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  1. #1
    Join Date
    Aug 2006
    Posts
    2

    Default Felony Probation

    Sorry if this is in the wrong section, this is my first post here.

    Anyways, back in November I was arrested on a class 4 felony in Illinois for possession o Marijuana. I am still going through the court system. My lawyer is going to try to supress the evidence on the grounds of an illegal search and seizure but we are unsure if that will hold ground. Anyways my question is...

    I went to talk to the property manager of my complex about getting a 2 bedroom since I am now pregnant and will need the extra room. She told me she was notified by the police of my arrest and she will give me the 2 bedroom but that if I'm convicted I will be evicted and have 60 days to move out. I guess you cannot live here if you have a felony conviction. So, I was wondering if I get convicted, but it is expungable, will I still get evicted because a felony charge? I know with expungable probation it will be dropped from my record as a conviction, but that isn't untill after probation is complete right?

    What do you guys think? I hope this made sense, I am not the best at getting what I'm trying to say into writing. If anything about what I posted is unclear ask and I will clarify for you.

    Thanks in advanced,
    Kimberly

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Felony Probation

    Quote Quoting kimberly06
    View Post
    Sorry if this is in the wrong section, this is my first post here.

    Anyways, back in November I was arrested on a class 4 felony in Illinois for possession o Marijuana. I am still going through the court system. My lawyer is going to try to supress the evidence on the grounds of an illegal search and seizure but we are unsure if that will hold ground. Anyways my question is...

    I went to talk to the property manager of my complex about getting a 2 bedroom since I am now pregnant and will need the extra room. She told me she was notified by the police of my arrest and she will give me the 2 bedroom but that if I'm convicted I will be evicted and have 60 days to move out. I guess you cannot live here if you have a felony conviction. So, I was wondering if I get convicted, but it is expungable, will I still get evicted because a felony charge? Yes. I know with expungable probation it will be dropped from my record as a conviction, but that isn't untill after probation is complete right?

    What do you guys think? I hope this made sense, I am not the best at getting what I'm trying to say into writing. If anything about what I posted is unclear ask and I will clarify for you.

    Thanks in advanced,
    Kimberly

    Standard answer

    Here are some hints on appearing in court:

    Dress professionally in clean clothes.

    Do not wear message shirts.

    Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

    Bathe and wash your hair.

    Do not bring small children or your friends.

    Go to court beforehand some day before you actually have to go to watch how things go.

    Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

    Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

    From marbol:

    “Judge...

    You forgot the one thing that I've seen that seems to frizz up most judges these days:

    If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

    If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

    Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

    (Better yet, don’t carry your cell phone into the courtroom.)”


    Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

    1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

    2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

    3. I’ve got a job/military posting in [name a place five hundred miles away].

    4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

    5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

    6. I was influenced by a bad crowd.

    http://forum.freeadvice.com/showthre...687#post854687

    Public defender’s advice

    http://newyork.craigslist.org/about/.../70300494.html


    Other people may give you other advice; stand by.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Felony Probation

    What do you mean by "expungable"? If you mean if you will eventually qualify to have your conviction expunged, are you still convicted, the answer is yes.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Felony Probation

    Who told you if you get convicted, that you can get it expunged?

    First, you cannot have been previously convicted of any criminal offense or municipal ordinance violation, and you must have been acquitted or released without being convicted of a municipal ordinance, felony, or misdemeanor for the offense you are trying to expunge.
    Source of information: http://www.law.siu.edu/selfhelp/newsletter/28.htm

  5. #5
    Join Date
    Aug 2006
    Posts
    2

    Default Re: Felony Probation

    Quote Quoting Happy Trails
    View Post
    Who told you if you get convicted, that you can get it expunged?



    Source of information: http://www.law.siu.edu/selfhelp/newsletter/28.htm
    My lawyer told me that. Since I have never been in trouble before I qualify for 4-10 probation which is expungable and should go off my record after I complete my probation.

    Thanks for the replies guys!

  6. #6
    Join Date
    Sep 2006
    Location
    Texas
    Posts
    7

    Default Re: Felony Probation

    I think you are talking about Deferred Adjudication. This is not truely an expungsion. It DOES stay on your record. I have been round and round with the courts in Texas for this.

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