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I just wanted to know if someone was on Post Prison

Customer Question
I just wanted to...

I just wanted to know if someone was on Post Prison Supervision and does Prison time does his Post Prison Supervision get terminated. The ORS 144.345 states that it should be terminated and the person shouldnt be in jail.

Lawyer's Assistant: In what state did this occur?

Prison time was in Sterling Co. and the post prison supervision was in Oregon

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 day by:
11/23/2017
Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago
WiseOwl58
WiseOwl58, Law Professor
Category: Criminal Law
Satisfied Customers: 4,563
Experience: Real Estate Lawyer and Broker
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Under Oregon law, he would get credit for time served and there would be no requirement or post supervision. Accordingly, the post supervision would be terminated under Oregon law. Otherwise, it would be a violation of his civil rights.

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Customer reply replied 7 months ago

He's been sitting in jail since Oct. 13, 2017 and has to do 180 days. The Sheriff hasn't talked to him or anything if u want more info feel free to call the Baker City County Jail and ask for xxxxxxx. What can I do to get him out?

Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago

Under the speedy trial act, they have to either bring him to trial or release him after 30 days. I suggest that you get a criminal lawyer to handle the matter, and if you can't afford a lawyer you can either go to the public defender in Sterling County or ask the court to appoint a lawyer.

My recommendation is the public defender. They are usually pretty good and will not charge anything.

Public Defender Services contact information:

Office of Public Defense Services,*****, NE, Salem, OR###-##-#### Or call(###) ###-####

Some people who are compelled by the government (rather than a private person or entity) to appear in court are entitled to have attorneys appointed to represent them at government expense, in whole or in part. Examples of situations where people are compelled by the government to appear in court are:

  • criminal, probation violation and contempt proceedings (where there is a possibility that the person will be sentenced to serve time in jail);
  • civil commitment proceedings (where the person may be involuntarily committed for mental health treatment);
  • dependency (abuse & neglect) and termination of parental rights juvenile court proceedings (for some parents and some children who are the subject of these proceedings); and
  • juvenile delinquency proceedings in instances where the juvenile is alleged to have committed an act that would be a crime if the juvenile were an adult.

If a person is involved in any of these types of court cases and determined by the court to be financially eligible, he or she will be provided with legal representation by an attorney who is appointed by the court and paid from state or local government funds. If the person’s case is in a municipal or justice (county) court, the city or county is responsible for appointing and paying the attorney. If the case is in a state circuit court, the state is responsible for appointing and paying the attorney.

In addition, people who are incarcerated and who file petitions for a writ of habeas corpus and people who file petitions for post-conviction relief from a criminal conviction are entitled to appointed counsel if they are financially eligible. A person who wishes to file an appeal from any case that originally qualified for public defense representation, may be eligible to have the state Office of Public Defense Services or a public defender represent them on appeal.

Someone is financially eligible to have an attorney appointed to represent him or her if a judge determines that hiring an attorney would cause a “substantial financial hardship” for the individual in providing basic economic necessities for the person and his or her dependents. An individual must apply for court-appointed counsel by completing a detailed financial statement and agreeing to provide documentation concerning income, assets and debts for the person and the person’s spouse, if any. This information generally is provided to a court employee who reviews the financial information and makes a recommendation to the judge whether or not the person is eligible for government-paid counsel.

If someone is determined to be eligible, the court may still require that person to pay some amount toward the cost of court-appointed counsel. In addition, anyone who applies for court-appointed counsel may be charged a modest “application fee,” if their financial situation allows the payment of such a fee. In criminal cases where a person is convicted, a defendant who has been provided with court-appointed counsel can be sentenced by the judge to “repay” all or part of the costs of public defense representation, but only if the judge determines the person has the financial ability to make such a repayment. Anyone who receives court-appointed counsel can be ordered to repay all or part of the costs of public defense representation, but only if the judge determines the person has the financial ability to make such a repayment.

Public defense attorneys represent their clients just as privately hired attorneys do. These attorneys have an ethical responsibility to work for the best possible resolution of the case for the client. As with privately hired attorneys, all dealings between a court-appointed attorney and the client are confidential. Attorneys who provide public defense representation, at least in state circuit court cases, are not only subject to the Oregon State Bar’s ethical requirements that govern all lawyers, but must also meet qualification standards that have been established for public defense representation. These attorneys represent their clients — not the government.

Public defense attorneys are also entitled to have non-attorney services, such as investigator, interpreter and expert witness services, paid for by the government if these services are determined to be reasonable and necessary for the attorney’s representation.

Individuals who are determined to be eligible for court-appointed counsel do not have the right to choose who their attorney will be. However, they do have the right to have competent legal representation.

Questions concerning public defense representation in state courts may be submitted to the Office of Public Defense Services,*****, NE, Salem, OR###-##-#### Or call(###) ###-####

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

Ask Your Own Criminal Law Question
Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago

Please rate 4 or 5 stars and close out the question. A bonus is very much appreciated after you rate. Good luck to you. I wish you all the best.

Ask Your Own Criminal Law Question
Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago

Please rate the answer by clicking on 4 or 5 stars and close out the question.

A bonus is very much appreciated after you rate the answer.

Good luck to you. I wish you all the best.

Ask Your Own Criminal Law Question
Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago

Please rate the answer by clicking on 4 or 5 stars and close out the question.

A bonus is very much appreciated after you rate the answer.

Good luck to you. I wish you all the best.

Ask Your Own Criminal Law Question
Criminal Lawyer: WiseOwl58, Law Professor replied 7 months ago

Please click on 4 or 5 stars to rate the answer and close out the question.

A bonus is most appreciated after you rate the answer.

Good luck to you. I wish you all the best.

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