2GN.ORG

Not really, but still sucks. Please take the time to read this & help me with my dilema. Sorry if the spelling sucks, i really don't care to take the time to make sure its correct


THE PRELUDE:
3 years ago i got introuble with the law. Had a pending Felony that got reduced to a class C misdameanor. Only reason i didn't fight it was because my lawer said to do the DEFERRED ADJUTIFICATION PROBATION since it was my first time offense & it would be off my record at the end of my probation. He even told me if i ever fill out an application some where & it asks if i was convicted, to not worry about it since i was convicted. (keep that in mind for later) So 3 years, 250hrs C/S, $3500 in fines, Prison for a day, & $7000 lawyer fee later, im off probation.

THE BEGINNING:
About a year & half ago me & the wife moved into our Apt. Just last week we decided to upgrade from a one before to a 2 bedroom. So we fill out all the paper work & they have to redo our background check. They call us Friday cause my probation popped up. They don't allow any types of criminal backgrounds in their complex. it baffled them cause i told them i just got off & i was on it for 3 years. It didn't show up when we moved in & now that im off it showed up. Well they have to talk to corp. & get back with us & that was on friday. the weekend goes by & we don't hear anything till tuesday.

THE FINALE:
So the head guy calls me up & asks me to come to his office. He shows me our contract & shows me where i didn't check the box for my criminal history. I told him what my lawyer told me. He just looks at me & says "well since you didn't check it, we have to ask yall to leave." he said some other shit too after wards & gave me a number to an apt locator but i wasn't listening. I had to keep my cool so i wouldn't loose it. So now we have to be out by the end of the month & I HAVE NO WAY OF MOVING THE NEON since there isn't any suspension on the car or can even be bolted on for that matter. I'm still waiting on my lawyer to call me back cause im furious

id pin the lawyer to the wall to make it right. you paid a lot of money for his services and you followed his advice.

hope it all gets sorted out and you dont have to move

Oie, man this sucks! I hope you can get things sorted out. I'm afraid I can't offer any advice

Oh man... I can't offer you any advice but yah I'd be getting ahold of that lawyer and start demanding that he take care of this since it IS what he told you to do. Either way man, hope things look up for you and it doesn't come to you you having to find another place and then move your car Sorry man...

if i can help let me know..

Wow, man... That royally sucks and the lawyer should definitely make things right for you. I wish I could offer some advice.

Good luck, though!

Sorry to hear about that Dan.. If I was home we could break the knee caps of your lawyer.. It wont fix anything but Im sure itll make you feel better.

Keep us posted on what the lawyer says man...

I don't really know what to say, I haven't really delt with anything like this before. But I would say lay the blame on your lawyer as you were doing what he told you to do. If you run out of time, maybe you could stay with some family? Flat bed the Neon?

wow! man that's is terrible. it's really weird that all of a sudden it is showing up. sounds like you might need to find another lawyer.

speechless

The shitty part about my lawyer is that i paid the dude all that money & one of the other guys that was introuble for the same shit as me had a court apointed lawyer. He got the same punishment as me, & that really pissed me off. We are moving our stuff into storage & we are gonna move back in with my folks. So hopefully some time next year we will be moving into my lawyer's house after i stab him in the neck

Wow that really sucks.... All I know is that when it asks if you have been convicted of a felony you have to put "yes" since you were convicted of a felony. Also, if you would of got out on diversion than it would of cleared... I never heard about Probation clearing it.. But I am not into all the legal mumbo jumbo. I think bige might give yah a lecture on it. That dude at your apt complex is an asshole. He is getting money, he shouldn't care. Good luck with everything and I hope everything turns out good and you get your car put together just so its moveable and get the hell out pf there and find a better place. And oh yeah, get ahold of your lawyer too... You paid him $7k he better effin help you out.

-CgPeon- wrote:Wow that really sucks.... All I know is that when it asks if you have been convicted of a felony you have to put "yes" since you were convicted of a felony. Also, if you would of got out on diversion than it would of cleared... I never heard about Probation clearing it.. But I am not into all the legal mumbo jumbo. I think bige might give yah a lecture on it. That dude at your apt complex is an asshole. He is getting money, he shouldn't care. Good luck with everything and I hope everything turns out good and you get your car put together just so its moveable and get the hell out pf there and find a better place. And oh yeah, get ahold of your lawyer too... You paid him $7k he better effin help you out.

it was a felony, but reduced to a class C mis. so technically i wasn't convicted of a felony. I'm just going off of what the lawyer has told me. I feel royally j0oed. We never had any problems at the complex. no one complained about us & we paid our bills on time & in full. so i would say we were excellent tennents. But oh well, on to better things

2003silverneonsxt wrote:if i can help let me know..

that sucks man. im really sorry to hear it... best of luck and keep us posted.

If you need help movin' the car let me know. im in okc and would drive down and help if you need it.

I have no real advice...
But I'd say get another lawyer, and sue the one you have now for giving you incorrect legal advice.

