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  1. #1
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    Default Can You Be Convicted Without Going to Court

    My question involves criminal law for the state of: oregon

    I beleve that a plea bargan was held without my knowledge or somthing like that. can you be convicted of charges while not being aware of the charges against you. or can you go into a plea deal without knowing the extent of the nature of all of the charges against you that you are pleaing to?

    (Favole, 1983). In Dusky, the Supreme Court held that:
    It is not enough for the district judge to find that 'the defendant is oriented to time and place
    and has some recollection of events', but that the test must be whether he has sufficient
    present ability to consult with his lawyer with a reasonable degree of rational understanding --
    and whether he has a rational as well as factual understanding of the proceedings against him.
    (p.402)

    I have never consulted with a lawer and never learned what the nature of the crimes against me where. I got a letter in the mail that I never opened that I gave my mother and asked for help beleving it was a misdomenor offense. but I realize that is not the case and that somthing terrible is happening right now and it is not fair that not noing or being allowed to know what is going on and haveing terribly high charges rased against you without being even allowed to know what they are charging you with. if someone deosnt know the nature of the deal than how can they give solidify a plea deal.

  2. #2
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    Not being informed is not the same as you actively ducking finding out about them. You were notified about the charges but chose to not look at them.
    Get a lawyer, he will look up the actual charges and can advise you what your options are.

  3. #3
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    Quote Quoting flyingron
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    Not being informed is not the same as you actively ducking finding out about them. You were notified about the charges but chose to not look at them.
    Get a lawyer, he will look up the actual charges and can advise you what your options are.
    I was scared and asked my mother to help because the only thing that I could think of that I did was somthing that was a misdemenor but I was still scared. I told my mother what it was I thought that the charges where. she didnt tell me what the charges really where or things could be different. I should have been told what was going on. I didnt know. I know that I should have looked but I didnt I knew what was there or so I thought cause there was nothing that I knew else that I did that was a crime. my mother knew that I didnt know any better and she didnt tell me. and now she wont even admit that happened.

  4. #4
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    How old are you?

  5. #5
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    Quote Quoting flyingron
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    How old are you?
    30 but I have aspergers and my mother helps me and she was my naibor in the same apartments so a ran right to her door. but I was 15 whene what I think they are after me for now was.

  6. #6
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    You are saying a lot of "I thinks" and " I believes." You had the letter. What did you do with it? You have the right to an attorney. I suggest you use that. Since no one knows what the allegations are, no one can help you understand what consequences you face at this point. But this much is for sure, from what you've written thus far, you need an attorney ASAP!

  7. #7
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    Quote Quoting viol8te
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    You are saying a lot of "I thinks" and " I believes." You had the letter. What did you do with it? You have the right to an attorney. I suggest you use that. Since no one knows what the allegations are, no one can help you understand what consequences you face at this point. But this much is for sure, from what you've written thus far, you need an attorney ASAP!
    I never opened the letter I never learned what was on it. I gave it to my mother and learned nothing and now she denies getting it and denies that it exists.

  8. #8
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    You were not convicted of a felony in absentia. You need to get off your butt, open up the phone book to one of the 30 pages of lawyer and find one that says they do criminal law, and meet with him. He will be able to figure out what is going on with your cases.

  9. #9
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    Default Re: I Never Got to See a Lawer or Know the Nature of My Case

    Quote Quoting dly123
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    I never opened the letter I never learned what was on it. I gave it to my mother and learned nothing and now she denies getting it and denies that it exists.
    You know that you have criminal issues to deal with! You can deny knowing that you know, but that does not give you a pass. Very soon there will be a warrant out for your arrest. If that has not happened already. In order to avoid any future issues, you need to do exactly as FR has suggested.

  10. #10
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    Default Re: Can You Be Convicted Without Going to Court

    Quote Quoting dly123
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    My question involves criminal law for the state of: oregon

    I beleve that a plea bargan was held without my knowledge or somthing like that
    Never been in court, have you? A guilty plea cannot be imposed upon you w/o your acknowledgment in court admitting to the crimes.

    It was the "something like that" ... you were found guilty by the court, not by plea.

    You claim you are insane now? Well, stupid yes ... insane? Likely not.

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