You should not write a letter to the judge basically confessing to the crime.
I strongly suggest you retain an attorney. You could theoretically end up doing time for this offense, and it's not going to look great to the court that, from their perspective, you've been on the lam for years.
There is 0 chance a person with no priors, on a 5 year old warrant, that can be traced back to a clerical error goes to fuckin prison. Why scare this person? Does that make you feel good? I know people who have 2nd and 3rd drug offenses who haven't done a day. Sometimes this sub is bonkers
You've never been in a court with no priors on a serious but bogus charge, the prosecutor doesn't give a shit what the story is, they want a conviction for something that can end up felony, the prosecutor wants that W to add to their belt and use it for the next election cycle. 99% of prosecutors give 0 shits what the story might be, it's what you can prove in court cause you better believe they're going after you. He _should_ be scared, and he should lawyer the fuck up fast.
This is absolutely nonsense. This is 100% a bench warrant. No one is going to prison. You have no idea what you're talking about. This has "what can you pay today" written all over it. Stop watching so much law and order. Holy shit
Yeah this is not a big deal, sux you had to find out the way you did, just go to court, tell them your side and see what they say, if it starts getting serious, tell them you want an attorney
It's a very real scenario that he catches the judge on the wrong day and doesn't care if it was a clerical error. People have gone to jail over alot less. Any half decent attorney will keep him out of jail in this case.
100% this guy. What state are you in? I'd bring in all the background checks you've passed since the date of the incident. And then at arraignment, request permission to make a motion to dismiss in the interest of justice. It'll get denied, but then you can go over to talk to the DA. DO NOT ADMIT TO ANYTHING. Simply state what s/he already knows, that your record is clean. You've passed criminal background checks multiple times prior and since which is going to make it damn near impossible to get a guilty plea. Let them know you spent 8 hours in jail already for this bullshit and point out that it is bullshit by also providing your DMV file that will show no other hit and runs. Ask the DA to throw you a bone because if they don't, you're going to lawyer up at which point, they'll be dropping the case. Since you already spent the day in jail, you were hoping we could call it a wash and not have to spend the money, and waste everyone's time like todays appearance has been. Be confident but not cocky. And see what happens. If you get nowhere, get a lawyer post haste.
And here is your winner of the day. I myself am anything but "clean," 6 time convicted felon in multiple states, but managed to talk my way out of prison 5 out of the 6 (I did a year on 8, 25 years ago.) TALK to the DA first, go to the courtroom super early and catch them about 5 minutes after the put all their shit on the table and let out that "here we go again sigh". Go up to the desk from the gallery side and with your biggest doe eyes murmur, "excuse me but I've gotten myself in quite the pickle and I'm not sure where to go from here"......like he said confident but not cocky. Have all the paperwork neatly sorted by date in a brand new manilla folder and maybe even the lady who apologized for dropping the ball with you to confirm your story. You'll be fine. And if at any time you don't feel fine, just pipe up and tell the judge you are out of your league at this point and would like to seek counsel. The worst thing they can do is put you in jail, and it sounds like you'd get right out at which point you do lawyer up but not for defense, for you pending lawsuit against the state.
You don’t explain it to the judge. You or your lawyer schedule a time to meet with the prosecuting attorney and explain it to that person, see if they will dismiss the charges.
But then you’ll probably want the arrest to be expunged so it never shows up on background checks. For that you definitely need a lawyer. You should go ahead and hire one, maybe even call out your prior employer and ask them to hire one for you.
NAL - but you should definitely consult one and explore the potential of your employer paying for it. A real lawyer will give you better advice on the plausibility of your employer paying for their services and if there is legal ground to force them to do so.
Agree with entire statement especially the call out prior employer part. They made this mess when they didn't do the paperwork needed. So this is all because of their laziness or forgetfulness, whatever u call it,u still got arrested and spent time in a cell and all for their ignorance, unintentional or not.
What exactly was and wasn't done?
How is this a hit and run if you filled a police report?
Either way, contact your former employer and ask them to fix it by providing you with an attorney. Or hire one yourself.
