The officer called me over a week past my court date I appeared at and she did not, nor did she file charges. Is it legal for her to re cite me now?
answered on Nov 21, 2020
Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.
This process... Read more »
Got dui blew .05 cited and relelase, even given a ride back to my car, and allowed to drive 2 home 2 hours later, officer stated it will probably be dropped, he did even check the DUI box on my citation. I have a court date though.
answered on Feb 20, 2020
The local prosecutor reviews criminal citations issued by officers and is responsible for filing them with the court if they wish to pursue criminal charges. The officer likely said it will probably dropped based on prior instances where the prosecutor did not file a DUI case with a BAC at, near,... Read more »
answered on Jan 17, 2019
Contact attorneys in Oregon and Washington that practice in expunction/expungement and felony rights restoration. You may need two separate attorneys unless you can find one licensed to practice in both states. I cannot speak for your options under Washington law because I am not licensed to... Read more »
I was a passenger in a single vehicle accident. The driver fled but its my truck and I panicked and fled too. The truck flipped but no other cars were involved. I live in Hermiston, Umatilla County, Oregon
answered on Oct 23, 2018
You should not post online about or otherwise discuss this incident with anyone until you speak privately with an attorney. You can seek one out on your own, or you can contact the Oregon State Bar's Lawyer Referral Service. This service can refer you to a local lawyer who might be able to... Read more »
I was arrested for misdemeanor possession charge and booked and released the same day. I have no prior record. Is there a chance that I could get out of these charges because I was never read my rights?
answered on Dec 20, 2017
The answer depends on how much, if any, of the case against you is based on statements you made during police interrogation while in their custody. If this happened before being advised of your Miranda warnings you might be able to have such statements and any evidence gained because of them... Read more »
answered on Nov 18, 2017
If there was no date on the citation (or no citation at all) there will like be no court date until the court receives charges from the city or county prosecutor’s office. The court would then create the case in their system and set a first date for your son to appear.
So, to answer your... Read more »
answered on Nov 11, 2017
One possibility is for the prosecutor to consent to a diversion pursuant to ORS 137.533, which may be available to those without any prior convictions or diversions. That said, this statute is clear that the prosecutor must be the one to ask the court for the diversion, so sometimes it takes more... Read more »
Charged with DUII, reckless driving, and reckless endanger. Allowed to do diversion since it was my first and only DUII. This is in Multnomah County Oregon.
answered on Oct 11, 2017
Review your court documents carefully and consult with an attorney if you any further questions about your obligations arising out of your case. If you had an attorney to help you enter diversion I would reach out to them first.
That said, DUII Diversion Agreements with Oregon courts... Read more »
i live in portland oregon and like to go out. On walks, to the taco bell with friends, hikes, lots of things. I am 15 and I bought a multitool. It has a fire starter, seatbelt cutter, glass smasher, flashlight, etc. but the biggest question is the knife it has. The knife is 3.5 inches long, about... Read more »
answered on Oct 8, 2017
Oregon’s carrying concealed weapons law (ORS 166.240) makes it a Class B misdemeanor to carry concealed on your person:
- any knife with a blade that projects or swings into position by force of a spring or centrifugal force;
- any dirk, dagger, ice pick, slungshot, metal... Read more »
answered on Oct 7, 2017
The short answer is probably not. The incident date/time is one element of the crime that must be proven beyond a reasonable doubt, but the charging document (i.e., the ticket from the officer, or an information of misdemeanor later issued by the prosecutor) usually includes the term “on or... Read more »
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