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  1. #1
    Join Date
    Aug 2007
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    3

    Default Married to a Convicted Felon

    I live in the State of Washington, I have been in a long dispute with law enforcement in the county in which I reside. The dispute was initially over the termination of a towing contract, but has snowballed into much more. The termination of the contract was supposedly based on the results of a background investigation. This law enforcement agency even had a piece of personal correspondence addressed to both my husband and I printed in the local newspaper indicating that the termination was based on a background investigation, not mentioning whose background it was based upon. I feel that I am being discriminated against simply because I am married to a convicted felon, a felony which occurred more than 30 years ago. I am also unable to find an attorney willing to help, due to the fact that my financial condition does not permit me to pay large attorney fees. This is the case because as a result of the termination my ability to make a decent living has been hampered. If anyone knows of any case law where a woman is being discriminated against because they are married to a convicted felon, I would appreciate being advised.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Married to a Convicted Felon

    You "feel" - that's not a very compelling basis for building a case. Check to see if you can obtain a copy of the background investigation under your state's "freedom of information act" (or parallel law).

  3. #3
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Married to a Convicted Felon

    The police do not HAVE to give you the towing contract. They can establish fair criteria for contractors, and the fact you are married to a convicted felon may give them great concern because of his potential access to other people's vehicles, identification information, personal property, etc.

    The crime he was convicted of may also play a big part in their decision.

    Have you called to ask the police what came up in the background?

    - Carl

  4. #4
    Join Date
    Aug 2007
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    3

    Default Re: Married to a Convicted Felon

    I sure hope that you live up to screen name. I am desperate for help. In my first post, I was trying to be short and sweet, hopeful that someone would reply. There is much involved with my situation. I am in possession of over 1,000 documents which I believe will one day assist me in finally having justice served. The documents were obtained through a PDA request made by an attorney, an expert on the Public Information Act. More than a year ago, I found one attorney who was sympathetic to my plight and she agreed to help me. She prepared a PDA request, the request was made by her with no mention of who her client was. I was not her client at any time, she was doing me a favor. The Grant County, Prosecuter received this request and made it extremely difficult to obtain the documents. The reason why I requested these documents is that my husband and I own a Towing Company and held a contract with Grant County Sheriff's office which was terminated after three months based on information provided when a citizen lodged a complaint against my husband. After one particular Deputy received this complaint, he proceeded to check my husband's background and found that my husband had used Alias names throughout the years and had many DUI's. Based on the information in the background investigation, he cancelled our contract to perform towing services. Since the date of termination I have tried many times to be provided with the opportunity to be heard, but I am continually ignored and dismissed. I wrote to Senator Muliken and she did step in on my behalf and her office was told that The Sheriff refuses to speak with me. I can't find anyone who will help me. Due to their termination of the contract, they have denied my right to make a living, so I can't afford to pay for an attorney. The attorney who received the documents through the PDA knows for certain that Grant County is in violation of the Public Disclosure Act and I believe that I have proof that one deputy is in violation of the Criminal Records Privacy Act, violations of the Act are punishible by a misdemeanor charge for each violation. This is a four year battle, they are driving me to the point to my husband is relinquishing the company to me and if I have to, I will take the drastic measure to get divorced. All in an effort to gain more evidence of their discrimination against me personally, just because I am married to a convicted felon. In fact his felony charge is for possession of a firearm. Doesn't seem that should be a crime, but he was in possession of the firearm within the New York City limits and that was a crime. I feel the only route to follow now is to try to build a case where they are discriminating against me because I am a woman. By the way Grant County is in Washington State. Before moving here, I had one home in my life, for 47 years and then I moved to Grant County. I thought that Grant County was going to be like Mayberry and everyone was friendly and Andy was the Sheriff. Was I ever naive. I have moved to Bubba Land. Where you aren't accepted because you weren't here for 30 years and how dare we open a Towing Company down the road from the Towing Company that has been here for many years. The Good Ole Boys prevail. I could write a book. I believe this happened because I talked back and the fact that I am a woman talking back infuriates them. You know you can take the girl out of Brooklyn, but you can't take Brooklyn out of the girl. Grant County stuffs me off as being crazy, which I am not. Someone please help.

  5. #5
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Married to a Convicted Felon

    Have you checked the contract? Here is a provision that is in a sample of one Washington state jurisdiction's tow contract concerning the owners and operators of a tow company having a contract with the city:

    5. Tow Operators must be at least 21 years of age, must possess a valid Washington State Driver’s license and must not have been convicted of driving while under the influence of intoxicants or drugs, reckless driving, or having their driver’s license suspended in this or any other state within the last five years, or have been convicted of any felony within the last 10 years.

    If this terminology was included within YOUR contract, or is present in state law, then you may not have a leg to stand on if your husband falls into this category. I could not find this language mirrored in state law, but it is certainly a viable option for a law enforcement tow contract. Similar language is present in our contracts as well.

    - Carl

  6. #6
    Join Date
    Aug 2007
    Posts
    3

    Default Re: Married to a Convicted Felon

    I have looked at the contract and it does not contain this language. I am already past the issue with the contract even though it is a contributing factor. Besides the Grant County Sheriff's only adopts one thing from the State Law that encompasses towing, which is the rates. Other than that, they don't feel that they don't have to follow the laws of the state.

    After my husband collapsing last night and had to be brought by ambulance to the hospital, when I thought he was dead on the floor, I made a resolution that today I was going to contact anyone I could at Grant County and let them know what is going on. Of course, they all said that it isn't their department, but atleast they listened and I know they will talk about me when they go to lunch. Maybe they will realize that Turley is not the upstanding cop that they think he is. I can not tolerate this any longer. When the ambulance was dispatched last night, after they announced that they had a semi consious male 49 years old at my address, then they proceeded to announce that the patient has an officer advisory on him. What was this semi concious man going to do to them. They never appeared at my door, but were sitting at the top of my driveway blocking the way for the ambulance to exit my property. Someone in this County needs to be made aware of the corruption present here.

    I will survive.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Married to a Convicted Felon

    I'm at a loss to understand how it is "corrupt" to terminate a contract with cause because the owner (or co-owner) of a tow company has a felony conviction. There may be a difference of opinion, and there might be a contractual violation, but that's hardly "corrupt". Law enforcement can certainly raise their concerns about the background of a tow operator and can terminate the contract if permitted. If the contract was poorly written, then you may have grounds for a civil suit. If you have waited too long to make a claim, then all the moaning in the world is not going to change a thing here.

    Have you consulted an attorney regarding a violation of the contract? How about simply getting into private tows?

    - Carl

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