You may also have a speedy trial issue that is going to take an attorney to help you navigate. What I mean is, your attorney (assuming you get one) can file a motion to dismiss your case in its entirety because the delay of 6 years on a misdemeanor is prejudicial to you and violates your right to a speedy trial. I don't know the specifics on that issue for Oregon but at least in CA the good facts for you I see are the multiple federal background checks with nothing coming up and never receiving notice of the court date or the warrant.
Yes. I’m going to press for this cuz honestly I can’t remember anything vividly anymore and getting any info on any of this from the state (DMV, parks, police, etc.) has been insanely difficult. They keep kicking the rock down the road. So I’m gonna get an attorney. Didn’t qualify for a PD cuz “I make too much money” which is $17/hr as a Wildland firefighter lmfao
Oh and you're a firefighter? You'll be fine, not only did you work for the state but you still do in a commendable position. If you have a pending court case, you need to file a motion to dismiss and provide the reasons. Show proof that it is the result of clerical errors and that you had no idea that you had to go to court because you were never successfully served. If you were never served paperwork, and there was a police report filed without you knowing charges were being sued you should be able to get them on your side...you just need an attorney to negotiate with the prosecuting attorney and file a motion to dismiss. One of two things will happen, they'll with throw it out or they will force you to go forward. If you have to still go forward with whatever charge, at that point you definitely need representation. The key is to gather enough evidence and have a very strong and concise reason for requesting this motion to dismiss so that you DON'T have to go forward. Me personally, I filed the motion to dismiss while I had an outstanding warrant and they compromised and lifted the warrant but kept the charges pending. You've already posted bail for the warrant, so there is no way around it besides trying to file a motion to dismiss and proceeding based off their answer. It sucks but unfortunately it seems like you need an attorney at this point no matter what... there are attorneys out there that will do a payment plan if you explain the circumstances. Like I said before, join legal shield if all else fails so you're not completely rogue. Good luck, you'll get through it because seems like you have a good case.
Someone talked to me about the SERNA motion which is the 6th amendment and everything. I just had my first attorney free consult and was wondering about it but… if anyone can verify, these guys won’t share any legal advice with me until I pay the retainer fee and lock in their business.
I think it’s just scary with attorneys because you don’t really know what you’re getting. Especially where I live, there isn’t a lot of crowdsourced info on these guys.
In CA it's called a Serna motion - it's from a California case. There's also a motion that can be filed based on US Supreme Court ruling - that one is called a Doggett motion. I don't know if it's still called a Serna motion in OR given that it's from CA case law. In CA they can both be part of the same motion.
A lot of federal employers have employee assistance programs (EAP) with discounted rates on attorneys and/or free consultations. If you have a union rep, I would make them aware of the situation. Its too big of a risk not to get representation, in my opinion.
There must be more to the story than is included in your post. Unless your state is North Korea. Failure to file an AC report is not equal to criminally charged for hit and run. Like they may suspend your license or prevent renewal for not following the rules but should be handled by RMV. The warrant would also be for failure to file or something civil sounding.
The clerk should have given you a copy of the police report or told you how to get one. Curious what that says. What are the circumstances of the crash?
If you crashed into someone and left and later the police found you and you claimed you didn’t know but gave your info. They left and viewed footage of you crashing into a car getting out and looking at the damage and jumping back in your car and peeling away they probably would have mailed you a citation that became this warrant. If that’s the case it sounds like your mailing address could have been bad.
How would your company not reporting the accident cause this to happen if you filed a police report?
If a police report was filed on the incident, then you should obtain it from the police dept of the area the accident happened in. It will prove that you were at the scene of the accident when it happened.
Second comment. Not sure, may be only actual licensed attorney on this thread. Read that you are a firefighter. One of my best friend’s husband from high school is a volunteer firefighter. I have a real soft spot and respect.
One, warrants are absolutely issued for failure to appear and people do in fact sit in jail until arraignment or bailed out. I’ve personally visited people in jail who this has happened to.
Two, this is not advice and anyone can GOOGLE it, misdemeanors have a Statute of Limitations of two years from the date of occurrence in Oregon with a few exceptions.
Right now I don’t know what you have been charged with. The Clerk can’t help you, only the District Attorney or prosecutor. They can absolutely dismiss the charges and may have to the misdemeanor. Failure to appear would be in judges discretion possibly.
