Recieved letter from an attorney on behalf of my previous landlord.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Recieved letter from an attorney on behalf of my previous landlord.

I just received a letter from an attorney on behalf of my previous landlord stating that I took property from the premesis that did not belong to me when I moved a month ago and that she was going to file a police report and seek prosectuion against me in criminal courts. I did not take anything that did not belong to me. As a matter of fact i sold my furniture to the tenant who just moved into another apartment in the building so I would not have to move it. What can I do to prevent going to court and paying attorney fees I can not afford?

Asked on March 25, 2009 under Criminal Law, Illinois

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 14 years ago | Contributor

An attorney or anybody else should not threaten anybody with the prosepect of criminal prosection if you don't ante up. In fact this could be a violation of the Rules of Professional Conduct. For example, if an attorney wrote another attorney with a letter like the one you received he could be sanctioned by the state bar association for threating legal or administration reprisals if you don't settle with him.  It isn't the landlord who makes the determination whether to prosecute your or not, it's the People of Illinois. There are many procedural details that the government must do before filing a criminal complaint against you; and if it's a misdemeanor the offense must be committed in the presence of a police officer or the "victim" must make a citizen's arrest.  If it's a felony an arrest warrant must be issued by a magistrate or judge based on the government's representation that you are guilty of a felony. The important thing now is not to discuss this case with the police or anyone else except an attorney.  It cannot help you.  Nobody gets convicted because they exercised their constitutional right to remain silent--the Fifth Amendment. I think a letter to the attorney who wrote the letter and citing the applicable rule of professional conduct will shut him up.  It is almost like extortion or blackmail.

I hope this information is helpful to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption