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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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WE ARRANGED FOR OUR ADULT SON TO RETURN HOME (PORTLAND,ORE.)

Customer Question

WE ARRANGED FOR OUR ADULT SON TO RETURN HOME (PORTLAND,ORE.) FROM PALM SPRINGS, CALIF. AS HE HAD A RETURN OF A DRUG ADDICTION THUS BECOMING HOMELESS THERE. FOR AT LEAST 2 YRS. HE SAID HE HAD TO STAY THERE DUE TO A DUI TICKET. WE FINALLY SAID THAT WE WANTED HIM TO COME HOME WHERE HE'D HAVE SUPPORT FROM THE PROGRAMS HERE & A LOVING FAMILY. TO BE MORE CONCISE HE'S BEEN DOING THE RIGHT THINGS: DAILY MEETINGS; GETTING A STATE I.D.; FOOD STAMPS; WAITING FOR WEEKS TO GET INTO A MODEL PROGRAM FOR THE HOMELESS & AID FOR HOUSING. HE WAS TOLD MONDAY THAT HE HAD TO RETURN TO CALIF. TO GET RID OF HIS LE GAL PROBLEMS.

WHEN IN CALIF. HE STARTED THE COMMUNITY SERVICE & SEVERAL OF THE CLASSES, ETC. BUT DIDN'T FINISH THEM. THE FINES KEPT INCREASING. IN OREGON HE'S NOT ELIGIBLE FOR ANY OF THE CITY/COUNTY FINANCIAL SERVICES. HELP!.
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Dear XXXXX, My name is XXXXX XXXXX my goal is to provide you with Excellent Service, I read through your facts, but did not see a question,

 

What question may I Answer for you this evening ?

 

 

I look forward to your reply and to assisting you,

Customer: replied 4 years ago.

MY QUESTION IS: WHAT ADVICE AND HELP IS AVAILABLE FOR HIM? RETURNING TO CALIF. IS NOT POSSIBLE; HE'S TRYING SO HARD TO TURN HIS LIFE AROUND IN PORTLAND!

Customer: replied 4 years ago.
Relist: Answer came too late.
it's 8:20 p,m, daylight time. we have an engagement so have to leave for n hour or so. but we still need an answer!
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your post. I sent a response to the professonal that was assisting you. If she does not respond or reply to you within the next 30 minutes, I will provide you with my own response. Would that suffice?
Expert:  Andrea, Esq. replied 4 years ago.

I apologize, it appears that you did not receive my second request for information in which I asked if your son is still on probation in California. The site has been experiencing some technical difficulties and our requests for information and our Answers to customers are being lost when we attempt to send them. Again, please accept my apologies,

 

I understand your son's situation completely because I do criminal defense in my practice and there are a multitude of times where I have successfully convinced a Judge to place my client in rehab so that he or she can get the help they need, rather than sentence them to jail where they will receive nothing. I also understand that in drug and alcohol addiction cases it is very important to have love and support around you during this very difficult time.

 

If your son is still on probation in California, he can ask the lawyer who represented him to have his case and the probationary period transferred to Oregon where he will have his family's support and he will report to a Probation Officer assigned to his case when his case is transferred to Oregon.

 

I wish to God I could tell you otherwise, but if he has not finished and wound up his legal obligations in California and he fails to return to California, then the California Court having jurisdiction over his case will issue a bench Warrant for his Arrest and when he is found in Oregon, will ask that Oregon extradite him to California. This will compound his legal problems in California because once he is brought back to California, he will be placed in jail.

 

The best thing that you can do for your son if you want to help him is return with him to California, speak to either his Probation Officer, if he has one, or to the Attorney who represented him and have him present the circumstances to the Judge assigned to his case - present the Judge with what your son has done to turn his life around, going to NA/AA meetings every day, and all the other positive steps which your son has taken to turn his life around - and ask that his entire case be transferred to Oregon so that your son can complete his Community Service and all other requirements in Oregon, rather than California.

 

I completely understand your concern and your willingness to help your son stay on the straight and narrow, but you cannot ignore the requirements set by California. You can have everything transferred to Oregon, but it must be done through Court Order.

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am kindly requesting that you not hold the law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Customer: replied 4 years ago.

HI, ANDREA,


YOUR ADVICE IS HELPFUL. I WANT TO ASK MY SON A COUPLE OF QUESTIONS IN THE A.M.


ALSO, HOW CAN WE OBTAIN A COURT ORDER TO HAVE


EVERYTHING TRANSFERRED TO OREGON?


I WILL COMPLETE THIS IN THE MORNING. THANK YOU.

Expert:  Andrea, Esq. replied 4 years ago.

Hi, Thank you for understanding,

 

The Court Order must come from the California Superior Court for the County in which your son's DUI case was tried. The Attorney who represented your son must first file a Motion with the Court and a copy must be served on the Office of the District Attorney (Prosecutor) and your son's Probation Officer, if he has one.

 

Who represented your son? A private Attorney or an Attorney from the Public Defender's Office ?

 

It cannot be done long distance. It would be a good idea to contact your son's Attorney well before he goes to California to find out if an Arrest Warrant has been issued for your son, so that the Attorney and your son can go to Court first to get the Arrest Warrant lifted. Your son must give the Judge a very compelling reason for leaving California's jurisdiction without completing the requirements imposed on him by the Court (Community Service, etc.) and the reason must be acceptable to the Judge.

 

At the hearing on the Motion I mentioned above, your son can tell the Judge himself about the positive steps he has taken to turn his life around, (i.e., meetings, counseling, job corps, etc.). You can also accompany your son to Court and tell the Judge how you and the rest of the family are supporting your son's efforts and that you will be responsible for his completing in Oregon, all the requirements imposed by the California Court. If the Judge is satisfied, he will sign an Order which will transfer your son's file to Oregon where he can complete the requirements imposed by the original Judge in his case,

 

______________________________________________________________________

 

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am kindly requesting that you not hold the law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA