Right to Face your Accuser

This is a discussion on Right to Face your Accuser within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Originally Posted by Disagreeable Sorry Tbeige. Actually, I have no idea what happened with that post. I don't remember where it was going. Does this mean I am getting old? ...

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  1. #11
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    Quote Originally Posted by Disagreeable View Post
    Sorry Tbeige. Actually, I have no idea what happened with that post. I don't remember where it was going. Does this mean I am getting old?

    As LH said, you should be able to get discovery from your old attorney. Why did he quit? I suspect he did not want to go into court, making the argument you presented here and further, was unhappy that you refused to provide proof that their contention was incorrect and you were in fact a resident at that time.
    Let me give you just a little background. This has been going on for 912 days, from date of alleged offense. Police report was filed 223 days later. Formal charge with notice to appear came 400 days after the report. The attorney is a public defender, who read the prosecutor's contentions; the officers report and believed every word. I have given him documentation and photographic evidence that clearly disproves the allegations. 17 years of federal and Or. state tax returns; registrations and lis. for all my vehicles, and been told that they are irrelevant, because my residence is a cabin on my families land, that doesn't have electricity. It does have a valid address. I have presented detailed copies of the law, he didn't read them. The Officer's star witness, called the prosecutor and
    told her that his part of the officer's report was a 'complete fabrication' The officer than called him on the phone, taped the conversation without notice, and he clearly states that the officer is totally out of line. Witness has spoken to the deputy DA and the District Attorney, and has been removed from the witness list. It's a small town, they all have a beer together at lunch time and they really just don't care whether they find the truth or not, I'm supposed to accept the plea and be guilty. I am not. In the last four months, this same officer has been running around the county trying to find something else to charge me with. Yes, I have his own reports to prove that. I know this sounds totally crazy guys, but it is the truth. My whole life is being torn apart by these people, and trust me, if I were guilty I would have pled out and been done with it a long, long time ago, but sometimes you just have to stand up for what is right. If we all plead because it is the easy way out, then they can do whatever they want to everybody.

  2. #12
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    Here is the current burden of proof you need, from the DFW site. If you are convicted, after providing proof, you can appeal to a higher court.

    OREGON RESIDENTS
    ■■Obtaining hunting, combination, or Sports Pac license.
    »»Oregon Administrative Rule (OAR) 635-010-0015(4)(a) provides the legal standard for purchasing a resident license: “A
    resident is one who has physically dwelled in Oregon continuously for the six months prior to applying for a license. Temporary
    absences from Oregon during that time period do not defeat a person’s residency so long as such absences were not for the
    purpose of establishing residency outside Oregon.”
    http://www.dfw.state.or.us/resources..._game_regs.pdf

  3. #13
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    Quote Originally Posted by Disagreeable View Post
    Here is the current burden of proof you need, from the DFW site. If you are convicted, after providing proof, you can appeal to a higher court.



    http://www.dfw.state.or.us/resources..._game_regs.pdf
    Yes, that is it exactly and I have been trying to get lawyer to read it. The difficulty comes from living in a border town, and having my Mom and Grandma on the Washington side. I lost my Grandma (94 yrs.) last summer, consequently over the past two years, I spent quite a bit of time back and forth helping take care of her. She lived in her own house until 10 days before she passed. The Officer seems to think that I cannot leave the state at all in that preceding 6 months. The law states that if I leave the state and intend to return, I do not forfiet my residency, UNLESS, I take measures to establish residency in another state. I have been in Oregon for 20 years and never attempted to establish residency any where else. Can't seem to convince the Officer, or my lawyer. The law looks pretty clear to me and you too, obviously. I will not fold, I will not give up, I will not give in. I have done nothing against the law and oh yeah, I will appeal.... Thanks Guys....


 
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