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re: Legal Help Needed - Will & Trust Dispute - Possible Eviction!

Posted on 8/3/18 at 1:11 pm to
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 8/3/18 at 1:11 pm to
(no message)
This post was edited on 8/8/20 at 9:43 am
Posted by saderade
America's City
Member since Jul 2005
25749 posts
Posted on 8/3/18 at 1:40 pm to
You don’t think there were judges in Texas in the late 80s that gave harsh sentences to some young punk?
Posted by Go_Dawgs
Member since Nov 2012
920 posts
Posted on 8/3/18 at 1:47 pm to
quote:

This doesn't add up. A first time offender breaking into a house does not get 6 years day for day. Especially if no weapons involved and no one was home.


That depends on the laws on the books at the time.

Just a quick google search showed that a first time felony charge for burglary can carry anywhere from 1 to 20 years w/o use of a weapon. So depends on how big of an arse the judge feels like being.

I remember when I got my DUI as a retarded 19 yr old - the judge I went in front of had several cases she was sentencing before she got to me. She was a cruel lady (I mean if you f-d up it’s not her fault obviously, but her sentencing language was very harsh).

Anyway - as she was reading the mandatory minimums and maximum prison time for each case she made sure anyone that was there for drugs or DUI were given the maximum time allowed in the state. Every one of them. Her son had OD’d and she lost another relative to a drunk driving accident. Sure enough I was given the maximum fine and spent a few days in jail.

Back to OP - like several people have said, lawyer up. If you don’t, I do not see how you can solve any of this.
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 3:53 pm to
First of all, why would somebody troll a forum claiming they were a felon?!?

It's the last thing anyone wants to be.

Anyway...

shite happens in prison. Back in 1987 because of over crowding a six year sentence normally meant six months. Most people would parole right out of the county jail. I would of, could of got out on parole. Again, shite happens in jail/prison. I did all six years of my sentence. Day for day. First time non violent offender. Believe whatever you want...
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 3:55 pm to
Thanks.

And that is what I'll be working on over the next few days.

Thanks again.
Posted by Tiger Prawn
Member since Dec 2016
21980 posts
Posted on 8/3/18 at 4:06 pm to
Not reading through this whole thread, but sounds like you need to call the Southern University Law Clinic and ask for Dorothy Jackson, Esquire.
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 5:41 pm to
No thanks. I'm having enough trouble with this guy.
Posted by Tiger Prawn
Member since Dec 2016
21980 posts
Posted on 8/3/18 at 6:29 pm to
Suit yourself. She specializes in wills and estate planning
Posted by Evil Little Thing
Member since Jul 2013
11261 posts
Posted on 8/3/18 at 6:36 pm to
quote:

Suit yourself. She specializes in wills and estate planning


Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
22064 posts
Posted on 8/3/18 at 6:37 pm to
quote:


Once convicted, you're convicted. The only hope would be a pardon from the President.

There is no way to expunge anything.


This is bullshite. I had a friend that got a felony drug conviction expunged after just 5 years.
Posted by georgia
445
Member since Jan 2007
9109 posts
Posted on 8/3/18 at 6:39 pm to
ELT! I fuggin miss you!
We moved the PTFD thread to HF.
come visit!
Posted by Evil Little Thing
Member since Jul 2013
11261 posts
Posted on 8/3/18 at 6:42 pm to
quote:

ELT! I fuggin miss you! We moved the PTFD thread to HF. come visit!


Hiiiii!!! I miss you, too! I need to get back in there. Headed over to catch up :)
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63228 posts
Posted on 8/3/18 at 6:50 pm to
Plan A was to become homeless?

Jesus
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
22064 posts
Posted on 8/3/18 at 6:56 pm to
quote:

lan A was to become homeless?

Jesus


Well, eviction takes 60 to 90 days. So, if he's not worried about his credit, might not be a bad move to get the trustees dereliction of his fiduciary duties on paper rather than hearsay.
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 10:31 pm to
Texas Law

In Texas, you can have a felony expunged from your record in the following circumstances: You were arrested but never charged. You were charged, but the case was dismissed for lack of probable cause, insufficient evidence or unavailable witnesses. The grand jury “no-billed” your indictment.

I was arrested. Charged. Convicted. Sentenced.

My felony will be there until I die or the President pardons me.
Posted by 7thWardTo314
Member since May 2017
1284 posts
Posted on 8/3/18 at 11:19 pm to
quote:

Do you have a felony on your record?

Well, I do. I have been around the block a few times for 30 years trying to get it removed.

Presidential pardon would be my only hope.


I had 2 felonies for basically the same thing expunged 4 years ago. Cost me 500 for my lawyer to file the paperwork. I don’t have to give that information to any applications unless its a job that requires security clearance(military, FBI, etc).
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76579 posts
Posted on 8/4/18 at 12:08 am to
Expungement law varies from state to state. I’m sure this guy has looked into it.

A president can only pardon federal convictions.
Posted by Tiger Prawn
Member since Dec 2016
21980 posts
Posted on 8/4/18 at 1:07 am to
quote:

In Texas, you can have a felony expunged from your record in the following circumstances: You were arrested but never charged. You were charged, but the case was dismissed for lack of cause, insufficient evidence or unavailable witnesses. The grand jury “no-billed” your indictment.

In any of those situations, you don’t have a felony to expunge because theres no conviction. No conviction = no criminal record
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/10/18 at 12:39 pm to
UPDATE

After telling my trustee that I would see him in court, he has now changed his attitude. He made a couple empty promises and said he would act right basically...

That being said, he's still not going to pay my rent this month. I'm still letting the eviction process take place to get him into the courtroom.

Question: Is a trustee allowed to discuss, divulge information to anyone else outside of the trust about the trust? Are they held to same standards as lawyers, doctors as far as confidentiality laws?

Anyway, thanks for your time. Have a great rest of the day!
Posted by JOHNN
Prairieville
Member since Nov 2008
4363 posts
Posted on 8/10/18 at 1:21 pm to
So if he changed his tune and said he was going to act right, how is he doing that by not paying your rent? Sounds to me like the guy is up to no good if you ask me.
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