i had a deal with the D.A. - embezelment charge, signes a contract stating if paid in full charges would be dropped to a misdemeanor. I paid off in full within agreed time, but the D.A. backed out from the deal and stated I have a strike from 10 years ago, in Oregon, and told me I'm looking at prison time cause of my past. Can they do this? Isn't this double jeopardy?
119548
It shouldn't but probably will....the three strikes law was intended to create a new tool for dealing with VIOLENT offenses, not fiscal offenses but being badly written and capriciously enforced, it often does rear it's ugly head in cases like this. Only a lawyer familiar with the specifics of your case can give you a difinitive answer.\nGood luck.
199962
Wow, sounds like a pickle.  First off have you confronted them on the issue of the contractual statement you both signed and agreed upon?? You need to confront them firmly on that and ask them if they themselves are breaking the contract.  Act like a lawyer and get tough.  You have your rights and as long as you are paying the agreed amount within the time limit given, you are should be legally safe.  Whether or not they are a legit agency that plays by the rules is another story.  \nTry contacting some government agencies regarding rights and commerce.  Try the phone book, online and through the library.  Even try the ACLU and ask them if they can refer to you the proper support network and then get some support.  Every large town should have a group that does free or low cost legal advice as well as representation.  Try those!  \n\nAlso, ask them why they are doing this beyond collecting the alloted amount that you are legally expected to pay.  Question them, challenge them...call them on the spot about what they are doing.  If they insist, tell them you are seeking legal counsel to see if what they are doing is legal?  \n\nJust get tenacious and find out from every free source what you need to, to protect yourself.  You have rights, remember that!
209416
We need some more information to be able to answer... what is the jurisdiction? Most sentencing laws are at the state level, and we would need to know what state you are in to be able to look into it.\n\nI can find no law anything like what you refer to. Even if there were, it doesn't sound like your husband's case would apply, because time served for one crime is NEVER applied to a sentence for another, unless a sentence specifically says that the two convictions are to be served concurrently.
654928
yes because you signed a contract to pay. if you dont you go off bond and go back to jail. and you will have to bond out all over again
201871
yes it is possible they can win that case because you signed the contract. It is known as a covenant not to compete contract.Sorry
458308
Yes, I have disputed and had the negatives removed, but the negatives were inaccurate. Sometimes it is best to "let laying dogs sleep" if the negative is old and accurate. By disputing the claim, you are refreshing the memory that you have an accurate debt with the creditor and since they will be updating the bureaus, your credit score could slightly drop since the account will look like it has had recent activity. Plus, if the creditors start to contact you since you reminded them of the debt, you will have to be careful with what you do so that you don't lengthen the statue of limitations (allowing them to have a chance to sue you for a longer period of time).
263112
are they bringing you up on additional charges, or did they throw out your plea agreement? just a thought, but if your attorney was competent enough to get it pled down to wreckless endangerment, he should be competent enough to know whether or not it is double jeopardy
345467
if there was no court date and she paid the fine, that means she either signed a paper admitting guilt or accepted a plea of guilt. It would seem that as a juvenile, it would disappear from an adult record, however I think your driving record is public record. Those things come back to haunt you, I am speaking from experience. There are laws to get certain offences "exponged" from your record. The laws vary from state to state. My particular crime is not expongable for ten years in Indiana, for example. It has cost me more then one good job. It seems unfair -if you paid for your crime and have not repeated the same mistakes, you should be able to move on with your life. Especially if many years have gone by. However big brother is watching. I signed a release of information at one job and they checked not only my criminal history but my credit, education, job, and personal history. Since 2005, when they passed The Patriot Act, eight out of ten employers do an extensive background check. it is supposed to cover their asp in case they hire someone who comes in one day and shoots up the place. I can see if it were a violent crime or a crime against a child, but for the most part we all made mistakes when we were young. some of us just got caught. We are just as hire able as the guy that hasn't learned his lesson yet, and a hell of alot less likely to make another mistake
478693
Speak with an attorney in your area.  Honestly, your story makes no sense.  IF a charge was on your background check, then an arrest was already made.  IF you actually allowed yourself to be arrested for a crime you did not commit, then you deserve all the crap you are getting.  For you to know the man pressing charges, against another person with your name has to be a joke.  FOr you to go with him and allow yourself to be arrested for nothing, is even more of a joke.  With your "arrest" you had to have received paperwork which indicates when the Court would hear your case.\n\nI had a warrant come up in my name at a traffic stop, but with a different Social, DOB and address.  The police officer simply pulled up a picture of that suspect, looked at me, and crossed of the warrant.  (Apparently, that suspect was black, and I am white.)  I feel there are many details you are leaving out, so I suggest you contact an attorney in your area.\n\nBesides, if your background check showed an arrest, 2 years prior, have the compaintant get a copy of the disposition of that case.  It would show the charges, date of trial, result (guilty/not guilty), the sentence handed down and whether or not said sentence was served.
