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I had a question about my diversion agreement in Oregon. I…

Customer Question
Hi there. I had...

Hi there. I had a question about my diversion agreement in Oregon. I had failed my first UA, this was back in January and a notion was filed to go to COurt in order to show cause. I have reason to believe it was a false positive. But do not have the money for a lawyer. I dont know what the process is in the order to show cuase and what i should do. I do not want to be kicked out of diversion

Lawyer's Assistant: Have you talked to an Oregon lawyer about this?

I havent yet, I just got news of this today and am seeking to contact a lawyer when they are open tomorrow.

Lawyer's Assistant: What steps have you taken so far?

I am attempting to contact a lawyer tomorrow. I am also wishing to speak with my diversion consouler, In addition wishing to contact Quality Research associates in my area

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe this is it.

Submitted: 3 months ago.Category: Criminal Law
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Answered in 5 hours by:
3/27/2018
Criminal Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 3 months ago

Thanks for your patience while I typed up my response!

The show cause hearing is where the prosecutor will try to prove to the judge that a violation of your diversion agreement did in fact occur.

The prosecutor is allowed to admit evidence, and call witness against you, and the burden of proof at a show cause hearing is much lower than at a criminal trial, which means that this hearing is not skewed in your favor.

The prosecutor will present evidence as to the positive UA, which is legally very convincing because it does constitute physical evidence of a violation.

So it is very important that you have a defense properly prepared. You will be given an opportunity to present your defense at the hearing.

You want to have any evidence prepared that may show why this was a false positive -- for example, doctor prescribed medicine that you were taking at the time, etc.

It is very important that you have proper legal representation at the show cause hearing, as a finding of guilt could result in revocation of the diversion program, jail time, extended probation time, and/or other consequences.

You may want to reconsider hiring an attorney for this hearing, or if you had a public defender initially then they should also be representing you at the show cause hearing.

If not, you can contact the Oregon State Bar and ask for a referral to a defense attorney in your area.

There are sometimes pro bono attorneys available that can take your case for free, so be sure to inquire about that as well.

The phone number is:

(503)(###) ###-####/strong>

I hope that helps!

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Criminal Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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