Legal Question in Criminal Law in Oregon

Re: interstate detainer agreements

Section 1389 applies to prisoners in other states who have been indicted in California but not yet tried. If you were incarcerated in California, this section would not help you. What you have asked is essentially that a California court dismiss an Oregon case, and the courts of one state have no such authority over cases in another.

Oregon must have an equivalent statute which you theoretically could invoke, but it still sounds like you don't fit within the scope of the Interstate Agreement on Detainers (IAD). For the IAD to apply, you would have to be facing charges on which you have been indicted but not yet tried. You say that Oregon has accused you of violating your probation, but (unless Oregon has some unusual procedures in place) probation violations are treated as part of the original case and do not lead to new indictments. You would thus fail both of the requirements I mentioned, since it seems there is no pending indictment in Oregon and you have already had your trial.

Additionally, the IAD only applies while the defendant is incarcerated. You describe your incarceration in the past tense and you obviously have access to the internet, so it sounds like you are not in prison anymore. This is yet another reason why you could not invoke the IAD.

I don't understand what you mean when you say you were "served detainers from the state of Oregon." If you had an outstanding indictment in Oregon, the prosecutor there would serve the detainer on the prison where you were held. You would not serve a detainer, and a detainer would not be served on you.

Even if your situation fit within the requirements of the IAD, you would still have to draft your demand properly and serve it on the proper authorities. You say that your papers were "based on" section 1389, but there is no way for me to tell whether they were in the proper form or that they were sent to the proper recipient.

As I indicated earlier, though, you seem to be ineligible to invoke the IAD and, even if you were eligible, you tried to invoke it in the wrong state. Even a perfectly drafted Request would not help you here.