Understanding Sentence Duration Discrepancy

Summary

The user was sentenced for attempted sexual abuse and was promised release on a specific date by his attorney, judge, and prosecutor. However, the Department of Corrections held him for an additional five months. The user has tried to address this discrepancy by filing a tort notice against his attorney for malpractice and seeking help from various legal aid organizations, but has not received any satisfactory response. The user is now considering post-conviction relief and is seeking advice on how to proceed.

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Yes,i was told by my attorney that I was going to get credit for time served and be released on *-*-* sentencing day confirmed by the judge and the prosecutor and I was sent to prison for processing and then DOC says that i owed another five months, and then released on *-*-*
What was the exact charge for which you were sentenced?
Several charges but the must important were attempts to sex abuse in two cases that were run together,
What was the exact sentence given by the judge on your sentencing day?
Credit for time served and be released on that same day *-*-* sentencing day
What was the duration of the "time served" that was credited to you?
72 months on one case,and 17 months on top for the second case
What was the total sentence duration for both cases as per the court's judgement?
89 months
What was the reason given by the DOC for the additional five months?
They said that they had calculated the amount owed
What was the method used by the DOC to calculate the additional time owed?
Im not totally sure i would need time to look up that later
Can you provide me with the name of the court where your case was heard? This will help me provide you with more accurate information.
Klamath falls county court house
What was the name of your attorney who represented you in the Klamath Falls County Court House?

Klamath Falls County Court House contact details:
- Address: * Main St, Klamath Falls, OR *, United States
- Phone: +* *-*-*
Martin Thompson
What is the name of the Department of Corrections facility where you were processed and held?
Oregon state correction institution
What was the date when you were first arrested for these charges?
*,on on and while in prison the 2017case
What was the date of your release from the Oregon State Correction Institution?
*-*-*
Did you appeal the DOC's decision to extend your sentence?
I ask my attorney for re-sentecing and he didn't do anything
Did you communicate with your attorney in writing about your request for re-sentencing?
No on the phone
Did you document or record the phone conversation with your attorney regarding your request for re-sentencing?
No i called his personal cell phone
Did you discuss the discrepancy in your sentence duration with the Department of Corrections or any other legal authority?
Yes i have a letter that shows i ask them about the time sentencing
What was the response from the Department of Corrections when you asked them about the discrepancy in your sentence duration?
They sent me the calculations for this
What was the basis of their calculations? Can you share more details about it?
They believed that there calculations were correct
What was the response of your attorney when you asked him about the discrepancy in your sentence duration?
He said that i would have to bare it
What steps have you taken since your attorney's response?
I think i filed a tort notice on time on line
What is the nature of the tort notice you filed and against whom did you file it?
The attorney for malpratice for failure to raise issue's about the judge being the same prosecutor in the same case and not being arraigned in the other case for 16months
What was the outcome of the tort notice you filed against your attorney for malpractice?
I haven't heard from anyone else about it
What is the date when you filed the tort notice against your attorney for malpractice?
April i didn't receive any response from the courts
What is the exact date in April when you filed the tort notice?
I dont remember it
Do you have any documentation or email confirmation that might help you recall the exact date you filed the tort notice?
No i didn't do that
Did you receive any kind of confirmation or receipt when you filed the tort notice online?
Just something like its been entered but i dont have that saved
Did you consult with another attorney or legal expert after filing the tort notice against your previous attorney?
Yes lots but they all claimed that they don't handle criminal case, and thats all the cases that the oregon state bar was sending me to
What is the current status of your case? Are you still seeking legal representation for your criminal case?
I could do post conviction relief i think they did something with that,i sent the jugde a letter but i have not checked on it
What is the nature of the post-conviction relief you're considering?
That the attorney failed to raise issue's that the judge was the prosecutor in the same case and that i didn't get arraigned in the other case and that the attorney failed to ask for re-sentecing
What is the current status of your post-conviction relief application?
I dont know what im doing with that and i still have the papers
What specific issues or questions do you have about the post-conviction relief application process?
I dont know if i understand it i have some mental health problems and i dont trust that im doing it the right way
Have you considered seeking help from a legal aid organization or a public defender's office to assist you with your post-conviction relief application?
Legal aid services tell me they dont do criminal case's and the other attorneys say they want thousands of dollars
Have you tried reaching out to the Oregon State Bar's Lawyer Referral Service? They might be able to help you find a lawyer within your budget.
They keep sending me to attorneys that say they dont practice in that ,and then they said well now you've reached the point where we cant help you any longer,i asked for to many referrals
Have you considered contacting the Oregon Innocence Project? They provide free legal assistance to individuals who claim to be wrongfully convicted.
Yes they say there's nothing they can do
What was the reason given by the Oregon Innocence Project for not being able to assist you?
That it didn't fit there criteria
What was the specific criteria mentioned by the Oregon Innocence Project that your case didn't meet?
That it didn't fall unt
What exactly did the Oregon Innocence Project mean when they said your case "didn't fall under their criteria"?
Under there case's they are working on ,i tald to a johnny chaves
What was the response or advice given by Johnny Chaves regarding your case?
That i should call the osb
What specific advice did Johnny Chaves give you about contacting the Oregon State Bar (OSB)?
To try they and see if they could refer me to an attorney
What type of attorney are you seeking? Criminal defense, civil litigation, or another specialty?
Criminal
What specific issues do you want the criminal attorney to address in your case?
That i was told that if i plea i was getting out on the date they all agreed to
What was the plea agreement that you, your attorney, and the prosecutor agreed upon?
Credit for time served and get out on that same day *-*-* sentencing day confirmed by the judge
What steps have you taken to address the discrepancy between the agreed upon release date and the actual release date?
None what can i do
Have you considered filing a complaint with the Oregon State Bar against your attorney for not fulfilling his duties?
Yes i file other complaints, and nothing is done i didn't file on mr Thompson but have file others,i even file a complaint with the department of judicial and disability for the judge's involvement in the cases as the x prosecutor, and nothing has been done
What was the outcome of the complaint you filed with the Department of Judicial and Disability regarding the judge's involvement in your case?
It was dismissed, they found no wrong doings
What was the reason given for the dismissal of your complaint by the Department of Judicial and Disability?
That they dont believe wrong doing
What evidence did you provide to the Department of Judicial and Disability to support your claim of wrongdoing?
I sent them a copies of the ojin from *,and the one the *,where it shows that now the prosecutor is now the judge
What was the response from the Department of Judicial and Disability after you sent them the copies of the ojin from * and *?
That they dismissed the complaint
What was the reason given by the Department of Judicial and Disability for dismissing your complaint after reviewing the copies of the ojin from * and *?
They just sent me a letter say the complaint has been dismissed
They just sent me a letter saying that the complaint has been dismissed
What was the reason provided in the letter for the dismissal of your complaint?
That they didn't fine no wrong doing
That they fine no wrong doing
What evidence did you provide to support your claim of wrongdoing in your complaint?
I sent them the copies of the court records
Is this an automated system
Yes, this is an automated system designed to provide legal information. How can I assist you further with your legal issue?
Can you connect me with someone who can help me with this issue
What specific help are you seeking at this moment?
Civil rights law
Civil rights law
What specific civil rights violation do you believe occurred in your case?
Let me speak with a live person