I put a firearm on layaway the other day but didn't think about the fact that I am on some sort of probation for my DUI. I don't check in with anyone, just pay fines, already completed all other conditions of my DUI diversion. Just paying off rest...
A standard condition of probation in Oregon, by statute, is no possession of weapons. However, I've succeeded in having the probation judge delete that requirement for, e.g., an avid hunter. Get permission before you possess any weapon -- from your PO if on formal probation, or your probation judge if bench probation. Don't drink/drug while hunting, if hunting is the purpose of your weapon purchase.
Have you considered having your lawyer ask for early termination of probation? It often works if you're done with your recidivism reduction programs (alcohol treatment, Victim Impact Panel) and all fines are paid. Give your lawyer a call and email! Include their legal assistant on any email. They help get things done.See question
I recently found out I have a warrant for my arrest for failure to fulfill my Diversion Program from a year ago plus. I'm turning myself in tomorrow morning at 6am. what will happen then? Will they lodge me, tell me to go to an araignment in perso...
The wheels of justice move slow -- but things are less scary with a lawyer on your side. Hire a good attorney from the community, and ask your questions there.
If you're telling us you have zero defense to bailing on Diversion requirements, then you're likely looking at minimum sentencing -- unless you've been convicted of a new crime. You're facing AT LEAST 48 hours jail, 1-year license suspension, probation, alcohol and drug treatment, victim impact panel, and $1000-$6250 in fines (I'd guess $3000 in fines from the context of your question). Get a good lawyer, yesterday! The timeline of your case matters!See question
Its been over a year sense i was charged for a crime but i still haventb been convicted over a year ago
Your best bet is to share your question with a lawyer in an office conference. It's hard to discern here what your question is -- but this is not a confidential forum, so avoid posting details here. Find a good lawyer in your community!See question
My boyfriend and I live out of town. Our home address is 72818, however his shop and the 9 acres its on are located at 72790. Tax assessor's legal descriptions and pictures prove this. They searched both properties under the same warrant. Isn't t...
You need your own lawyer. Your boyfriend's lawyer is ethically barred from representing you.See question
Fell asleep in my truck in a public parking lot, work up to, two officers pointing flash light in my face, and telling me they had been there for ten minutes. They had me get out of my truck, and told me that they can see that there was a meth pip...
Meth possession has traditionally been a felony, so I'm moving your question to criminal defense. Conviction comes with a 6-month driver license suspension. If protecting g your record and your license are important, get into a criminal defense lawyer's office. Many of us don't charge for an initial consult.See question
both my wife and I got tickwts for having a meth pipe and for illegal camping when we had just pulled off hwy 97 at parnell rd and china hat road I live in brookings so its about 6-7 hour drive
I'll move your question to criminal defense since your "tickets" are criminal, rather than mere traffic violations. Possession of meth has traditionally been a felony, but a new statute is making some newer offenses misdemeanors:
SECTION 15. ORS 475.894 is amended to read: 475.894. (1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. (2)(a) Unlawful possession of methamphetamine is a Class [C felony] A misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of methamphetamine is a Class C felony if: (A) The person possesses a usable quantity of methamphetamine and: (i) At the time of the possession, the person has a prior felony conviction; (ii) At the time of the possession, the person has two or more prior convictions for unlawful possession of a usable quantity of a controlled substance; or (iii) The possession is a commercial drug offense under ORS 475.900 (1)(b); or (B) The person possesses two grams or more of a mixture or substance containing a detectable amount of methamphetamine.
Since you were not convicted of your Washington County meth case at the time of alleged possession in Clackamas County, and since the meth baggie at 00019 of the attached discovery looks like less than 2 grams, you would be eligible for our Clackamas case to be a misdemeanor, rather than a second felony. However, the Bill also provides:
SECTION 30. (1) The amendments to ORS 475.005, 475.752, 475.824, 475.834, 475.854, 475.874, 475.884 and 475.894 by sections 9 to 16 of this 2017 Act apply to unlawful possession of a controlled substance offenses committed on or after the effective date of this 2017 Act.
In any event, you'll have to hire an attorney to arrange a warrant recall, or turn yourself in on the warrant. Good luck, and I'm sorry you're going through this -- getting clean from meth will be your number one priority, after dealing with this warrant.See question
My diversion was revoked at the very beginning after I went homeless and could not afford the classes. Once I got my disability I started doing my classes and I have to start over due to the fact I took a pain pill for an abscessed tooth that I wa...
I agree with my colleague, there's no reason you can't finish your probation obligations in Missouri (treatment, Victim Impact Panel, etc.). This isn't a "game" -- you just have to not use booze or illegal drugs (it's illegal to use drugs that aren't prescribed to you, obvs). It's really not terribly complicated. Don't use, finish treatment, and get the government off your back. Also, instead of moving now, you could just wrap up treatment here (90 days demonstrated abstinence is the minimum), then ask the judge in a letter to terminate probation and go wherever you like. The government thinks you've got a substance abuse problem -- show them you've dealt with it by completing treatment and abstaining from drugs and booze, and get the government off your back. Otherwise, you risk living with a warrant, getting arrested everywhere you go. That's not ending "the game," that's needlessly prolonging it.See question
Hi, I got a DUII for the first time. My fiancé stabbed me whilst drunk. I got into my car in an attempt to get to the hospital and wrecked. I was panicking and drove too fast. I subsequently hit a truck. I was not breathalyzed or arrested. I was a...
You've hired an attorney -- ask your question of that attorney. Do it in writing if you like. Your attorney's business card should have the email address. None of us will know your case as well as your attorney.
If your attorney is refusing to answer this basic question (we generally explain the maximum, minimum, and likely exposure in the initial conference), hire someone else. These are basic questions to which you should already know the answer.
To add to Mr. Kahn's excellent answer: once choice of evils is raised, the burden is on the state to disprove it -- beyond a reasonable doubt.
You could give up that and other defenses by entering Diversion, of course, and it may put you in better stead on any other criminal charges. Again, your retained lawyer should know best.See question
I did drink night before, was not going to drive but my car was dead so I was charging battery and wanted it charged up for next day for work. do they give you a second chance for a situation like this very often or do they normally just revoke...
In addition to Mr. Starn's excellent answer, there are diplomatic ways an attorney can try to keep you in Diversion too. Walking into court without a lawyer on this is like begging for a DUII conviction, 1-year license suspension, $1,000+ fines, and a non-expungeable criminal conviction. Get a lawyer, and get help!See question