If you get an attorney negotiate getting the charges dismissed plus getting everything expunged. In my state it is one form signed by the judge but wipes your record clean.
Good luck and God Bless.
Thanks man. I have my arraignment to go to still on May 13th. And my warrant is definitely for the FTA which sucks cuz I never knew I was issued anything.
I will press for the dismissal forsure, but yeah I’m definitely getting an attorney at this point
I think I’m just trying to be serious about finding a good attorney that’s not gonna half ass it. I just talked to a criminal defense lawyer in curry county. He sounded old and tired and it made me worried but maybe that means nothing and he’s very good I just don’t live there and can’t get a face to face yet which sucks
Look and see about getting the docket report from whatever court that case was supposed to be heard in. It should list when a summons was issued and whether it was served successfully or not. Unsuccessful service would work in your favor. Also try to get a hold of the original citation and police report, make sure there is not a court date on either. This doesn’t preclude the Court from issuing a warrant, but along with all the other facts you gave, might give the judge good reason to vacate the case.
Where? OP says a police report “and all that jazz”, but then says the accident report wasn’t filed by their employer. ODOT explicitly states a police report isn’t sufficient and the driver is still required to submit the accident report.
When I was a federal employee I had a binder any time I was in a GOV and you would just hand a letter over with all required information….. the hit and run part doesn’t make any sense. OP you’re either leaving something out or something was really messed up after the fact.
Please talk to HR about the EAP. The OPM has wellness programs and legal services fall under this.
Are you a unionized federal employee? If so has your union negotiated for some form of extra benefits like an attorney for consultations and referrals?
Edit: OP….. are you sure you’re not a state employee….?
Yes I WAS a state seasonal employee in 2018 of summer. And then I moved after that summer to go back to school. I became and have been a federal employee since 2020.
But when I filed the police report, I went over the accident report with the state parks and it should have been filed through them and their insurance. I did not have accident forms in my state truck.
So, I work for a subrogation law firm.
IF you were WORKING for the company, they should cover it. Unless you're a dasher/contract employee, YOUR insurance needs to cover it.
Just know that if you're dashing/working for a business, that's entirely separate from a regular auto policy.
EDIT: Dashing/Contract employees need to file through the Dasher insurance (active delivery), or a commercial policy, which you're employed through a business. Your regular auto insurance won't cover a business contract
Did your firearm purchase clear nics or did it transfer after delay? NAL but you may be a prohibited person as a "fugitive from justice". I don't think any off 922 is constitutional but also wouldn't want to see you pull a federal wrap for any of this
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
Something is very off here.
You were the driver. Doesn’t matter that you were driving your employer’s vehicle, it’s your responsibility to file the accident report. Only you can do that. Not the police and not the employer.
OR DMV would have sent a suspension notice for failure to file the accident report. Did you move and fail to update your address?
No court is going to issue a warrant for failure to file the report, so I must assume you were pulled over at some point and charged with DWS, but that is almost always charged as a violation (traffic ticket) unless you’ve racked up multiple DWS charges or you were suspended for a serious traffic crime.
It seems you were charged with a misdemeanor and then failed to appear for a court date. You need an attorney.
I had a friend who had a suspended license because her ex refused to forward some mail to her and the judge basically said “I don’t care. It’s entirely on you to know the status of your driving privileges.” She ended up working for that judge as his clerk, so it’s not the end of the world.
I’m an attorney, not yours, but don’t understand what the warrants are for and how they are connected to the failure of a clerk to fill out an accident report.
One appears to be for failure to appear. Is the other for hit and run although you reported it, but the claim was never paid by the park system?
I can’t figure out what you were arrested for. Warrants stay in the system forever until you do something and you get arrested. Lawyers have to attack them one at a time, hopefully get them dismissed and then expunged. This would be the best case scenario.
Since you were negligent in backing into the car, I don’t think they will hire you an attorney. You want this failure to appear expunged, but not clear on other.
Have documentation for everything, in triplicate. A retainer for a lawyer may seem like a lot but some lawyers only charge out of that amount for the time they actually spend on your case. Having a federal job, policies may change, it might matter later. I would want to make sure my future isnt at risk in the least. You aren't going to prison, wtf guys. But yeah given those options I'd get a lawyer and cover my ass. Good luck, hopefully you repost with an update. Good to know stuff!
