My brother in law has to go to court in Oregon for probation violation. His original charge was Felony PCS METH. While on probation, he did not attempt to comply with any required elements. No drug class, not paying court fines, not attempting to look for work, had a couple of dirty urines, AND got a driving on suspended ticket while driving to his probation appointment. In January, he refused to go to his scheduled appointment, and had a warrant issued. He absconded for eight months before they arrested him. He has court in December. What do you think might happen to him?

Please! Really need help on this question ASAP! Please!

Hello m:


Please! Really need help on this question ASAP!Relax.. We all have lives to lead... Besides, he's gonna be in the slam for a while.. It doesn't sound like he can do probation, so I doubt they'll give him another chance.. Whatever the underlying suspended sentences was, is what he'll probably do in prison.

excon

Thank you. I am trying to relax. The deal is that I heard that the judge can only give 30 days for a violation in Oregon. And considering the jails are crowded, I assumed that they would just slap his hand so to speak. But, considering he has done nothing while on probation, and violating and absconding for so long, I guess the judge certainly won't allow him to get away with it.

I guess that was more of a question. Anyway, I am not familiar with Oregon laws so that is why I asked. The original charge was for Felony possession of Meth. And got 18 months probation. That includes the added probation that the judge put on for not paying fines. He only actually attended probation for a few months.

*****See the reason why I am stressing is because with my brother in law in jail, my husband won't be able to enable him, and hand him things on a.silver platter. The guy is just plain lazy and has not worked or attempted to work in over 6 years.***************

Hello again, m:
The deal is that I heard that the judge can only give 30 days for a violation in OregonNahhh. Ain't so.


And got 18 months probation. Nahhh.. He was sentenced to a period of YEARS that was SUSPENDED based on the successful completion of 18 months on probation.. Whatever that underlying sentence is, is what they'll make him do. It could be 5 years, for all you know.

excon

Hey, thanks so much for the information. I do feel better now, or at least more relaxed. I appreciate you help. You certainly are knowledgeable on these things!

I have been reading further on this issue, and apparently the Oregon courts supposedly can NOT give my brother in law more than 60 days in jail for violating all his terms of probation and for absconding for 8 months! Really? Or is that just what could happen. Help please! Anyone familiar with Oregon laws.

Hello again, m:

Link me to what you're reading.

excon

[Hi excon,

I tried to send a link, but didn't work. The website is: www.oregonlaw.org. Then I typed in probation violation. Many links for that are on the left.side. Also I looked under sanctions.

Thanks, let me know if I am reading all this information wrong. There is a lot. I really appreciate it!

QUOTE=excon;3585132]Hello again, m:

Link me to what you're reading.

excon[/QUOTE]

Hi excon,
Sorry computer is acting up. Don't know if you got last.post. The.website.is.oregonlaw.org - oregonlaw Resources and Information. This website is for sale! (http://www.oregonlaw.org). Typed in probation violation. Lots info on that. Also typed in sanctions. Please let me know if I am.wrong, lots of info... could be! Brother in laws original charge is for Felony Possession of meth.

I really appreciate it, thank you

Sorry for my spelling... ugh!

Hi excon,
I am sorry if I am.sending multiple messages. My computer is totally acting up. The website is oregonlaw.org - oregonlaw Resources and Information. This website is for sale! (http://www.oregonlaw.org). I typed in probation violation and up came many different laws regarding this. I also typed in sanctions. There is a lot of informatiom, so I could be wrong. As I said, not only did he NOT comply with anything while on probation but was also hiding for 8 months until he was arrested. Plus no drug classes or looking for work, dirty urines. Pretty much nothing. So just know I really apprecite your help, I really do. Thanks again!

Hello again, m:

I searched you link and found NOTHING about a max probation violation.. I searched others too, and STILL found nothing.

I could be wrong. But, I doubt it. Why would ANY state tie its hands by allowing a very, VERY short maximum sentence for probation violations??? I jut don't believe they would. Especially since you, yourself realize that he has MULTIPLE charges. This is MUCH different than just missing a meeting with your PO.

