If you have been charged with a felony but haven't had a court date yet are you considered a felon? 19 Answers as of May 21, 2013My boyfriend went to jail to sit out his traffic tickets and after he turned his self in he found out he had a sealed indictment from 2010. He hasn't had a court date set yet but we are trying to get an apartment. Is he still considered a felon even though he has not been convicted? And will this show up when the apartment does the background check? His charge is engaging in organized crime. Will this prevent us from getting a place in his name? Also, I worked at the same place he did in 2010 and I know he is innocent how can we fight the charges?
The Law Offices of John J. Carney Esq. | John J. Carney
The charge will show up on a background search as an arrest, not a conviction. Everyone tells their family they are innocent, but very few actually are so you should ask his lawyer what the evidence is and ignore everything that he tells you since it is not reliable. He might be innocent, but it is still a serious crime and that probably hurt your chances of getting an apartment in big cities where they run background checks.
Answer Applies to: New York
Goolsby Law Office | Richard Goolsby
We recommend that you begin by retaining an experienced criminal lawyer to fight for you. Also, unless and until a person is convicted of a crime, that person is presumed innocent and can truthfully say that they are not a convicted felon, (as to that offense which they are facing).
Answer Applies to: Georgia
Hamblin Law Office | Sally Hamblin
Not a felon until convicted. Of the apartment does a criminal background check, the arrest and offense may show up. To have the best defense, you need a good attorney. Regarding not getting an apartment, the landlord may consider the crime. If denied, he will not say out was got that reason.
Answer Applies to: Michigan
Law Office of Joe Dane | Joe Dane
I'll take your last question first. How do you fight? With the very best attorney you can get. He has been charged with a felony, but he's not a convicted felon at this point. If an application asks about convictions, he hasn't been unless he pleads guilty or is found guilty by a jury.
Answer Applies to: California