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Criminal Charges and Nuisance Abatement Laws

  • Criminal Charges and Nuisance Abatement Laws

Criminal Charges and Nuisance Abatement Laws

How Criminal Charges and Nuisance Abatement Laws Leave People Homeless – today"s guest blog is by Wagnon Law Group, PLLC.  The opinions expressed by the author in this and all guest blogs are not necessarily those of Marc J. Victor, P.C.

 

Criminal Charges and Nuisance Abatement Laws

Criminal Charges and Nuisance Abatement Laws

BRYAN, Texas. Imagine you’ve been charged with a crime you didn’t commit. Now, imagine facing a nuisance abatement action that could put you out of your home. In some cases, nuisance abatement laws are being used in conjunction with criminal charges to push people out of their apartments and houses.

According to ProPublica, about 1000 nuisance abatement cases are filed in New York City each year. In general, the targets tend to be mom-and-pop shops in minority neighborhoods and residences. For those facing the loss of their home, until recently, there were few protections in New York City. Individuals would be locked out their homes or businesses before they had a chance to appear in court, and they were not entitled to lawyers because the city considered the matter a civil one. In some cases, individuals had never been charged or convicted of a crime.

According to the Herald Democrat, this issue is not a problem in New York alone. The Herald Democrat reports that greater enforcement of the nuisance abatement law may be taking place in Texas. According to the report, residences, where there was repeated criminal activity, were issued warnings. Yet, when one looks closer at the report, it isn’t clear whether the addresses being listed as targeted properties are properties where convicted criminal charges have been found or where “alleged” criminal activity has taken place. There is a big difference between alleged criminal activity and criminal charges. Individuals are presumed innocent until proven guilty. If officers are using alleged activity to evict people from their homes, then individuals may not be receiving the due process they deserve.

Criminal Charges and Nuisance Abatement Laws

For property owners in Texas receiving these warnings, many often don’t understand their rights, the law, or what the nuisance abatement laws are.

Where nuisance abatement laws are enforced, it isn’t clear how officers decide when or where to enforce the law. For instance, according to ProPublica’s investigative reporting, the vast majority of properties targeted using nuisance abatement laws were in minority communities. In some cases, families may receive letters, and be forced to make the tough decision of whether to abandon their home or expel a family member who is facing criminal charges. In some cases, nuisance abatement charges are even brought against businesses and homes where no formal charges have been filed. Often the targets end up homeless, jobless, or are forced out of their family homes.

If you are facing criminal charges, it is important to protect yourself. The collateral consequences of a criminal charge can also be immense. The Wagnon Law Group, P.L.L.C. are criminal defense lawyers in Bryan, Texas who fight for the rights of the accused. You are innocent until proven guilty. If you are facing additional problems with nuisance abatement laws, you may be able to fight your removal. Unlike criminal proceedings, you may not have a right to free legal representation if you are facing a nuisance abatement removal. This is why it may be wise to seek help from a qualified attorney. Visit http://www.wagnonlaw.com to learn more about your options and rights.

Criminal Charges and Nuisance Abatement Laws

Citations:

https://www.propublica.org/article/nypd-nuisance-abatement-evictions

http://www.heralddemocrat.com/news/20170601/denison-police-seeking-nuisance-compliance-from-property-owners

http://www.wagnonlaw.com/criminal-defense

2017-07-10T09:48:43+00:00

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