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Questions Answered by Brandon C. Foy

1 Answer | Asked in Criminal Law for Oregon on

Q: have a felony convictions in oregon for burg 2 one in California for burg 2 20 years ago would like restore gun rit

Brandon C. Foy 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 »

1 Answer | Asked in Criminal Law and Car Accidents for Oregon on

Q: What can happen to me?

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

Brandon C. Foy 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 assist... Read more »

1 Answer | Asked in Criminal Law for Oregon on

Q: I was arrested, but never read my rights. How does this affect my case?

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?

Brandon C. Foy 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 »

1 Answer | Asked in DUI / DWI for Oregon on

Q: My 17 year old son was arrested October 14th for a DUI with marijuana. How long do we have to wait for a court date.

Brandon C. Foy 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 »

1 Answer | Asked in Criminal Law for Oregon on

Q: What makes me eligible for diversion for theft 2? First time offender. 20 y/o with no prior misdemeanors or felonies.

Brandon C. Foy 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 »

1 Answer | Asked in DUI / DWI for Oregon on

Q: Can I purchase and own a firearm while still completing diversion for DUII in Multnomah county OR?

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.

Brandon C. Foy 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 »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Oregon on

Q: In oregon is it legal to carry a multitool with a knife in my pocket

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 »

Brandon C. Foy 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 »

1 Answer | Asked in DUI / DWI for Oregon on

Q: I got a dui and the cop put down the wrong time can I get out of it

Brandon C. Foy 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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