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futurelawyer09

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  1. My friend committed a first degree felony in Harris County, TX. This was his first offense. He got sentenced to 120 days in jail as a condition of probation. Usually on jail sentences, people serve only a portion of their sentence before they are released for a myriad of reasons (good behavior, overcrowding, etc.). In circumstances in which an individual is serving jail time as a condition of probation, is it possible for that person to be released early, or must the entire sentence be served day for day? Thanks in advance for your help.
  2. My husband pled guilty to one count of making a false statement to obtain credit in the state of Texas. He fraudently verified income and employment for his uncle on two mortgage loan applications. He has no previous criminal record and the total value of the mortages is roughly $1 million. Both homes forclosed without any payments being made. The judge has instructed our attorney that he would impose probation if he can come up with $30K towards restitution. The problem is we don't have that kind of money. My husband is truly ashamed and remorseful about what he has done. We cannot afford for him to go to prison. He has a full-time job and cooperated with the Atty. General's office in this matter. Outside of having the money, is there anything that would improve my husband's chances of getting probation? We have already completed at PSI, complete with character letters. If there are any additional details needed, please ask. Thanks in advance.
  3. Thanks for your information, Sarah. I was hoping that you (or anyone else who may be inclined to answer) might be able to give an educated guess of sorts, relative to the likelihood that my boyfriend would receive probation as punishment, rather than imprisonment?
  4. My boyfriend is facing one count of felony statement to obtain credit. Based on the amount (over $200K), this is a first degree felony in the state of Texas. Essentially, the state is accusing him of being the ring leader in a real estate fraud ring. He helped his uncle (a seventy year old man) purchase a home his uncle would never live in, even though his uncle applied for the loan claiming the home would be a primary residence. Though his uncle had excellent credit, he did not have the income to justify the cost of the home (over $600K). My boyfriend is accused of inflating his uncle's income on the loan application to guarantee his uncle's approval. My boyfriend and I then lived in the home for approximately 1.5 years after that. I did not know that anything out of the ordinary had ocurred with the purchase of the house. In fact, I thought my boyfriend had bought the house on the strength of his own credit. The ringleader part comes in because the state says that my boyfriend colluded with the appraisal company to inflate the value of the home so he could pull the equity out and pay the appraiser, and the mortgage broker under the table "commissions" and keep the rest for himself. The home went into foreclosure without a single payment being made towards the mortgage. It was sold within a year after that, but at more than $200K less than its appraised value. My boyfriend has never been in trouble with the law before and was even a state employee for six years in the 1990s. According to their statements, neither his defense attorney or the prosecutor wants this case to go to trial. I hope I have given you enough information to give an educated guess to the question I will pose (if not, please let me know what other details you may need): I realize that financial crimes, particularly in the mortgage arena have received a lot of press lately, but given the fact that my boyfriend has never been in trouble with the law before, how likely do you think it is that he will get probation with no jail time?
