OT Important Legal Advice

Discussion in 'Blazers OT Forum' started by The Professional Fan, May 13, 2020.

  1. The Professional Fan

    The Professional Fan Big League Scrub

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    If you had a bench warrant out for your arrest, would now be the best possible time to turn yourself in? Or the worst? Can you get in front of a judge right now? Would you be stuck in jail until you can? Or, being that there are reports of inmates being released to avoid the 'Rona, would they simply let you walk until a later date?

    Asking for a friend. Not really.

    Listen, the S2 community is diverse in opinion but it is not lacking in intelligence and experience. It's a long and very layered story of mine. Not doing the lawyer thing again. Don't want to get into much detail unless absolutely necessary. The first paragraph of this post is what I want to focus on if possible. I will say the warrant is not for a violent crime. It was a DUI a long time ago and I missed a court date and I kind of melted down because I had never, ever been in trouble with the law in the 40 years of my existence. Been putting it off for close to 3 years. No preaching necessary. I know I'm an idiot. I tell myself every day. But I'm ready to get this fixed so I don't have to anymore.

    Very uncomfortable to post, but desperate, and seriously, any reasonable insight could truly help me a great deal. Plus, what else do you nerds have to do.

    Forever grateful. Go Blazers.
     
  2. ehizzy3

    ehizzy3 RIP mgb

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    I don’t know but good luck
     
  3. e_blazer

    e_blazer Rip City Fan

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    You need to talk to an attorney before you do anything and you should do it quickly. As a general rule, I would think that don’t want to get arrested and hauled before a judge. It would be better to turn yourself in...after talking to an attorney.

    Here’s some general info on warrants in Oregon:

    https://arrestwarrantguide.com/Oregon-Arrest-Warrants.php
     
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  4. Hoopguru

    Hoopguru Well-Known Member

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  5. H.C.

    H.C. Well-Known Member

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    One of the few memories I have of my biological father is going with my mother to pick him up at work.
    Watch him being walked out of the building in hand cuffs with police on either side of him.
    All because of a DUI & missing a court date.

    If I was ever in your situation. I'd do everything in my power to not be embarrassed like he was.
    Co-workers, boss, wife, 3 year old son. all saw him walked out in handcuffs.
    This was after they came to the house looking for him the day before.
    Don't do what he did.
     
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  6. Orion Bailey

    Orion Bailey Forum Troll

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    Good on you for being brave enough to reach out.
    Im by no means an expert, but have had a few nonviolent run ins and have had a warrant issued on me for probation violation from being nailed for possession of some pot a long time ago.

    Now my experience is different because the laws changed.
    But when i got picked up for speeding (didn't know the warrant was out) and the prosecuting attorney recommended a year in prison, i had my mother bail me out and moved to ny.
    In my three years there, king county washington changed their focus and reduced my crimes to a fine. I was then able to pay the fine and come back.

    But here is the thing. Ive found it to be not black and white. One judge can punish you differently than another judge for no other reason than their opinion of you.

    You said it was a long time ago. How long? Im not sure but isn't there a statute of limitations? 7 years?

    I would first try to confirm that aNd based on how long ago it was, maybe you ride it out?

    otherwise my experience says don't mess with the law. They always win. I would call in and tell them you are looking to find out the procedure for turning yourself in and if there is info about how long before you go before a judge? They may be able to answer that to your satisfaction over the phone.
    thats how i found out a out my situation and knew i could pay a fine and come back. I made some calls and they told me over the phone.

    Wish i had better advise, but thats my two cents. Good on you for wanting to do the right thing and get it past you though.
    and good luck.
     
    Last edited: May 13, 2020
  7. riverman

    riverman Writing Team

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    Get a good public defendant....turn yourself in and plead guilty to the offense and offer to repay the debt by volunteering for 911 calls or the firedept, etc.....community service. Tell them you want the quickest way to deal with this that saves the state money and time....they'll love you for it and you'll probably get probation and a fine that can be worked off in your community doing some good....better yet if you have a detailed proposal for paying the debt this way..good luck! Fighting something like this or taking the 5th generally pisses off the courts
     
  8. Chris Craig

    Chris Craig (Blazersland) I'm Your Huckleberry Staff Member Global Moderator Moderator

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    Your not an idiot. I don't see you any differently. We are all human and make mistakes. It is always better to turn yourself in. It is probably wise to seek an attorney's advise. If you turn yourself in now, they may let you out quickly due to the virus and your crime not being violent. Don't quote me on that.
     
