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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87744
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I applied for an apartment. My application was denied. The

Customer Question

I applied for an apartment. My application was denied. The lease agent referenced that there were a lot of names on my credit report and that the report showed several criminal crimes [burglary, escape, drugs and even more]. They all have different case numbers, different counties, and different body descriptions from mine.

Of course, I am in shock by this as it goes all the way back to 2001. So, I went to look with my attorney to see if any of this stuff was indeed under my name. Well, we definitely did not expect to find anything.

But, we did. There sits a warrant out for "my" arrest of theft $1000-$10,000 with dates of 12/2012 and the warrant was filed 2/19/2013.

The only thing my mind came to was the eviction that took place in the month of December. It looks like my landlord filed this against me, only though I did not steal anything.

Please tell me what to do? The charge is 001 Statute cr.7.104 cjis 1 0622 probable cause.

Is this a jail situation? What is going on?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. So if I understand you correctly, your identity in this criminal history is being confused with someone else's, correct? And you are asking how to have this cleared up?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Yes, that is one of the problems.


 


Then there is the BIG problem:


Which is actual for "me" a warrant for my arrest for theft - $1000 - $10000. I have no idea why or what? I've never stolen anything.


 


The warrant appears to be something my landlord filed against me claiming "theft" of some sort (property). However, I did not steal anything from his property, I'm just hearing of such allegations and yet there is a warrant out for my arrest of theft charges.


 


I gave all the information regarding the warrant above.

Expert:  Ely replied 1 year ago.
Thank you. Please allow me a moment while I type out the answer; apologies in advance for the momentary wait...
Expert:  Ely replied 1 year ago.
What you have here is an "entanglement." Either someone had stolen your identity and has given it as their own when caught, or, they share your name and some other information, leading the authorities to place this information on your history.

Believe it or not, this happens often. What someone in your situation needs to do is to go to Court and straighten this out, explaining that you are not the same person who this record and the warrant (coming from this record) is from.

This is done by filing a (non-standard) Motion to Correct Record with the Court. I am afraid that you are going to need an attorney to do this, only because they will have to:

1) Draft the petition;
2) Go through the court record and fine the name of the officer who was involved;
3) Subpoena that officer to ensure that you are not the same person who they had spoken/dealt with; and
4) Possibly file a motion to quash the warrant to allow you to come and testify in Court for the motion to correct record.

May I recommend the MD Bar referral program by county - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

This should take care of the wrongful record.

Now, you state: "But, we did. There sits a warrant out for "my" arrest of theft $1000-$10,000 with dates of 12/2012 and the warrant was filed 2/19/2013."

You think it was your former landlord, but honestly, very likely it is still the other person. I am not sure why a landlord would file this against you, and the date may just be a coincidence. I really believe that the warrant and whatever else is behind it stems from the mistaken identity, which would be taken care of with that motion.

However, if it really is your former landlord (which I doubt), your same attorney can quash the warrant and have a court date set up for you to deal with this matter.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


It is from my landlord...he mentioned in an email asking about media equipment that was missing from the property. When we moved in he told us to do what we wanted with it so we took it all down and the media items were all left in a closet in the apartment. I don't know if I may have put some things in storage, but I can definitely check and see.


 


Would this cause a reason for him to file a report of theft against me. That is why I said, I know this one is mine for sure because it looks like my landlord hand prints all over it.


 


But what do I do now that this warrant is out against me?

Expert:  Ely replied 1 year ago.
Ah, okay.

Allow me to explain what has happened, then.

The DA is the one that actually decides to file charges or not. The whole matter goes like this:

1) a criminal complaint is filed (by your landlord);
2) the police investigate (which may or may not involve statements from you);
3) the police pass on the file to the DA (district attorney);
4) DA decides whether or not to file charges.

Here, the DA seems to have decided that there is probable cause to file charges.

But what do I do now that this warrant is out against me?

Retain counsel. The attorney should then work to quash (void) the warrant, and talk to the DA, and hopefully, have the DA simply dismiss the case once all of the facts are known.

This may take a little time, as the Court will ask you to come to to the Courtroom, and first plead (not guilty), and then allow your case to be reset several times while the the matter is negotiated between your attorney and the DA, hopefully leading to dismissal.

