Would My Current Congestive Heart Failure Effect Sentencing

[Bobby Jones]

My question involves criminal law for : Clackamas County, Oregon

I am scheduled to appear on 2 misdemeanor charges this week that have earned me a 90 day stay in the county jail. I have already pled guilty, and was offered the 90 days jail time with both good time and credit for time served, with no probation required. I am not eligeable for alternative programs such as home detention because of the probation-alternative program trade off, but I am already on probation for another misdemeanor until february, (so why do I care about the no probation offer...)

in sept. 2011 I was diagnosed with congestive heart failure, and told I would be a good candidate for transplant. When I went in to the hospital I had no idea it was heart related and thought it to be bronchitis or pneumonia. CHF causes fluid to accumuate inside and restrict the lungs, making laying flat or breathing more than shallow breaths impossible. My condition is maintained by medication adjustments and hospitilization

Is having a life threatening heart condition a good enough reason to ask the court for home detention? My first doctor visit totalled $50,000 and I just cant imagine the county would want to get stuck with a bill like that, and if in their custody, they would. Is the court required to take this provided information into account before sentencing?

It almost feels like I am completely missing something that might be of much more importance than just asking for home detention. Does the court system much care if this is a life threatening condition?

[jk]

You can always ask but since the jail and prison systems do have medical wards, it in no way assures you a win.


you need a lawyer to press this for you.



and as far as the expense; realize it is being paid for by you (when not in jail) and everybody around you. The government works like our pockets will never run dry.

[cmre3456]

You can always ask but since the jail and prison systems do have medical wards, it in no way assures you a win.


you need a lawyer to press this for you.



and as far as the expense; realize it is being paid for by you (when not in jail) and everybody around you. The government works like our pockets will never run dry.

No kidding.

Bobby, Clackamas County (A big county, part of Portland suburbs) is broke. Law enforcement in my state of Oregon has virtually adopted a policy of not taking people into custody if they have serious medical conditions. While "everyone" pays, when you are in custody the jurisdiction which arrested you is liable for your medical bills. When you aren't in custody, the state is if you're on the Oregon Health Plan (welfare, so to speak.) If you have no coverage and aren't in custody, the hospital takes the loss but they aren't obligated to give you a heart transplant. They are obligated only to stabilize you and send you away. They don't even send you away with any needed meds - just a prescription. They provide meds only while you're in their care.

While the county jail does have a medical facility, they do have to call in specialist doctors and they really aren't always equipped to handle ongoing serious cases. They really don't want to incarcerate someone who needs constant and expensive treatment.

Bottom line: I think you have a very good chance of home detention and as JK so accurately said, you need a lawyer.