  5. Last September I was set to buy a house in Texas directly from the owner. Long story short, he allowed me to move in about a month before the closing date. Near the end of that month he asked for rent. I thought that was fair because a series of delays on his part and mine would have pushed the projected closing date about a week and a half later than originally planned. As a result, I agreed to pay him rent until the deal closed. However, the day I was supposed to pay rent, he became very rude and belligerent and stated that he no longer wanted to either rent or sell the property to me. I later found out that his sudden change of heart was because the home was to be foreclosed upon before both the original and revised closing dates. I told him to calm down but he refused. I didn't pay him the rent and continued to live on the property. I had utility bills on in my name there. I knew it was becoming an unmanageable situation, and I wanted to back out of the purchase agreement, but knew I didn't have the time or the manpower to move out of the home immediately as he demanded. Two days after his blowup, he called the local sheriff deputies and had me arrested for trespassing. He told the police that he didn't know who I was and had never seen me before. I tried to plead my case to the police. I showed them the purchase contract and the utility bills to prove I lived there, but they took his side and arrested me anyway. Luckily, the charges were dropped when the DA heard a voicemail he left me acknowledging that he had given me permission to live there. The day I was arrested was the last day I ever lived there. In an ongoing civil suit filed against him, I was able to retrieve my clothing, furniture, etc. from the home. All parties are pro se in the suit and so far, it is going fairly well for me. I would retain counsel if I could afford it, and he is in the same position. Of course, if he ever scrapes up enough to hire an attorney, I will be forced to do the same. One of my causes of action against him is unlawful eviction. That being said, my questions are: Since our rental agreement was oral and not written--once I violated the agreement by not paying my rent, shouldn't I have been removed from the property by eviction rather than by arrest? I realize that no money changed hands in the rental agreement, but doesn't the fact that he acknowledged that I agreed to pay him rent and he agreed to receive it mean that we entered into a landlord/tenant relationship? Since I failed to hold up my end of the bargain by not paying rent, I am arguing that his course of action should have been eviction, not arrest. His lying to the police to orchestrate my arrest constitutes fraud (another cause of action I'm asserting). Thanks for your help on this. I hope I've given you enough detail to form your legal opinions.
  6. Yes, I was behind on the car payments at the time. I'm assuming, to find my lienholder, he just looked at an old car note that was in the car, because it would have told him that. I'm not entirely sure how he found out who my lienholder was, but my the scenario I described seems like a pretty plausible one to me. Wasn't he under any obligation to tell me where my car was (or at least be honest about it when asked), rather than have me look for the vehicle for a week? I realize that I didn't have the right to unilaterally declare the rental contract void. I didn't do that. I just violated it by not paying. Speaking of contracts, did he have the right to unilaterally deny the existence of the contract in the first place to the police when he filed the police report. By the way, the reason the charges were dropped against me was because at my court appearance, I produced a voicemail message the landlord left in which he acknowledged the lease agreement. As I'm not a lawyer myself, I'm not sure what is relevant and what is not relevant in order for you to form a legal opionion as to whether his calling my lienholder to advise them of the car's whereabouts was legal or not.
  7. Last summer, I was in a legal dispute with my landlord in Texas. I mentioned this on a previous post, but stupidly, he and I did not have the lease agreement put in writing. I was set to purchase the home from him, but he agreed to lease it to me pending the closing of the home. He wanted $1500 of rent, which I initially agreed to pay. However, I changed my mind about paying him because he started to use abusive language when he called me demanding that we change the terms of the purchase agreement for house. We were about a week prior to closing, so I thought it was ridiculous that he wanted to change the terms of the purchase contract then and there, so I refused to pay him rent on our oral lease agreement. To make a long stroy short, he called the police and had me arrested for trespassing since I refused to pay the rent.. Although I could produce a purchase contract for the home, I could not produce a lease agreement for the home, which would give me written permission to reside there in advance of closing on the home. The police took his word over mine (he stated that he never agreed to allow me to live there before closing) and arrested me for trespassing. Thankfully, those charges were later dropped. However, when I got out of jail, I returned to the home to find that my car was missing. I called my landlord, and he initially denied anything to do with the car's disappearance, so I filed a police report. About a week later, the police called me and said that they had spoken to my landlord and he told them that he called the lienholder and had the vehicle repo'ed. I called my landlord and he said that he had done it because he felt I owed him rent. What laws has he violated, if any, in doing this?
  8. I was in the process of buying my first home in Texas last September. The owner/seller and I initially agreed on numbers, but as the closing date approached he became very hostile and combative. We had agreed that I could move in a few weeks before the closing date rent free. Stupidly, I failed to put this agreement in writing and I also failed to get a realtor. As the closing date approached, the owner/seller demanded rent, even though he hadn't before that point. Our conversations was very heated, and he decided to call the police and have me forcibly removed for trespassing. The trespassing case was dismissed because the DA was satisfied that I had been given permission to reside there pending the closing date. I soon found out the real cause of his sudden change of behavior. To make a long story short, the home was foreclosed upon two weeks after my arrest. and I never knew that the owner/seller was in any form of distress at the time we were negotiating. The date of my arrest was the last day I physically resided in the property. The day after my arrest, he rented the property to subsequent tenants. Was the owner/seller required to tell me that the home was in pre-forclosure or could have been subject to a short sale at the time we were negotiating?
  9. I'm not entirely sure that my boyfriend won't be arrested if there is a paper trail that leads directly to him, (insurance, etc.). The delay may simply be that the traffic stop happened in Arizona and my boyfriend lives in Texas, or there may already be a warrant out for his arrest here in Texas, but the police just haven't found him yet (he's not in hiding, however). I'm not asking strangers to make a choice for my boyfriend--I'm simply asking for an opinion from strangers who are qualified legal professionals. I thought that was what this website was for, but apparently, it is also for judgement and condescension, both qualities I could have found anywhere without bothering to log in to this site. This is an online forum, so obviously everyone here is a stranger to one another, so I'm not sure why your acting as if I've fallen off a turnip truck for being silly enough to ask my legal question on a website dedicated to people who have legal questions. If there are further details that you need, simply ask, because I will be glad to give them to you. However, please don't make snide and condescending remarks, because you are the legal professional, and therefore in a better position to determine what parts of this story are pertinent than I am.
  10. The bank is aware that this is a case of ID theft because the man contacted them after he started receiving collection notices in the mail. The bank, then apparently verified that the business associate didn't authorize the car purchase or sign any paperwork thereof. My boyfriend did not pretend to be anyone else to the police because his son told the cops what his dad's (my boyfirend)name was and showed insurance in my boyfriend's name. The reason I am asking strangers here is because some of these strangers are supposed to be legal professionals who can point my boyfriend in the right direction. As to my own culpability, I didn't think that I would be an accessory after the fact, but I suppose I am if the DA decides to be vigilant in his/her prosection. I doubt that my boyfriend would say anything to incriminate me, but of course, one can never be sure. I guess I just want to know, should he wait to be contacted by the authorities, or should he be proactive by contacting an attorney?
  11. Last spring, my boyfriend stupidly decided to get a Hummer for his 16 year-old son's birthday. That in itself is stupid, but that's not the stupid part to which I refer. The problem is that he stole another man's identitfy to do it. He went to a dealership, picked out the vehicle, and mailed them the other man's (forged) paycheck stubs, social security information, and forged signatures on the purchase contract. We live in Texas and he took the car up to Arizona where his son lives. Well, my boyfriend was actually a business associate of the man whose identity he stole. The other man thought that my boyfriend was collecting his information for a legitimate transaction. When the man caught wind of the real purpose of his personal information being collected, he desperately tried to get my boyfriend to return the vehichle to the bank who financed it. This was March/April of last year. My boyfriend didn't do it, and stopped taking the man's phone calls. To boot, my boyfriend never made any payments on the vehicle either, so the repo man had been looking for the vehicle for a while. Last week, my boyfriend's son got stopped by the police in Arizona while driving the vehicle. The vehicle had been reported stolen. They handcuffed his son, but let him go when the cops called my boyfriend and he explained that the vehicle was supposed to be repossessed. The police let his son go, but impounded the vehicle anyway. My boyfriend seems to believe that now that the bank has their vehicle bank, they probably won't pursue criminal prosecution, but I think that even if that's true, the man whose identity he stole may feel differently and may want to prosecute him to the fullest extent of the law. Should my boyfriend contact a defense attorney right away to negotiate the most lenient restitution/punishment terms possible, or should he simply wait for th authorities to contact him again in reference to this vehicle? I think that now that they know how to contact him, it is only a matter of time before they try to pick him up on various theft and fraud charges.
  12. futurelawyer09

    HELP ME!!

    If you don't hae money for a lawyer, your only option is to go with the court-appointed atty. they give you. What would be your defense, anyway?
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