No idea if you can actually do that... but it might help. *shrugS*

Dude that is lame... Hopefully you find a better place that might make this whole, grab you ankles and aim for penetration, event worth it.

Good luck yo

I googled "deferred adjudication provision" and got this:

http://www.dallascriminallawyer.com/faq ... ation.html

This lawyer says you *will* have a record but *not* a conviction. So if the landlord asked you if you had a conviction, and you said "no", you told the truth! Find out exactly why your landlord is trying to kick you out.

If they're trying to kick you out based on a conviction that you don't have, or based on them thinking that you lied when you didn't, you have the option of staying there. They cannot force you out without an eviction order from a court - so if you want to stay, you can force them to take the dispute to court, and you could possibly defend yourself and win the eviction suit.

Of course, that does look bad in terms of future leases and kills your chance for a lease renewal at the end of the term. Landlords don't like people who have been sued for eviction.

Well I can tell you from experence (well my brothers experence) is if you get any kind of felony you are never off. He is in the process of getting of probation and they hit him with fees left and right. He got a $150 dollar fee for paying his probation to early . The justice system is exteremly crooked. That really sucks about your apartment and your car though. I hope it all works out for you.

Your lawyer has not heald up his end of the bargain Dan. it is up to him to make it right. A certified letter from the lawyer to the landlord should set that dude straight.
You are also entering an area where you may be able to sue the apartment complex for your inconvenience, mental distress, the stress to your wife and family, any costs incurred, etc. Oh, and never play down the race card, its a trump card if you can use it.
I feel really bad for you bro. If you were in Cali, you could stay at my pad till things got straight. Take care man.

dude thats crazy you would think since you are clean now that they would let it go.. wow

im gonna look into the possibility of suit. I think i will talk to the complex monday about why we are really being kicked out & show them that link. To me a conviction means i would have to spend time behind bars, & I have yet to see the inside of a prison cell.

I think they are kicking us out cause the complex has been having alot of brake ins & people's car & bikes are getting stolen & what not. Doesn't help that i was on probation for theft. I call it watching theft cause i never stole anything, i was just an accessory to the crime while i sat in my car & watched my ex-friends do their thing (long dramatic story). I talked with one of the other tennets tonite & he had his GSXR stolen last month. He went to HPD & found 18 pages of crime reports from our complex. We have yet to get any notices on many of these. We only hear about them through other tennets. The complex doesn't send out a notice or nothing.

is it gonna be your word against the lawyers or did he give u some kind of written proof to back up what he said? if he simply told u that it would be off your record, and thats not the case, youre gonna have a hell of a time fighting that in court. if it is indeed supposed to be off your record, then have at it and file a suit with the state for being responsible for u being booted from your house. good luck bro keep your head up.

Disclaimer: Not legal advice. For informational purposes only. Get a lawyer if you need legal advice.

CrucialNeon wrote:im gonna look into the possibility of suit. I think i will talk to the complex monday about why we are really being kicked out & show them that link.

You've got the right to this information - it's federal law. The Fair Credit Reporting Act (FCRA) covers much more than credit reports...it covers your background check report, too. Based on it, your landlord *must* meet some notice requirements (in oral, written, or electronic format). 15 USC § 1681m says they include the following:

• Notice of the adverse action
• The name, address, and telephone number of the consumer reporting agency (including a toll-free number for a nationwide agency) that furnished the report to your landlord
• A statement that the agency did not make the decision and is unable to provide you with specific reasons why the adverse action was taken.
• Notice of your right to a free copy of a consumer report from the agency that supplied the original report
• Notice of your right to dispute the accuracy or completeness of the information in the report

Enforcement of this notice requirement must be done administratively, and unfortunately not by civil action.

CrucialNeon wrote:To me a conviction means i would have to spend time behind bars, & I have yet to see the inside of a prison cell.

Not always. Some people don't spend any time in prison for minor offenses, especially the minor misdemeanors, and they're still considered convicted. Hell, even with traffic offenses, the court considers those convictions of violating the law, but people often don't care about them unless you're getting a job driving or something like that.

wow...that sucks

How on earth are you going to move your neon??

^very carefully i would assume.

when i got my job on the airforce base i didnt check the box for convicted of anything either then one day at work i was called to the office and they tried to ask me all kinds of ?s about why i didnt write down my traffic violations down and if i was tryin to hide something. it was just a bunch of bull but it all passed.

in your case dan, i dunno what to tell ya. im sorry man. i guess get with your old lawer and ask some ?s bout wtf could be goin on. 7gs is alot of money!

best of luck to ya dan

Call/write the ACLU and say they are violating your civil rights, and are discriminating against you.

hows things goin?

well where do i begin.....................me & the wifey are finally moved out of our apt. & are in with my parents now. we called the apt complex saturday to get the ball rolling with them making copies of what they found on my background & a statement on why we were being kicked out. They told us they would have to talk to their lawyer before anything would be givin to us. they also told us they don't keep a record of background checks. we were like WTF does that mean, do you just get a call from someone & they say if the person is clean or not.