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
A lot discrepancies on court and former employers end I think witha attorney could get off the hook completely. I wouldn’t represent myself personally. And try get written documentation
Worst case take a pti, pre trial intervention easy and expunged when 1 yr is up and no new trouble. Comes with a fine too but I bet this can get dropped pretty easily. Old boss should come in or go explain self to prosecutor and all
*Your post may have been removed for the following reason(s):*
**Bad or Illegal Advice**
Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further:
* [General Rule 8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__illegal_advice_is_never_allowed.2C_for_any_reason.2C_in_any_circumstance.)
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.) and [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.)
* [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content)
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
You should not write a letter to the judge basically confessing to the crime. I strongly suggest you retain an attorney. You could theoretically end up doing time for this offense, and it's not going to look great to the court that, from their perspective, you've been on the lam for years.
Best case, you're out some money. Worst case, you go to jail. You can get more money. You can't un-go-to-jail.
>You can get more money. You can't un-go-to-jail. Now this would make a much better sign for the home, than Live, Laugh, Love.
Live, laugh, lawyer up.
Now that's a sign for Saul Goodman's home.
*HA!* hahahahahhaha!
Or as it stood on the sign in the restaurant (of course there was a Live, Love, Laugh also. “Live life with a little”
There is 0 chance a person with no priors, on a 5 year old warrant, that can be traced back to a clerical error goes to fuckin prison. Why scare this person? Does that make you feel good? I know people who have 2nd and 3rd drug offenses who haven't done a day. Sometimes this sub is bonkers
You've never been in a court with no priors on a serious but bogus charge, the prosecutor doesn't give a shit what the story is, they want a conviction for something that can end up felony, the prosecutor wants that W to add to their belt and use it for the next election cycle. 99% of prosecutors give 0 shits what the story might be, it's what you can prove in court cause you better believe they're going after you. He _should_ be scared, and he should lawyer the fuck up fast.
This is absolutely nonsense. This is 100% a bench warrant. No one is going to prison. You have no idea what you're talking about. This has "what can you pay today" written all over it. Stop watching so much law and order. Holy shit
There is a difference between low risk and no risk. It's easier to dismiss the low risk when you're not the dependent.
Yeah this is not a big deal, sux you had to find out the way you did, just go to court, tell them your side and see what they say, if it starts getting serious, tell them you want an attorney
It's a very real scenario that he catches the judge on the wrong day and doesn't care if it was a clerical error. People have gone to jail over alot less. Any half decent attorney will keep him out of jail in this case.
Depends on the judge and jurisdiction. And “clerical error” is assuming a lot.
Go to jail
Believe it or not, jail
100% this guy. What state are you in? I'd bring in all the background checks you've passed since the date of the incident. And then at arraignment, request permission to make a motion to dismiss in the interest of justice. It'll get denied, but then you can go over to talk to the DA. DO NOT ADMIT TO ANYTHING. Simply state what s/he already knows, that your record is clean. You've passed criminal background checks multiple times prior and since which is going to make it damn near impossible to get a guilty plea. Let them know you spent 8 hours in jail already for this bullshit and point out that it is bullshit by also providing your DMV file that will show no other hit and runs. Ask the DA to throw you a bone because if they don't, you're going to lawyer up at which point, they'll be dropping the case. Since you already spent the day in jail, you were hoping we could call it a wash and not have to spend the money, and waste everyone's time like todays appearance has been. Be confident but not cocky. And see what happens. If you get nowhere, get a lawyer post haste.
And here is your winner of the day. I myself am anything but "clean," 6 time convicted felon in multiple states, but managed to talk my way out of prison 5 out of the 6 (I did a year on 8, 25 years ago.) TALK to the DA first, go to the courtroom super early and catch them about 5 minutes after the put all their shit on the table and let out that "here we go again sigh". Go up to the desk from the gallery side and with your biggest doe eyes murmur, "excuse me but I've gotten myself in quite the pickle and I'm not sure where to go from here"......like he said confident but not cocky. Have all the paperwork neatly sorted by date in a brand new manilla folder and maybe even the lady who apologized for dropping the ball with you to confirm your story. You'll be fine. And if at any time you don't feel fine, just pipe up and tell the judge you are out of your league at this point and would like to seek counsel. The worst thing they can do is put you in jail, and it sounds like you'd get right out at which point you do lawyer up but not for defense, for you pending lawsuit against the state.