Finally, if this is dismissed, you can even possibly entertain a suit against the landlord for malicious prosecution, which is when: "A person acts with malice if his primary purpose in starting a prosecution is other than bringing the offender to justice. If a prosecution was started without probable cause, you may find from that alone some evidence of malice."

If so, you can also seek punitive damages.

I hope this clarifies. Good luck.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.


Will there be someone looking/coming to arrest me any day/any moment about this?


 


Is this a situation where I turn myself in, sit in jail and wait to be released and then given a court date?


 


Or does the quashing happen before all this....for example, if I went to a lawyer and they put in the quash, would I still have to sit in jail for something like this? (Montgomery County, MD)

Expert:  Ely replied 1 year ago.
Hello,

Will there be someone looking/coming to arrest me any day/any moment about this?

Um, unlikely. For a minor matter such as this, the police are unlikely to actively go out and search for the individual, although you are likely to be arrested if stopped for a speeding ticket, etc, on the account of the warrant. But do not mistake this for nothing serious - it is - and you need to engage counsel to take care of it. You will not be able to handle this on your own.

Is this a situation where I turn myself in, sit in jail and wait to be released and then given a court date?

Yes. But if you engage counsel, they may be able to ensure that you do not spend any time in jail at all, and simply are booked and released.

Or does the quashing happen before all this....for example, if I went to a lawyer and they put in the quash, would I still have to sit in jail for something like this? (Montgomery County, MD)

By quashing a warrant, the attorney will "kill" it and a date will simply bet set up for you to go to court to deal with the matter. If the attorney is unsuccessful, then you may have to be booked (however with an attorney, he would help you set up a bail bond ASAP and you would be out in a few hours with a court date).

So one way or another, you will be given a court date to handle the matter at that time.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Thank you, XXXXX XXXXX I'm done for now, but could I return later if I have any more questions under what was already paid?

Expert:  Ely replied 1 year ago.
Friend,

You may always return later to this thread as much as you want to, free of charge. I will be here, and if not, I normally follow up within a few hours as soon as I can.

Also, please note that while you have put down the deposit, I have not received credit unless you rate positively. Please, do so. Do not worry, I will still be here, to answer all your questions at no charge, after the rating.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87744
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

I contacted a criminal lawyer today. He did confirm that I would still have to be book and turn myself in.


 


But, I'm still confused with what happens after I'm booked. Especially since I recently contacted my landlord about this. I told him it was a mistake and that things he is looking for got mixed in with my personal items. When he talked to my lawyer (divorce), he said he would be willing to drop these charges if I wrote him a letter explaining the situation. I've done, but haven't heard back from him.


 


I'm frighten by not knowing what will happen once I turn myself in (how long will I be there, will be out in time to not miss work, what amount of bond, if any?)

Expert:  Ely replied 1 year ago.
Hello friend and thank you for your follow up.

It is not the landlord that drops the charges, but the DA (prosecutor). So what the landlord has to do is to go to the DA and ask them to drop the charges. Then the DA may do so. At this point, it is not the landlord that is prosecuting, but the state. The landlord is simply a witness.

I'm frighten by not knowing what will happen once I turn myself in (how long will I be there, will be out in time to not miss work, what amount of bond, if any?)

What happens is that when you are booked, you are held until/unless someone posts bond. However, that amount will be determined first possibly by an officer and then confirmed (raised/lowered) by a Judge during your first hearing. You can bond out at any time before, so to do so, it makes sense to talk to a bail bondsman to set it up. See here for a good explanation of what happens.
Customer: replied 1 year ago.


how would the landlord go about contacting the DA to do this? what step in the process is this done?


 


is this the same as him going to the police station, talking to a magistrate and saying this was a mistake?

Expert:  Ely replied 1 year ago.
how would the landlord go about contacting the DA to do this? what step in the process is this done?

They literally have to call them, and perhaps come in and talk to them, and ask them to drop the charges.

is this the same as him going to the police station, talking to a magistrate and saying this was a mistake?

No, he would have to go to the DA. Not the police, and not the Court.

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