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Brother in trouble in Oregon

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My name is Tami. My brother, who lives in Oregon is in trouble. He has a record for getting driving tickets. He hasn't paid them and therefore has had his drivers license taken away. Apparently that becomes a felony? Anyway, he's not suppose to be in possession of any firearms. One of his brothers-in-law brought a gun to his house, was standing on my brother's front porch to show another family member the gun, when my brother went out on the porch. This is where is gets complicated. My brother never touched the gun until the police officer came to the porch, took the gun and handed it to my brother to write him a citation. In fact, he asked his brother in law to leave the porch with the gun just before the police officer came up to the porch. My first question is: why was the officer there? He was looking in the neighborhood for a person who had escaped from jail or something like that. Anyway, to make the story short, the officer told my brother he'd have to report that my brother was in possession of a firearm. My brother said that he never touched the gun until the officer handed it to him. This sounds like a set up to me. Now, my brother is going to court with an appointed attorney who has been fired from 6 other cases because he is inept and the judge won't allow my brother to get another court appointed attorney. My brother has 3 kids and cannot afford an attorney. Can you help? They want him to take a lie detector test to say he wasn't in possession of the gun, but I've heard lie detector tests don't prove anything but can make a innocent person guilty. Plese help.
Tami Cheshire.



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship. If he is charged with a felony, he has a right to an attorney (one should be appointed to him). If it is just a citation and no Miranda warning was given because he was not arrested, then there are ways.

Look up in your yellow pages in the front section for your community guide. In there, look for legal services and find a legal aid foundation or criminal defense organization. THey can help individuals like your brother for no money or very very little.

Also, if you can't find such legal aid information in the yellow pages, then I suggest contact the STATE BAR ASSOCIATION (call 411 and ask for his state bar) and ask for lawyer referral for indigents (people who can't afford attorneys).

The police thing with the gun sounds like a set up and not only that, if found to be a set up, your brother can sue for harassment or false accusation, something along those lines.
Hope this helps.

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