Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i
i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?
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A:
I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:
First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and provide proper legal guidance. Many offer free initial consultations. An experienced lawyer is in the best position to advise you on your options and help build a defense strategy.
In general, some potential defenses to operating a business without a license could include:
- Arguing that you were not actually operating a business, but rather just informally renting out rooms to those in need (as you mentioned)
- Showing that you relied in good faith on your partner to handle licensing/regulatory matters
- Demonstrating that you didn't have the required mental state (criminal intent) if you were unaware of the licensing requirements
However, the viability of these defenses depends heavily on the particular facts and circumstances.
Another option your attorney may explore is negotiating a plea deal with reduced charges, especially if this is a first offense and you have a clean record. Enrolling in any required licenses/permits and ceasing the unlicensed activity could potentially help your case.
The important thing is to take this seriously, be proactive in mounting a defense, and avoid further unlicensed rental activity that could compound the charges. An attorney can help protect your rights and pursue the best path forward.
Wishing you all the best in resolving this matter. Please let me know if you have any other questions!
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