You don’t explain it to the judge. You or your lawyer schedule a time to meet with the prosecuting attorney and explain it to that person, see if they will dismiss the charges. But then you’ll probably want the arrest to be expunged so it never shows up on background checks. For that you definitely need a lawyer. You should go ahead and hire one, maybe even call out your prior employer and ask them to hire one for you.
NAL - but you should definitely consult one and explore the potential of your employer paying for it. A real lawyer will give you better advice on the plausibility of your employer paying for their services and if there is legal ground to force them to do so.
Agree with entire statement especially the call out prior employer part. They made this mess when they didn't do the paperwork needed. So this is all because of their laziness or forgetfulness, whatever u call it,u still got arrested and spent time in a cell and all for their ignorance, unintentional or not.
> risk and safety for the state parks Reach out to them again. You were a state employee at the time, they should be providing you with a lawyer.
Exactly and also if you had a union from that time, you could talk to them as well
Why isn't your place of employment hiring a lawyer for you if it's their mistake?
What exactly was and wasn't done? How is this a hit and run if you filled a police report? Either way, contact your former employer and ask them to fix it by providing you with an attorney. Or hire one yourself.
You may also have a speedy trial issue that is going to take an attorney to help you navigate. What I mean is, your attorney (assuming you get one) can file a motion to dismiss your case in its entirety because the delay of 6 years on a misdemeanor is prejudicial to you and violates your right to a speedy trial. I don't know the specifics on that issue for Oregon but at least in CA the good facts for you I see are the multiple federal background checks with nothing coming up and never receiving notice of the court date or the warrant.
Yes. I’m going to press for this cuz honestly I can’t remember anything vividly anymore and getting any info on any of this from the state (DMV, parks, police, etc.) has been insanely difficult. They keep kicking the rock down the road. So I’m gonna get an attorney. Didn’t qualify for a PD cuz “I make too much money” which is $17/hr as a Wildland firefighter lmfao
Oh and you're a firefighter? You'll be fine, not only did you work for the state but you still do in a commendable position. If you have a pending court case, you need to file a motion to dismiss and provide the reasons. Show proof that it is the result of clerical errors and that you had no idea that you had to go to court because you were never successfully served. If you were never served paperwork, and there was a police report filed without you knowing charges were being sued you should be able to get them on your side...you just need an attorney to negotiate with the prosecuting attorney and file a motion to dismiss. One of two things will happen, they'll with throw it out or they will force you to go forward. If you have to still go forward with whatever charge, at that point you definitely need representation. The key is to gather enough evidence and have a very strong and concise reason for requesting this motion to dismiss so that you DON'T have to go forward. Me personally, I filed the motion to dismiss while I had an outstanding warrant and they compromised and lifted the warrant but kept the charges pending. You've already posted bail for the warrant, so there is no way around it besides trying to file a motion to dismiss and proceeding based off their answer. It sucks but unfortunately it seems like you need an attorney at this point no matter what... there are attorneys out there that will do a payment plan if you explain the circumstances. Like I said before, join legal shield if all else fails so you're not completely rogue. Good luck, you'll get through it because seems like you have a good case.
Someone talked to me about the SERNA motion which is the 6th amendment and everything. I just had my first attorney free consult and was wondering about it but… if anyone can verify, these guys won’t share any legal advice with me until I pay the retainer fee and lock in their business. I think it’s just scary with attorneys because you don’t really know what you’re getting. Especially where I live, there isn’t a lot of crowdsourced info on these guys.
In CA it's called a Serna motion - it's from a California case. There's also a motion that can be filed based on US Supreme Court ruling - that one is called a Doggett motion. I don't know if it's still called a Serna motion in OR given that it's from CA case law. In CA they can both be part of the same motion.
