Legal Question in Criminal Law in Oregon

What are my rights?

I was arrested in January of 1999 on a nationwide warrant, for foodstamp fraud that occured back in 1996-1997.I was held accountable for the whole debt of $3606.00 and served 80 hours of community service. At the time, my ex and I were seperated, then divorced June of 2000.He also had a warrant and was arrested in Oregon. The judge released him with a court date and he never showed. It has been 2 years now and the ex has still not been held accountable for this debt.He now has a warrant for failure to appear and the Lincoln County Courts knows his address and phone number and still no action has been taken against him. The ex was recently jailed for Domestic Violence in Alaska.My ex has an enormous criminal record, he owes $13,800.00 in back support and the law continuously does nothing to this man. I am supporting 5 children. I am tired of the law not taking action against the ex and tired of the law holding me responsible for all his debts just because we were married. I feel me and my children are being violated of our rights. What can I do?


Asked on 1/18/03, 8:22 am

1 Answer from Attorneys
David DenHartigh Attorney at Law

Re: What are my rights?

I would need more specific information to render firm opinions. I will assume that you and your ex were convicted and ordered to pay restitution. If your circumstances have changed you might write to the court and ask to have your probation modified to reduce the restitution payments. As for other debts, you may be able to get relief from the Federal bankruptcy court. See a bankruptcy lawyer. Even if you can't get a complete discharge of some of your debts, you may be able to get reduced monthly payments and partial discharge. You can sue your ex but since he doesn't have any money or property and isn't likely to pay in the future such a suit would probably be futile. Since the restitution in the criminal case is to be paid to the state, maybe the Oregon Dept of Justice would consider waiving your restitution obligation because you haven't been receiving child support and because of your hardship it seems that your children are the ones who are paying the price.

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Answered on 1/18/03, 1:07 pm


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