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Dont know where to ask this so here it is.

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Jasoli12

Active Member
The state of Oregon

When I was on probation in 2008 to 2012, I was filing a second time for disability and could not work. The Dept of Correction in Klamath Falls OR told me I had to have job, I stated I could not and was filing disability. They said I then had to go to community college. The forced me to take on a debt that is most growing and growing. Even if I paid something monthly, it will not come down. Since I was forced to take on this debt under duress, is there ANYTHING I can do to relieve this debt that I will NEVR be able to pay off?!?! There HAS to be relief from paying these fee loans that I did not take on of my own free will.
 


Taxing Matters

Overtaxed Member
In the law, duress means that you were compelled to do something (or not do something) as a result of violence, the threat of violence, or some other ILLEGAL act or threat to act. So, for example, had the DOC said that you had to take the classes or they'd shoot you, that would be duress. Telling you that you had to take the classes or work to meet the terms of your probation is not duress. You were not forced to take them against your free will. You had three choices: (1) take the classes, which is what you did, (2) simply refuse and have probation revoked and potentially go to jail or prison or (3) if the demand to take the classes was clearly not something that the DOC could require as part of your probation, you could have contested the DOC requirement in court. You made the choice of taking the classes, you picked the courses, agreed to the tuition, and incurred the student loans to pay for it. Presumably you decided that was better than perhaps going to jail or prison, which is a reasonable choice to make. But it was your choice. Having done that, though, you owe on the loans and the DOC has no obligation to pay for that.
 

Jasoli12

Active Member
In the law, duress means that you were compelled to do something (or not do something) as a result of violence, the threat of violence, or some other ILLEGAL act or threat to act. So, for example, had the DOC said that you had to take the classes or they'd shoot you, that would be duress. Telling you that you had to take the classes or work to meet the terms of your probation is not duress. You were not forced to take them against your free will. You had three choices: (1) take the classes, which is what you did, (2) simply refuse and have probation revoked and potentially go to jail or prison or (3) if the demand to take the classes was clearly not something that the DOC could require as part of your probation, you could have contested the DOC requirement in court. You made the choice of taking the classes, you picked the courses, agreed to the tuition, and incurred the student loans to pay for it. Presumably you decided that was better than perhaps going to jail or prison, which is a reasonable choice to make. But it was your choice. Having done that, though, you owe on the loans and the DOC has no obligation to pay for that.
No, the duress was the violating me and placing me in jail. The fact that I was in an active period of filing for disability, I knew I would not be able to go too far into the force education due to the fact I was filing because of chronic pain that cause chronic fatigue and my pain was mostly in my lower back radiating extreme pain down my legs. The hours of sitting in the chairs was unbearable for the most part. The levels or pain so made it next to impossible to concentrate on the lesson and the having to sit in a chair for another set of hours doing the school work. I was not about to go to jail for a time if whatever the hall they pulled out of their **ses. I had to stay our of jail (especially for a bullshit reason) because I had my kids to take care of. Severe chronic pain makes EVERY aspect of your life a living hell because you are constantly imprisoned in your own body. So yeah, I do feel that I was forced to take on a debt I could not afford under duress of the Klamath Falls corrections department. Oh yeah, if I had gone to court, this legal system is a backwoods style kangaroo system and the (corrupt) judges would side with the probation officers. No way this can be legal. I assure they receive funds for getting people to go to a higher learning institute.
 
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Taxing Matters

Overtaxed Member
No, the duress was the violating me and placing me in jail.
That's not duress. The probation office can do that if you weren't meeting the terms of your probation. Most probation terms require that you either work or go to school. They don't want you sitting on your butt. So if that's what your probation terms were and you weren't doing it then the probation office was within its authority to violate you. Probation is a court order, not a request. You either do what the order says or you get violated. If your disability prevented you from doing those things, then you needed to file a motion in court to change the terms of your probation to something that you could do with your disability. If you didn't do that, that's on you.

No way this can be legal.
Look, I get that you don't like the situation. But let's do the reality check here. You either plead guilty to a crime or were convicted of a crime at trial. That suggests you committed a crime. So starting out, if you hadn't committed the crime, you'd not have had to deal with probation in the first place and not be in this situation.

In any event, you agreed to probation and knew the terms you had to follow. You did that because, as you said, you couldn't do jail or prison because you had a family to support. That's a perfectly reasonable choice. But once you did that, you had to follow the terms of probation. If you couldn't do it because of disability, the way to deal with it is, as I said, go to court and get the probation terms modified. Just telling the probation officer "I'm filing for disability and can't do it" doesn't cut it. Probation is a court order. You have to follow the order or you get violated. You think the whole court system corrupt. I doubt that. I used to live in Oregon and the system, while not perfect, wasn't seriously corrupt either. Regardless, you had to file the right things in court to address the problem. If you didn't even try that, then again, that's on you.