I'm gonna stand by my advice.

excon

Excon,
Thank you so much. I really.do appreciate it. Thanks for taking the time to look at the website. And for all your advice and.input.

Honestly in this situation you can look up anything that you want. What I know is they don't take felony meth lightly being that it is so widely used. Now it depends on the DA and judge. I would just get a defense attorney. If he can't afford one just get the public defender. The Public defender can tell him his options, unless you live in a mean bad corrupt town and they don't really want to help. And when it comes to meth they usually don't.

Well, to be perfectly honest, he isn't even attempting to get a lawyer. He jokes and says they are only going to give him 30 days. To make a long drawn out story short, he has sponged off everyone, doesn't care, has no ambition to get a job, or accept his mistakes and make something of his life. He is my brother in law and I care, but after him sitting on his butt at my house for eight months, and feeling sorry for himself I have to draw the line somewhere. Anyway, he doesn't want a lawyer, and just doesn't think anything will happen to him. He(just like I have done) needs to be reaponsible for his actions. And both my husband and I agree that for his brother, the best thing for him is structure. And yes, he was originally arrested for Felony possession of Meth. It wasn't a lot, but enough to make it a felony. I don't think the judge will let him get away with violating, absconding for so long and just not.complying. He did not get another charge while he was on the run... I just am hoping that it will be severe enough!
Thanks again for your advice and help, I just am trying to help everyone here. I do care about my family! Just the brother in law needs way more structure and help than what my husband and I can give him or want to at this point.

Ok, now my next question is, that when my brother goes to court in December, that is his.arraignment. Now since that is his arraignment, they.will schedule another court.date? If they do that will they send him to jail until his next.court date, considering he ran/obsconded for 8 months? I can.really use.some help on this one please.

Can anyone answer, who is familiar with Oregon courts. Sorry, just am trying to find out. Thanks

Hello again, m:

Can anyone answer, who is familar with Oregon courts.I'm as UNFAMILIAR with Oregon courts as I was when we started.. But, courts DON'T differ that much, and I haven't mislead you yet.

There's stuff you're not being told or you're not telling us. An arraignment happens when somebody is facing NEW charges.. It doesn't happen on a probation violation. So, I have NO idea what he's being charged with, so I couldn't tell you if he'll be granted bail.. What I CAN tell you is that even IF he's granted bail on whatever they're charging him with, he's going to have a probation detainer that will keep him in jail.

He IS in jail now, isn't he?

excon

No, I guess it isn't a arraignment. I was confused about that. He did not get arrested for anything while he was hiding out. By the way, really never thought you misleading me. As I said, his originial charge (which got him on probation in the first place was Felony possession of meth). While attending his probation appointments, he did NOT comply. He was told to get a job, he didn't. He was told to go to a drug class, he didn't. His probation was extended by the.courts because he never paid $20,000 of a fine. He got a couple of dirty urines, and got pull over and ticketed for driving on suspended on his way to his PO's office. He was supposed to go to a PO appointment back in January. He called and asked for a ride (it was sni

It was snowing and very slick, he was told no. He git mad and said he.isn't going... heck with probation. And absconded for the eight months until he was.caught and arrested. His warrant for his arrest was for violation of probation(felony possession of meth). He was in a different county and they released him to go to court on December 5th. Like I said, he hasn't complied with anything on or off probation!!

As I said, I don't think you are steering me wrong here. Honestly, I am tired of him feeling sorry for himself, and sitting and doing absolutley nothing. Sponging off my husband, and.just plain not being a man and deal with this. I don't wish jail on anyone really..been there. But, we all have to grow up and take charge. You can enable someone so much. Bothhis brother and i are believing that jail is the best. The brother hasn't even attemptrd to contact a lawyer. He threw his court papers on the floor and hasn't picked them up!

Hello again, m:

The court date he has is for his probation violation hearing. It's the only one he'll get. Like I said earlier, I don't think they'll let him out then. Clearly, they're not going to give him another chance at probation.. There's only one thing left. I think he'll go to prison.

excon

Thank you so much. I appreciate all your insight.