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dumb in texas

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D

desma

Guest
me and two friends were riding around in a truck in dallas one evening about five or six years ago and saw a fire at a apartment complex . we decided to try to be good citizens and help the fire victims BOY was that a mistake the biggest mistake of my life.there was a woman who was driving a very small car and the security guards told her she had 15 minutes to get her belongings out. me and my friends told her we would help her. we loaded some of her belongings in the truck and followed her to her brothers apartment unloaded and went back for a second load and we waited with the security guards because we didnt write down the directions to her brothers we had just followed them the first time . we waited till 2:00 a.m. and they never came back. the security officers told us if we left her stuff there they would throw it away, so we gave them our phone number and address and told them if she came back to contact us . her stuff would be on the back patio of our apartment under a tarp. we explained to the security officers that we had a job out of town and would be leaving the following morning for 3 months. when we returned we had a warrant for our arrest for theft. we tried to handle this matter with the lady (fire victim) by calling the lady and telling her that the property was still on the patio where it had been for the last 3 months. she asked for our address and we gave it to her only to find out a few minutes later that she had called the cops instead. the apartment was surrounded all exits and entrances were blocked. then cops came and said this is the police come out with your hands up, we did. we were taken to the dallas police staion and questioned, after the interrogation we were escorted back to our apartment where the lady was waiting. she acknowledged that it was a BIG misunderstanding and all she wanted was to have her stuff returned, no problem it was all still there. we then loaded the stuff back in our truck and was escorted to her new apartment, we then unloaded the stuff inside her new apartment. after it was unloaded we had to sign a paper stating that all possesions were returned and all charges were to be dropped. however a few days later we were asked to come back to the police station to answer some more questions i went but my friend didnt . when i got there i was arrested and charged with felony theft i tried to explain that evertything was returned and all charges had been dropped but there was no record of it. i spent the night in jail till 4:00 a.m. that morning . i made bail and when i went to court with my court appointed attorney i was told that i had to pay restitution for water damage to the ladies property which the fire department caused. i was also told at that time if i plead deffered adjudification that my felony would be reduced to a misdameanor then after 3 months would be expunged from my record my court appointed attorney told me this. five years later i still have a felony on my record and this has caused numerous problems finding employment . If you can help me please respond. plus i cant vote i am what is known as a CONVICTED FELON. i served no time and reported to no parole officer and i dont even know what the sentence was. i thought when you were convicted for a crime there was a penalty or sentence and all i did was pay water damage restitution and get a felony on my record.
 


T

Tracey

Guest
Have your lawyer plead not guilty. If what you say is all true, you were acting as the owner's agent & were authorized to take her stuff. In the absence of didrection from her, you waited a reasonable time, then acted to protect her stuff, which appeared to be in imminant danger of being thrown away. This is bolstered by the fact that you wainted until 2am, then gave the security guards your name & address & instructions to give them to the woman so she could come get the stuff at her convenience. In fact, if you'd left her stuff there to be thrown away after agreeing to go get it, she could have turned around & sued you for breach of fiduciary duty!

The restitution for water damage is crap and the DA knows it. There's no way the DA can prove beyond a reasonable doubt that the water damage occurred when the stuff was on your patio instead of during the fire when the nice firemen were spraying water all over the place.

Don't go deferred. Unless you're an alcoholic or addict, a deferred prosecution is DA-speak for "We don't have enough evidence to convict you, but please let us put you on probation for 5 years & charge you thousands of dollars so our conviction record looks better." Frankly, you might even be able to get this kicked during the preliminary hearing, depending on whether the woman & guards will back your story. Get your attorney on the stick & get this kicked before your legal fees get too high.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited October 06, 2000).]
 
D

desma

Guest
thanks tracy for your advice however this happened five years ago and i still have the felony on my record . if you can advice me further on how to get it taken off my record that would be greatly appreciated.
 

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