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  1. #1

    Default How to Properly File a Motion and Memorandum in a Criminal Case

    My question involves criminal law for the state of: Oregon

    My case is a federal case in the state of Oregon.

    I have a motion to represent myself and release myself on personal recognizance.

    In my motion I have written 'I, defendant [], remove my attorney [] from representing me, and now represent myself. I am also releasing myself on personal recognizance to fight and defend my case.'

    I have additional information for the motion but I figure it is standard to put extra info in a memorandum separate from the motion. I have looked for this specific information when and where to include a memorandum and the difference between the 2, but I cant find any concrete info on it so I am asking here.

    I am locked up so it is extremely hard for me to find or learn anything, which is why I am filing my motion and need to be released.

  2. #2
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    Default Re: Motion Standards

    Are you currently represented by an appointed federal defender? You can't "release yourself." You have file a motion to the court for an OR/reconsideration of bail hearing. The purpose of bail is to ensure your appearance so in making an argument for OR release, you would have to include a declaration setting out your ties to the community and anything else that would lead the court to believe you wouldn't take off like your job, your family, etc. That you don't think you can do your own defense in custody isn't an argument that will get you anywhere. If you go pro per, the custody facility will arrange to get you access to a law library.

  3. #3
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    Default Re: Motion Standards

    It's hard to find or learn. That's why attorneys go to school.

    You don't "release yourself" on PR. PR isn't even a term much used in Oregon. They call it conditional release. How you would make that request really matters on what exactly you are charged with. The release terms you'd propose are different if you were caught shoplifting than if you are facing domestic violence charges.

    Why are you releasing your attorney and going pro se?

    What "extra information" are you considering putting in a motion.

  4. #4
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    Default Re: Motion Standards

    Quote Quoting flyingron
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    You don't "release yourself" on PR. PR isn't even a term much used in Oregon. They call it conditional release.
    But the OP is not being prosecuted by the state. He is facing federal prosecution, and the term "personal recognizance" is very much used. It's in the applicable statute, 18 USC 3142(b):

    (b) Release on Personal Recognizance or Unsecured Appearance Bond.-The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a),1 unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.


    Quote Quoting fleshtheworld
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    My question involves criminal law for the state of: Oregon

    My case is a federal case in the state of Oregon.

    I have a motion to represent myself and release myself on personal recognizance.

    In my motion I have written 'I, defendant [], remove my attorney [] from representing me, and now represent myself. I am also releasing myself on personal recognizance to fight and defend my case.'
    That's not the right way to do it. Motions are requests you make to the court for things you want the judge to do. You don't get to dictate to the court what to do, as you did above. You need to ask the court for what you want.

    You generally have the right to dismiss your attorney and go pro se. But when you are in court litigation, and especially when you are a criminal defendant, your dismissal of you lawyer must be approved by the court. So ask the judge to approve the dismissal of your lawyer and allow you to proceed pro se. I can pretty much guarantee you that before the judge will approve that he or she will hold a hearing on the matter to ask you questions to be sure this is really what you want and to advise you of the risks you take going pro se.

    You don't have the power to release yourself on your own recognizance. Only the judge can do that. So again, you need to ask the judge for that. Here you'll need to present an argument why the court should trust that you will make all your court appearances if the court releases you without bail. I quoted in my reply the statute that applies. You might want to find case law that sets out what judges should look for when deciding whether you are a good risk for personal recognizance release.

  5. #5

    Default Re: Motion Standards

    Yes federal cases are different. Bails do not apply and Pretrial Release exist even in Oregon; but they are a rare thing as far as I know.

    You are right about me declaring self representation and self release and that it is not the common way to go. However, that is how I have gone about everything, against my attorneys, the prosecutor, the court, etc. and I have won. But I appreciate the suggestion to request these things rather than to declare or demand it. I know how easy it is to offend a judge not because you are wrong, but because you don't put the judge above yourself. And I am aware of the general procedure, risk, etc. and that I will ultimately need a good argument to why I should be allowed to represent myself and be released on my own personal recognizance, of which I do have.

    My question is, should I declare (request) my intentions on a motion, and to keep it short, give the reasons and extra details, etc on a memorandum? Is that how it is generally done?

    -

    A bit of history behind my Motion

    I started with a federal public defender who, after barely looking into the option of releasing of me, said that I cannot not be released. He vaguely declared that releasing me was not a possible option. But I knew that he was wrong and that I could be released. I knew that he was incapable of getting me released so I stopped bothering him about it.

    It took over 1 year of side tracking until I finally forced him off of my case and got myself a new and private attorney. I convinced my new attorney to release me. But in order for me to be released, the court imposed near impossible conditions for me to meet. My attorney was not able to do anything about it. So I did my own work from jail. I went against everything my attorney said and advised, and I got myself released. The prosecutor and the judge praised my attorney for the good work that I accomplished. But obviously it was my work and my attorney scandalously took credit for it proudly in court, even though he was completely against everything I did and said it is all bad and wont work, etc. That... douche bag.

    But either way I got myself released and I am on pretrial release. The problem is, I am at a halfway house so I am essentially still locked up. But they are trying to pretend that I am released and that I should just be happy with it. I need to represent myself because all my attorneys have proven to not know or understand much of anything, not even the legal world they work in. There is no reason for me not to pursue it and they have no reason to deny me of it.

  6. #6
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    Default Re: Motion Standards

    Quote Quoting fleshtheworld
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    My question is, should I declare (request) my intentions on a motion, and to keep it short, give the reasons and extra details, etc on a memorandum? Is that how it is generally done?
    Typically you'd file your motion and memorandum together as a single document, though it's possible your court might have local procedures that call for doing it differently. It's generally easier for the court to have it all together rather than having to hunt down a separately filed memorandum when the judge wants to review the motion.

  7. #7
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    Default Re: Motion Standards

    My bad. I missed the mention of federal court the first time around.

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