Again, I get that you don't like the situation. No one likes being violated. And I'm sure you don't like me saying that this is a problem largely of your own making. But you need to take responsibility for yourself and your actions. And that means following the probation order and, if necessary, filing in court to get the probation order changed. The state is not going to be liable for your student loan debt here for the reasons I gave before.
 

Jasoli12

Active Member
That's not duress. The probation office can do that if you weren't meeting the terms of your probation. Most probation terms require that you either work or go to school. They don't want you sitting on your butt. So if that's what your probation terms were and you weren't doing it then the probation office was within its authority to violate you. Probation is a court order, not a request. You either do what the order says or you get violated. If your disability prevented you from doing those things, then you needed to file a motion in court to change the terms of your probation to something that you could do with your disability. If you didn't do that, that's on you.



Look, I get that you don't like the situation. But let's do the reality check here. You either plead guilty to a crime or were convicted of a crime at trial. That suggests you committed a crime. So starting out, if you hadn't committed the crime, you'd not have had to deal with probation in the first place and not be in this situation.

In any event, you agreed to probation and knew the terms you had to follow. You did that because, as you said, you couldn't do jail or prison because you had a family to support. That's a perfectly reasonable choice. But once you did that, you had to follow the terms of probation. If you couldn't do it because of disability, the way to deal with it is, as I said, go to court and get the probation terms modified. Just telling the probation officer "I'm filing for disability and can't do it" doesn't cut it. Probation is a court order. You have to follow the order or you get violated. You think the whole court system corrupt. I doubt that. I used to live in Oregon and the system, while not perfect, wasn't seriously corrupt either. Regardless, you had to file the right things in court to address the problem. If you didn't even try that, then again, that's on you.

Again, I get that you don't like the situation. No one likes being violated. And I'm sure you don't like me saying that this is a problem largely of your own making. But you need to take responsibility for yourself and your actions. And that means following the probation order and, if necessary, filing in court to get the probation order changed. The state is not going to be liable for your student loan debt here for the reasons I gave before.
I agree that Oregon in general is not a bad judicial system But Klamath County is or was at that time VERY corrupt system. The DA had a huge coke habit that spread to a ring of constitutes the included lawyers, prosecutors, prosecutors and even some judges. It was a regular good old boys club. The prosecutor had an at least 90% conviction rate simply by making the proposed sentence SO severe that everyone would really have no choice but to take the plea bargain because had they gone to trial the judge would make key pieces of evidence inadmissible for what ever reason they made yo. My case was a statutory case with the "victim" and another female that had relations with the victim while she was at al age that would be automatic Measure 11. She got only a statutory and 3 years probation. Mine was out of Measure 11 range thus making it solely statutory. The first plea bargain off was 75 months in prison. When the second one came back it was the 3 years probation and treatment. They had no evidence that I even did anything but I was assigned a female just that was sympathetic to female "victims" so if I took it to trial, I would have lost. Only had a public defender. Also the fact the indictment said the alleged crime too place on Jan 1 2000, 2001, or 2003... that should have been dismissed because they did not have a clear cut time from of the alleged event. Believe me, they make you take that lea bargain so the prosecutor can maintain his unrealistic incarceration percentage.
 

Jasoli12

Active Member
Why were you on probation?
A statutory case from 2001. No evidence just a he said she said thing and I was assigned a female judge... had I trying to go to trial.... I would have lost even thought there were date discrepancies and no proof... that is the corrupt system of Klamath Falls for ya.
 

Just Blue

Senior Member
A statutory case from 2001. No evidence just a he said she said thing and I was assigned a female judge... had I trying to go to trial.... I would have lost even thought there were date discrepancies and no proof... that is the corrupt system of Klamath Falls for ya.
I don't understand...You think that the Klamath Falls justice system is corrupt because a female judge was assigned your criminal case?
 

Jasoli12

Active Member
I don't understand...You think that the Klamath Falls justice system is corrupt because a female judge was assigned your criminal case?
When the DA is one of the largest buyers of coke and his ring included attorneys of the area and some judges.... it was a "we will do as we please" situation. That is why I HAD to file first and get it in Jackson county otherwise I would have been screwd.
 

Just Blue

Senior Member
When the DA is one of the largest buyers of coke and his ring included attorneys of the area and some judges.... it was a "we will do as we please" situation. That is why I HAD to file first and get it in Jackson county otherwise I would have been screwd.
The DA has been arrested for drug dealing? I don't understand...what do you mean that you had to "file first"? How did you file on a statutory rape charge?
 

Jasoli12

Active Member
I don't think someone that rapes kids is in any position to talk about corruption.
Well that is rather judgmental of you!! I think that talk right there is worse than any f bomb I may have I inadvertently put... I do believe you are bordering on harassment.
 

Just Blue

Senior Member
Well that is rather judgmental of you!! I think that talk right there is worse than any f bomb I may have I inadvertently put... I do believe you are bordering on harassment.
sigh...He is not harassing you. Nor is he being judgmental. Your criminal history may come up in your custody/divorce proceedings. Sometimes our past actions haunt our present.
 
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