7711
I wouldn't bother taking it to court. There's no way to prove that it happened unless the person is honest enough to say that he did make a verbal contract with you and he didn't follow through with it. I doubt that will happen, though. You really should have made a contract on paper.
211376
If you signed a settlement and release from your employer, and the employer has failed to perform under the contract, then you can file suit for damages to receive the benefit of the bargain in the settlement, out-of-pocket costs  which were reasonably foreseeable in advance and which flow as a natural consequence of the breach, and/or specific performance, to force the employer to maintain insurance in your favor, if that is what was originally agreed.\n\nOr, you can ask the court to void the release on grounds that the employer never intended to perform, in which case the agreement is a fraud, and then you would be entitled to the benefit of the bargain you would have received had the employer not defrauded you, which could include punitive damages to discourage the employer from repeating this behavior in the future.\n\nI am curious as to why your attorney is not telling you any of this -- it could be because the attorney messed up the contract and is afraid to tell you for fear that you will sue for malpractice or complain to the State attorney licensing agency.\n\nYou really should get a second opinion from another attorney to make certain that you are not being mislead.
111004
Well, this does not constitute double jeopardy.  Double jeopardy is when you are tried for the same crime twice.  You may be able to appeal the decision, but honestly, on a charge like that, you will probably not win.  My advice to you is to just wait out the six months, and try to find a job that does not require your CDL license in the meantime.  It's not the best solution, but probably the one that is most practical.  Good luck.
441261
I've never been convicted of a felony, but I was charged with a few misdemeanors when I was 20.  (Back when I was young and stupid in college.)  I could have had them wiped out afterwards but I didn't have it done.  You have to petition the court to get it cleared.  I would just call a law office and ask or call the courthouse and ask.  They should be able to get you your answer and the proper way to do it.  Personally, I'd would just own it.  Everyone makes mistakes, I've never been questioned about my juvenile record and I think if you have it sealed, it will just raise doubt and questions about your past.  Be honest and straight with people, and they will return the favor when it comes time to hire.
420440
not three strikes if you are in California because they have to be three separate convictions not all at the same time.  \n\nIf I were you, I would join a gym and get pumped up.  I would get tough quick because prison is no fun.  You will get hurt - you might get raped.  You have to be tough or you will lose every time.  \n\nSince you have been arrested for properly crimes, you might wish to plead out - pay a fine, community service, restitution, possibly work furlough or weekenders program.  If you are lucky, you can get this.  Otherwise, don't pick up the soap in the State Pen.
597991
Have you followed up with your lawyer? That might be faster than firing one and getting another. You could email him some message like 'I know you are really busy, and perhaps I should get my file back.'  However, I'd try just following up first.  Otherwise, ask what he/she thinks you owe them first, or you might find out he/she has incurred time behind the scenes that you will pay for and have nothing to show for.\n\nAlso, if you signed a contract, there might be something in there you need to take into account.
396546
How is he 'blacklisted' from working at other companies?  Was this 'mistake' actually better defined as 'a crime' and its now on his record when background checks are performed?  Or did he settle for deferred adjudication or something of the sort which also has to be discussed often when pursuing employment?  That's the only way I can see his past 'mistake' interfering with obtaining new employment.\n\nPieces are missing to this puzzle.  Your boyfriend should seek legal advice and you might want to sit this one out and wait for the end result.
17714
If the local District Attorney doesn't file charges, talk with the Federal Prosecutor or US Attorney in your area, even the FBI, if necessary. Under Title 18 U.S.C. 1644, Fraudulant Use of Credit Cards, Title 18 U.S.C. 1037, Fraud and releated activity in connection with electronic email and Title 18 U.S.C. 2510, et. seq., Wire and electroinc communications interception and interception of oral communications. \n\nI suggest that you request an appointment with the DA, him or herself. If the DA's office refuses to prosecute, speak with the State Attorney General's Office. \n\nPrior to turning any evidence over to the DA's office, make copies for yourself. Never give them the originals. Also you may want to contact the Judge that sentenced her and explain the situation with regards to the DA's office. \n\nRemember that the District Attorney is an elected official and can be cited for misconduct and even a recall election for derliction of duty, maybe even conspiracy. If the Federal authorities or even the State and Local are already aware of this, keep after them unitl they act on this. \n\nMake sure that you have closed the account that was accessed imnmediately and notify the bank of the breach of security.\n\nAnyway, Good Luck!