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  1. #1
    Join Date
    Nov 2006
    Posts
    10

    Default What Happens During and After Felony Probation

    Thank you so much in advance for helping me. My brother was recently charged with a felony. Basically he and 2 other friends got together and decided to claim a Harley stolen, so they could collect the ins. money. This was called Organized Crime. Since this was his first offense, he was given probation for 6 years, and 350 community hours and a 10k fine.

    He received this on Oct 17th. He moved from Texas to Vegas and has not even visited a probation officer or done any comm. time or paid any restitution. He has told his wife that he doesnt have to stay out of a bar because he has not seen his probation officer yet. Also he is saying that when his probation is over the Felony will come off his record.????? I dont believe that. The state of Nevada has turned down his request to live there because he is not staying at a permanent address. He is staying at an Extended Stay hotel. and that is not good enough for them. They want a permanent address. Besides all that he is going into casinos, bars, etc.... He has lied on his credit application to obtain a car loan. He has used his sons social security # because if he makes any money he has a judgement against him and they will seize it. He is a loose cannon. My brother is a alcholic, Prescription drug abuser and he is extremely bi-polar. He thinks he is above the law. He has always been very very wealthy and now he has lost everything he had. His wife and I had to sell all his belongings just to get enough bail money to get him out. We left him in jail for 7 weeks to try to sober him up and now he says he is going to sue us for selling all his stuff and for leaving him in jail. My questions are: #1 Does a felony just come off your record after completing probation? or arent you a felon always just not a "Convicted Felon" and also, can he sue either his wife or myself for selling his stuff off, when his home was being forclosed and we had to get him out fast or they would have seized everything in a 6000 sq. foot house.??

    I say he is crazy., off his rocker. We dont talk because he is threatning to sue me. Please tell me what all is envolved with Felony Probation where he can and cant go, do and not do. Does it just come off??? and also isnt any attempt to falsify information to obtain credit a Felony?????? I know using anothers ssn is a felony. Please help us.

    Thanks

    TexasGirl

  2. #2
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Please Help !! Questions re: Felony

    A Felony conviction does not automaticaly come off his record in Texas. If this is deferred adjudication that felony will remian on his record even if/after he completes the entire probation and then some before he MIGHT qualify to expunge the record but it won't erase what is already on record for background cheecks and the like and he will still have to answer questions truthfully. Has his wife divorced him yet?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Please Help !! Questions re: Felony

    If he moved to a different state without permission and failed to appear for his meeting with his probation officer, he's violated his probation and is not on track to complete it.

  4. #4
    Join Date
    Nov 2006
    Posts
    10

    Default Re: Please Help !! Questions re: Felony

    Hi thanks for answering..... His wife, which you are not going to believe is his 4th wife, She married him about a year ago, she met him online on Millionaire.com. He lied to her about everything in his life. She is the one that help turn him in on the motorcycle and he also did a false breakin in his home that still is pending whether they are going to press charges, which would mean a second felony. She is basically after him and is playing "the game" to put him away forever. He was still married to wife #3 when he married her. The 3rd wife is having to file bankrupsty for a 4 million dollar Yacht that he let go back. The list goes on and on.... But at any rate, she wants to see him get picked up in Nevada and go to jail. We all know my brother wont last even 6 months of his probation, much less 6 years, before he is sent to jail for a while. She wants him to sign a anullment. She really wants him to be forced back to Texas so he wont go after her physically. She is scared.

    To answer Aarons question..... Texas gave him permission to move to Vegas, he had no home and nowhere else to go. When he got to Vegas he had to give an address, so he gave the Extended Stay Hotel as the address, and he then got a letter of refusal saying that it is not a permanent address so he'd better get one. But he cant because His wife's house in Vegas is being leased out until February so his wife isnt going to rent an apartment and be stuck with a lease.

    He did get Deferred Ajudication, with the 6 years prob. and all the other stuff. But why havent they come to get him.??? He hasnt done a darn thing that the judge handed down to him. He is falsifying records, going to casinos, etc.....not reporting in. not doing community service.

    I told his wife that the record of Felony doesnt just come off his record and she doesnt believe me. He has her snowed. He IS a conartist., liar, cheat etc.... He told me that he has already hired Dick DeGuiren to help him in the Ins. Fraud case (Home) and Dick isnt going to charge him a dime. I find that hard to believe. You see, my brother was a very successful guy in Houston, but he has managed to push all his friends, family etc. out of his life, by lying, cheating etc.... Noone wants to have anything to do with him. I feel really bad for him, but he has done all of this to himself. He has threaten to burn down my house, and my husbands business, and have my family killed. and now he wants to sue me... I have washed my hands of him , but I am trying to help his poor wife get out of the mess. Ive told her to leave now and she says she cant until they pick him up. I just dont know any more, All I know is that I have to prove to her that he IS a FELON and he will always be a FELON no matter what. and that he cant be going into casinos, bars, and lying to obtain credit. I do believe that is a Felony in itself. Am I wrong.???

