my case was reversed and remanded. I know that means that the convictions are reversed and the state has the right to retry me if they choose to.
The answer is . . . it depends. If you're out-of-custody, and thus able to post this question, then, after your first appearance in court after reversal, the state would have the usual amount of time to get you to trial that the court allows in that particular county. However, if they haven't scheduled an initial court appearance yet, they probably have 2-3 years before you'd be entitled to a dismissal (assuming you weren't hiding out from). If somehow you posted this question while in custody, those charges are the only things holding you, then arguably the state has 60 days from the entry of the appellate judgment (about 45 days after the opinion is issued) to get you to trial or they'd be forced to release you (exceptions for attempted murder and murder). If you are in-custody and you are serving a sentence for something else, then you can file a 90-day demand and they'd have 90 days to get you to trial.See question
My boy friend got arrested 2 years ago on a felon with a firarm was booked and released no arrainment two years later he gets a lettler tjat if he misses a court date tjey are putting a warrant oit for his arrest he is now currenty doing time in a...
As noted by Ms. Moro, the indictment was filed within the statute of limitations. But it's possible, at a future date, to get the charge dismissed if he is not brought to court within a timely manner. If, for example, Oregon knows where he is, but they don't put a hold on him (perhaps because the warrant only authorizes his extradition from nearby states), then he might be able to get a dismissal 3 years from now. This is dependent on Oregon knowing where he is, so to get the clock started, he should write two letters -- one to the court and one to the prosecutor -- telling them he is in-custody and wants to go to trial as soon as possible. The letters should include his case #, which is probably contained in the letter.
However, if he is in prison in the other state, and there is a hold on him from Oregon, he should begin work on filing a 180-day demand pursuant to the interstate agreement on detainers. If he does it properly, with the help of people or information at the prison library, then Oregon would have to bring him to trial in 6 months or the charge would be dismissed. There is a good chance they would fail to do so in a timely manner.See question
Husband was granted immediate release. He was to be released o. January 15, 2017 but he is being held because Oregon has a warrant for his arrest on a mistaminor in Bend, or. How long does Oregon have to respond before he is released?
You may want to call the sheriff's office in Bend and ask if it's a "nationwide" warrant, an "in-state" warrant or a warrant for when the defendant is in a nearby state. That should tell you whether or not Oregon actually will seek to extradite him.See question
I have a friend that got this charge on her record at the age of 10(age of crime allegedly committed) it has, and is ,ruining her life ..it followed her into her adult life and she has to register as a sex offender .. she has tried to fight it wit...
The law has changed in a way that would make it easier to eliminate the sex offender registration requirement. I would recommend that your friend contact Oregon Youth, Rights and Justice. If they can't help her, they can probably refer her to lawyers who could.
If none of that works, your friend should look up the sex offender registration page on the Oregon State Police website. They have some additional information that might help her eliminate the registration requirement.See question
I was charged and convicted of Possession of a "Stolen Motor Vehicle", back in the mid 70's , i did my 5 years probation, (many decades ago) and found out that because, its under a Motor Vehicle Code, that it doesn't qualify for expungement, so ...
I recommend hiring a lawyer. The reason is this: while you would have a moderately good chance at getting "misdemeanor treatment" in this case even without a lawyer, in order to get as much relief as possible, you will want to persuade the court to enter a new judgment. In other words, there are real-life benefits to getting a new judgment entered that go beyond simply getting a judge to grant reduction to a misdemeanor.
Furthermore, a lawyer can talk to the prosecutor and possibly see if an even better solution can be reached.See question
My girlfriend was arrested in California for attempted robbery 1st degree but is homeless and has no one. She has to report to a probation officer and do community service, I wish to bring her to Oregon to be with our kids and be off the streets s...
It is very possible. Your girlfriend would have to initiate the process with the help of her probation officer. The rules related to transfer of probationers are dictated by the Interstate Compact on Adult Supervision. These rules are promulgated by the Interstate Commission for Adult Offender Supervision. You may want to google those resources.See question
someone i know strangled and he cut her with a safety pin scratched her and she feels like somebody tried to kill her but was told thats not even something she knows and most likely its just a assault choked her with his hands and she feels he w...
There are two many unknowns to say what he will be charged with. There are a wide range of crimes to choose from, from misdemeanor assault or strangulation to felonies of various degrees.See question
An officer called me informing me that they have been asked to tell me not to contact that person and if I do so again I will face telephonic harrassment charges and go to court. What I want to know is if the person asked the officer did they have...
The person wouldn't necessarily have filled out a form, but the officer probably wrote something up. Also, there could be a record of it in the Portland Police Database, something that won't impact you unless you get into trouble in the future.See question
I have 2 deals 1 c- felony I can get off my record in 3 years. Or 2 a-misdemeanors I can't get off for 10 years. I want to be able to have a good job.. as a lawyer what would you choose or recommend ? Note : I can't wait 3 years to have a job as ...
It is hard to answer this without knowing you, your circumstances, and the strength of the charges. But I would ask your attorney about (1) earlier termination of the felony probation and (2) misdemeanor treatment upon successful completion. Those two considerations might impact your decision.See question
My brother called my charges and I'm trying to help him figure out what's going on in approximately how long he is looking at
90 months in prison, no time off for good behaviorSee question