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First of all i truly hope someone can help me out now hear

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ok first of all i...
ok first of all i truly hope someone can help me out now hear is story sister comes over my house we get into it she thens go call the police and say i tried to kill her with a knife they lock me up no miranda rights given got the knife from my minor 16 year old child not me got out of jail 12 hours later all charges dropped now where i live they are evicting me because of what was written on the police report how can i fight this and keep my apartment therwise me and my 4 children will be homeless and i never had a knife clean police record vice president of tenant association board up standing resident need helpm asap please anyone
Submitted: 7 years ago.Category: Criminal Law
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Answered in 16 hours by:
8/3/2010
Criminal Lawyer: Alex J. Esq., Attorney at Law replied 7 years ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,724
Experience: Experienced Licensed Attorney / Criminal Law Mentor
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Hello. My name is ***** ***** I will be glad to help you.

By law, you can not be evicted based on the fact that you have only been arrested and not convicted. If you are under a valid lease you need to file an answer to this eviction and have a hearing and explain to the judge that you have never been convicted of a crime and is presumed innocent until found guilty beyond a reasonable doubt, so any type of arrest without conviction should no subject you to an eviction.

Also wright a letter stating the same facts to the Landlord and advice them if they continue with this unlawful eviction based on an arrest and a police report, you will seek legal counsel and will pursue legal action against the landlord. Make sure you send it by certified mail, return receipt requested for your records.

I would not count too much on legal aid, as they are usually overburdened with work and also seek an advice of a local Real Estate attorney.

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Criminal Lawyer: Alex J. Esq., Attorney at Law replied 7 years ago
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