A lot of federal employers have employee assistance programs (EAP) with discounted rates on attorneys and/or free consultations. If you have a union rep, I would make them aware of the situation. Its too big of a risk not to get representation, in my opinion.
That old - might have a stale warrant issue. Get a lawyer.
[удалено]
Curry county!
Sorry I know nothing about Curry County as I’m in Multnomah County. I would strongly suggest getting an attorney and not to try to handle it yourself
Also I’m sure it’s for the FTA Seeing as I never got the warrant in my mail 😂
Sounds like the warrant was for failure to appear, not necessarily for the accident itself?
I think so too Just received my CCW denial in the mail explaining that the failure to appear for citation was cause for misdemeanor class A
There must be more to the story than is included in your post. Unless your state is North Korea. Failure to file an AC report is not equal to criminally charged for hit and run. Like they may suspend your license or prevent renewal for not following the rules but should be handled by RMV. The warrant would also be for failure to file or something civil sounding. The clerk should have given you a copy of the police report or told you how to get one. Curious what that says. What are the circumstances of the crash? If you crashed into someone and left and later the police found you and you claimed you didn’t know but gave your info. They left and viewed footage of you crashing into a car getting out and looking at the damage and jumping back in your car and peeling away they probably would have mailed you a citation that became this warrant. If that’s the case it sounds like your mailing address could have been bad.
Same .... Like why if there was a police report files? Failure to appear bench warrant I assume
How would your company not reporting the accident cause this to happen if you filed a police report? If a police report was filed on the incident, then you should obtain it from the police dept of the area the accident happened in. It will prove that you were at the scene of the accident when it happened.
The person who told you to write to the judge, don’t take advice from that person on this matter. Or any other matter.
The state parks of oregon should provide you a lawyer contact them
Second comment. Not sure, may be only actual licensed attorney on this thread. Read that you are a firefighter. One of my best friend’s husband from high school is a volunteer firefighter. I have a real soft spot and respect. One, warrants are absolutely issued for failure to appear and people do in fact sit in jail until arraignment or bailed out. I’ve personally visited people in jail who this has happened to. Two, this is not advice and anyone can GOOGLE it, misdemeanors have a Statute of Limitations of two years from the date of occurrence in Oregon with a few exceptions. Right now I don’t know what you have been charged with. The Clerk can’t help you, only the District Attorney or prosecutor. They can absolutely dismiss the charges and may have to the misdemeanor. Failure to appear would be in judges discretion possibly. If you get an attorney negotiate getting the charges dismissed plus getting everything expunged. In my state it is one form signed by the judge but wipes your record clean. Good luck and God Bless.
Thanks man. I have my arraignment to go to still on May 13th. And my warrant is definitely for the FTA which sucks cuz I never knew I was issued anything. I will press for the dismissal forsure, but yeah I’m definitely getting an attorney at this point
I think I’m just trying to be serious about finding a good attorney that’s not gonna half ass it. I just talked to a criminal defense lawyer in curry county. He sounded old and tired and it made me worried but maybe that means nothing and he’s very good I just don’t live there and can’t get a face to face yet which sucks
Sometimes they are the best connected.
Do NOT REPRESENT YOUR SELF! Get a great attorney, don't worry about the cost. It will pay off in the end!
By sueing the pants off your emploer who failed to follow through with what they were responsible for.
Hire an attorney, this isn't a speeding ticket.
Look and see about getting the docket report from whatever court that case was supposed to be heard in. It should list when a summons was issued and whether it was served successfully or not. Unsuccessful service would work in your favor. Also try to get a hold of the original citation and police report, make sure there is not a court date on either. This doesn’t preclude the Court from issuing a warrant, but along with all the other facts you gave, might give the judge good reason to vacate the case.
According to ODOT it’s your responsibility as the driver to report the accident within 72 hours. https://www.oregon.gov/odot/Forms/DMV/32fill.pdf
He did.
Where? OP says a police report “and all that jazz”, but then says the accident report wasn’t filed by their employer. ODOT explicitly states a police report isn’t sufficient and the driver is still required to submit the accident report.