    Thanks again, I just dont know where to turn and I cant afford an attorneys advice,

    TexasGirl

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Please Help !! Questions re: Felony

    If he has violated his probation, a warrant will be issued for his arrest. Most people wanted on warrants are eventually picked up in a relatively mundane manner, such as during a routine traffic stop.

  6. #6
    Join Date
    Jul 2006
    Posts
    985

    Default Re: What Happens After Felony Probation Is Completed

    If he wasn't dovrced or waited the waiting peroid before remarriage, bigamy can be added to the list, his "wife" may need an attorney herself for several reasons. You may obtain a restraining order against your brother for the threats and if he has been reported to the probation department the same sheriff that serves him the papers for the restraining order can pick him up on the violation.

  7. #7
    Join Date
    Nov 2006
    Posts
    10

    Default Re: Please Help !! Questions re: Felony

    Aaron, Boy, so we have to wait until the dummy makes a traffic violation before he is sent back? Wow.

    Rmet- Yes we know she and his 3rd wife could of gotten him for Bigamy. The 3rd wife is having a hard enough time having to file bankruptcy. His "now" wife is drained financially. When she met him she had Just bought a brand new home in Vegas., she had lived in it for 3 weeks, and my brother told her that he was a millionare and that she didnt need to worry about money or the like. and he would take care of all her bills, etc. She moves down here and finds out that he had Lost it all ! and now she was expected to work and pay for everything. She did this for approx 1 year. Remember she still had a very hefty house payment in Nevada. So she is paying for everything and I mean everything. I never stated that she was very smart. My brother didnt have a cent left. As for a restraining order, I DID have the police come to my home when his wife told me about the threats. He took a statement, and then it wasnt too much later that he got picked up "in his underwear i might add" and sent to jail. I will get the restraining order. I am in Houston and he is in Nevada., so unless he comes back here to live, I doubt he will be picked up by the same police department.

    My questions are:

    Will he Always have/be a Felon ?

    On probation, where is he allowed and not allowed to go? - ie, bars etc??

    Do you have to reside with a relative?

    He is now practicing to be a Loan Officer - Can he do that with a Felony?

    If he lied on a credit application to obtain a loan on a car - Isnt that a Felony?
    evidently his felony hasnt shown up yet on his record., It was filed in Temple Tx. they must be really slow there.

    Can he sue his wife or myself for selling all of his belongings? even though it is on a recording at the jail that he said you can sell my stuff???


    Thanks ever so much again for guiding us.


    TexasGirl

  8. #8
    Join Date
    Jul 2006
    Posts
    985

    Default Re: What Happens After Felony Probation Is Completed

    Making a police report or him being arrested is not the same thing as a restraining order, all of you, 3rd wife, "now" wife and you all please consult an attorney to protect your interests. Don't worry about how or if he will get picked up, we cannot answer your specific questions, an attorney with access to the facts can do that.

  9. #9
    Join Date
    Nov 2006
    Posts
    10

    Default Re: What Happens After Felony Probation Is Completed

    Hi Rmet

    I know that a restraining order isnt the same thing. That is a whole other ball of wax. All I was wanting to know is what is the "Normal" Probation for a felony. You see, he wont let his wife see his probation papers, so we dont know what he is allowed to do. IF we know then we can somehow turn him in. I do know that with a Felony, you cant vote, have guns, drink or do drugs, be in a bar that only sells alcohol.... But what we dont know is the rest. We dont know how long before you HAVE to see your probation officer. (Its already been a month) and nada. He tells his wife that even though he has a felony, the felony will be dropped after he completes his probation. I dont believe that to be true. They dont just drop a felony, do they? Nevada has turned him down, but he continues to stay there. So, he is there illegially.

    Somebody moved this post, and my actual questions are not What happens AFTER a Felony probation is completed., Its regarding Probation and the normal flow of things. and if we can be sued. He keeps telling his wife if she leaves him, he will sue her for selling his stuff, so I guess I cant get my answers here.

    Thanks for your help.

    TexasGirl

  10. #10
    Join Date
    Jul 2006
    Posts
    985

    Default Re: What Happens After Felony Probation Is Completed

    If he won't disclose what the terms of his probation, then contact the courts and his probation officer.

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