What can I do to clean up my 4th degree assault misdemeanor? 2 Answers as of March 22, 2011I have a domestic partnership, and my partners ex girlfriend accused me of assaulting her. The charge against me is a 4th degree assault misdemeanor. I was homeless, so I moved to Minnesota for a job & housing opportunity with my sister. I quit my first job when a better job opportunity arose working at a casino. When a background check was conducted I was denied the job & subsequently 4 other employment opportunities since. My partner is now in Oregon & can testify to my where abouts the night in question. She had been hospitalized, transfered from one hospital to another the day previous and the day of. I was with her in the hospital, (should be on camera) and after she left. (she left against doctor recommendation) I have the paperwork to prove I was not anywhere near my accuser if/when she was attacked. Now out of state I am being told there is nothing I can do to close this case against me. Though I am innocent I am willing to plead guilty, preferably make a deal for a lesser charge or something, anything to get this case closed. I need employment.
Harris Law Firm | Jennifer C. Robins
If there is a warrant for your arrest in Oregon, there are only two options. First, call the court where the case was filed and see if you can arrange an out-of-custody arraignment date to clear the warrant. You will then get a subsequent court dates in order to proceed with the case. However; most counties in Oregon will tell you that you need to return to Oregon and turn yourself in on a warrant. You may or may not be released on your own recognizance, given the apparent failure to appear. I recommend that you consult an attorney who practices in the county or city where the case is filed and ask what the local procedure is, and if you can appear out-of-custody or if you must turn yourself in on the warrant.
Answer Applies to: Oregon
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Although things seem to be quite convoluted in your world, it sounds like you've got an open domestic violence assault charge in Oregon. I don't know who tells you that nothing can be done, but you can always come back here, get the warrant cleared up (if you split town before the case was disposed of then you have a warrant) and then request a trial. The trial will necessitate you coming back a couple months later but you can have your day in court. If you decided you just want to get it wrapped up quickly you could always come back, clear up the warrant and try and plead out on the same day. What you should do is get in touch with an attorney before you make any arrangements to come back here. I've had some success getting warrants cleared up without the client actually showing up, but most likely you will have to come back here. A lawyer can also negotiate the case with the DA prior to you coming back so if you wanted to (like you mentioned) you could get a plea to a lesser charge. Smart first step is get a lawyer.
Answer Applies to: Oregon