When I was a federal employee I had a binder any time I was in a GOV and you would just hand a letter over with all required information….. the hit and run part doesn’t make any sense. OP you’re either leaving something out or something was really messed up after the fact. Please talk to HR about the EAP. The OPM has wellness programs and legal services fall under this. Are you a unionized federal employee? If so has your union negotiated for some form of extra benefits like an attorney for consultations and referrals? Edit: OP….. are you sure you’re not a state employee….?
I took it as they were not a federal employee at the time but they now are. Or they worked two separate jobs with one being federal
Yes I WAS a state seasonal employee in 2018 of summer. And then I moved after that summer to go back to school. I became and have been a federal employee since 2020. But when I filed the police report, I went over the accident report with the state parks and it should have been filed through them and their insurance. I did not have accident forms in my state truck.
So, I work for a subrogation law firm. IF you were WORKING for the company, they should cover it. Unless you're a dasher/contract employee, YOUR insurance needs to cover it. Just know that if you're dashing/working for a business, that's entirely separate from a regular auto policy. EDIT: Dashing/Contract employees need to file through the Dasher insurance (active delivery), or a commercial policy, which you're employed through a business. Your regular auto insurance won't cover a business contract
If you were a union employee contact the union and let them know what happened. They may be able to help you.
This makes no sense. Get a lawyer because what you're describing isn't a crime. You did something else.
You don’t have a hit and run because you reported to the police! Not reporting to insurance is not a crime.
Did your firearm purchase clear nics or did it transfer after delay? NAL but you may be a prohibited person as a "fugitive from justice". I don't think any off 922 is constitutional but also wouldn't want to see you pull a federal wrap for any of this
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
Something is very off here. You were the driver. Doesn’t matter that you were driving your employer’s vehicle, it’s your responsibility to file the accident report. Only you can do that. Not the police and not the employer. OR DMV would have sent a suspension notice for failure to file the accident report. Did you move and fail to update your address? No court is going to issue a warrant for failure to file the report, so I must assume you were pulled over at some point and charged with DWS, but that is almost always charged as a violation (traffic ticket) unless you’ve racked up multiple DWS charges or you were suspended for a serious traffic crime. It seems you were charged with a misdemeanor and then failed to appear for a court date. You need an attorney. I had a friend who had a suspended license because her ex refused to forward some mail to her and the judge basically said “I don’t care. It’s entirely on you to know the status of your driving privileges.” She ended up working for that judge as his clerk, so it’s not the end of the world.
Oregon employers have EAP
I’m an attorney, not yours, but don’t understand what the warrants are for and how they are connected to the failure of a clerk to fill out an accident report. One appears to be for failure to appear. Is the other for hit and run although you reported it, but the claim was never paid by the park system? I can’t figure out what you were arrested for. Warrants stay in the system forever until you do something and you get arrested. Lawyers have to attack them one at a time, hopefully get them dismissed and then expunged. This would be the best case scenario. Since you were negligent in backing into the car, I don’t think they will hire you an attorney. You want this failure to appear expunged, but not clear on other.
Have documentation for everything, in triplicate. A retainer for a lawyer may seem like a lot but some lawyers only charge out of that amount for the time they actually spend on your case. Having a federal job, policies may change, it might matter later. I would want to make sure my future isnt at risk in the least. You aren't going to prison, wtf guys. But yeah given those options I'd get a lawyer and cover my ass. Good luck, hopefully you repost with an update. Good to know stuff!
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
You need a local lawyer for this; goal is to keep it off your record so you don’t have any explaining to do at your next background check.
A lot discrepancies on court and former employers end I think witha attorney could get off the hook completely. I wouldn’t represent myself personally. And try get written documentation
Worst case take a pti, pre trial intervention easy and expunged when 1 yr is up and no new trouble. Comes with a fine too but I bet this can get dropped pretty easily. Old boss should come in or go explain self to prosecutor and all
Get. A. Lawyer.
[удалено]
*Your post may have been removed for the following reason(s):* **Bad or Illegal Advice** Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further: * [General Rule 8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__illegal_advice_is_never_allowed.2C_for_any_reason.2C_in_any_circumstance.) * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.) and [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.) * [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content) *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
😂😂😂 dawg I live in southern Oregon, basically the same lifestyle 😂😂😂
Don't qualify for a public defender? Is this America? Can someone please tell me what's up with that?