  9. jonnyboy

    jonnyboy Well-Known Member

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    Now could be an advantageous time to get this cleared up. It’s good you’re trying to get it taken care of and exploring your options. We all make mistakes.

    The statute of limitations in Oregon for misdemeanor DUI is 2 years. Felony DUI 3 years. This is the amount of time that can pass without legal proceedings being initiated before a case gets dropped. You first need to determine whether you are past the statute of limitations for your DUI. From there I would seek legal council. If you don’t want to pay for an attorney, request a meeting with a pubic defender, or at least try to get as much info as you can from one over the phone, then proceed from there. Do you still have a warrant issued? If you are past the statute of limitations the warrant should drop off the books. Warrants are pubic information and can be looked up. Check that first.
     
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  10. riverman

    riverman Writing Team

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    3.5 years of sobriety, thankfully this is something I'll never deal with in my life ...I'm now the world's designated driver
     
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  11. jonnyboy

    jonnyboy Well-Known Member

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    I know a lot of people are saying to just turn yourself in, but I would not be so hasty. The law is not a fair thing. It is a slanted game and you need to be prepared to play it. And you have the right to defend yourself whether you wronged or not. You need to weigh your options and definitely need to seek some sort of professional legal council before just calling up the county and turning yourself in. It could really be the difference between high fines/jail time and a slap on the wrist or better yet, dropped case.
     
  12. riverman

    riverman Writing Team

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    turning yourself in "with" a good public defendant isn't the same...you can arrange bond to be covered unlike getting picked up by the cops ...the lawyer goes to the cops with your offer...simplifies their life in most cases...especially in the world of paperwork....a judge I knew told me so few people understand that if you make it easy, he'll make it easy too
     
  13. jonnyboy

    jonnyboy Well-Known Member

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    Ditto on going thru an attorney to turn oneself in. That is a must. A lot of things can happen in court though. A judge has the power to use his own discretion more so than any other legal figure. An identical scenario can go a hundred different ways with 100 different judges. You just never know. Skipping court is not looked upon favorably by the judge who rules over it, the ease of paperwork may not be sufficient retribution in the eyes of every judge.
     
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  14. riverman

    riverman Writing Team

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    that's why I said get a good lawyer....it's the lawyer that probably knows which judge to approach....or which judge owes him a favor, etc..non violent crime, I'd say with the corona virus and jail problems that chances are pretty good you could cut a deal. I don't know the circumstances nor pretend to....just my 2 cents about an optional approach
     
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  15. oldfisherman

    oldfisherman Unicorn Wrangler

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    Fuck all attorneys, they learn how to lie for a living. They only work for themselves, not the client paying them.

    Many of the young ones are trying to get a easy secure job at the DAs office. Good luck hiring one of them.

    The older ones are interested in making a name for themselves to run for a public office, or, have you pay for their kids college tuition.

    Attorneys will recommend what will make them them most money, not what is best, and least expensive for you.
     
  16. riverman

    riverman Writing Team

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    public defenders don't have financial incentives to throw you under the bus...I understand there are many sleazy ambulance chasing lawyers but don't discount the good ones...my older step brother RIP was a good man and lawyer....my cousin was a sort of carpet bagging hippy lawyer who'd file a couple's divorce for homecooked meal and a tank of gas...they should make a movie about his life..he's also gone now..I've had both experiences
     
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  17. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Which county?

    For a DUI I don't think they're going to want you in jail.
     
  18. jonnyboy

    jonnyboy Well-Known Member

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    They will also get your ass off the hook. It’s a fucked up game, there’s no denying it. Most of what you said is true but you gotta pay to play.
     
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  19. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    I'm pretty sure statute of limitations only comes into play if he hasn't been charged. Once charged there is no SoL.
     
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  20. riverman

    riverman Writing Team

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    I sincerely hope this turns a negative into a positive somehow for you and thanks for sharing....that alone can be cathartic sometimes
     

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