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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27482
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey, my brother is incarcerated in Minnesota and he has a

Customer Question

Hi Zoey, my brother is incarcerated in Minnesota and he has a warrant in Oregon that he is trying to get dropped so he can apply for a boot camp program in mn. Any idea how to do this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Generally Minnesota is not going to let your brother go to Oregon until he's finished with his case, because they won't want to pay to get him back. So about the only way that this could be done is if you obtain a lawyer in Oregon who can get the warrant lifted by representing that your brother is in custody in another state. That isn't always easy to accomplish because Oregon is going to want to make sure that when he's through with his sentence he comes back to them. But depending upon what the case is, an Oregon lawyer may be able to resolve it without your brother.

Customer: replied 1 year ago.
He is serving 6 years in Minnesota prison for felony marijuana charge. He violated probation in Oregon, that's why he has the warrant but every time he got pulled over in mn, the police would call Oregon and they said they didn't want him. So how do we get it resolved without him being there? His attorney won't do anything, never returns our emails or calls
Expert:  Zoey_ JD replied 1 year ago.

He's likely going to wind up with credit for the time already served on the violation of probation, since he's serving 6 years in Minnesota. But this still may not be an easy fix. Oregon may not be eager to do him any favors. That may be why his lawyer doesn't want to get involved. If his lawyer isn't interested in assisting you, you'd have to retain another lawyer who could handle this for you.

Customer: replied 1 year ago.
Is there a penal code that states a specific time period the court system has to sentence him after he requests it and lets them know he's incarcerated? There is a code in California that gives the courts 30 days.
Expert:  Zoey_ JD replied 1 year ago.

He could probably file a motion, waive his right to appear and ask to be sentenced in absentia on the violation. I don't know how much time the judge in Oregon could sentence him to on the VOP since I don't know what his crime was in Oregon. I also don't know if the court would run it concurrent. Again, you'd need to take that up with an Oregon lawyer.

I have looked at the criminal procedure law in Oregon relating to violations of probation and do not see anything that would require Oregon to dismiss the VOP if an incarcerated defendant requested sentencing and it wasn't granted within a specific time.