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Violation of Rights?


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#1 Girlonthemoon

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Posted 13 February 2013 - 01:25 PM

A 2 part question: Washington County, Oregon

1). If a person has a warrant for a parole violation (Not seeing her PO in 2 years) and turns herself in voluntarily when she finds out that the county has a warrant for her, do they need to read this individual their rights prior to the arrest and her going to jail?

2). This person has been sitting in county jail from time of booking and now going on 14 days without seeing anyone, No PO, no judge, nothing. She was never read her rights and didn't know she could have a public defender, and for that matter, has not been offered an opportunity to see one. How long do they have to send someone in there to figure out what's next? Apparently, there are many in this facility that are going on 30 days without seeing a judge and/or PO....They are just made to wait. Is this legal?

#2 adjusterjack

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Posted 13 February 2013 - 01:51 PM

A 2 part question: Washington County, Oregon

1). If a person has a warrant for a parole violation (Not seeing her PO in 2 years) and turns herself in voluntarily when she finds out that the county has a warrant for her, do they need to read this individual their rights prior to the arrest and her going to jail?


No.

Most people don't understand that the reading of the rights is necessary only when the authorities intend to use the arrestee's own statements against them at trial.

Anybody can be arrested, charged, tried, convicted and jailed without ever having to be asked any questions at all.

Besides, she in jail on a parole violation. So all that stuff is no longer relevant.

2). This person has been sitting in county jail from time of booking and now going on 14 days without seeing anyone, No PO, no judge, nothing. She was never read her rights and didn't know she could have a public defender, and for that matter, has not been offered an opportunity to see one. How long do they have to send someone in there to figure out what's next? Apparently, there are many in this facility that are going on 30 days without seeing a judge and/or PO....They are just made to wait. Is this legal?


Sure, it's legal.

Has she been living under a rock all her life to not know that she can have an attorney?

Especially after having already been tried and convicted of a crime.

All she's got to do is ask for one or ask a friend or relative to get her one.

Another thing.

She was jailed for a parole violation on something that she's already been convicted of. I doubt that she has the same rights to the things that an accused untried person has.

All the system has to do is throw her in jail to complete her original sentence.

That she turned herself in doesn't change that.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

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Posted 13 February 2013 - 02:16 PM

You may visit the Criminal Law Center and read Criminal Rights as a good resource to learn more about this topic.




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