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Oregon Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oregon on
Q: My bf in custody 30d w/no atty. Chrg from 2020, 21, 22- 4 ctcp(1), uumv(2) & psv(2) he didn't do. DA givg 58/mo! Plz hlp

Oregon, has had 2 court dates xcld & don't know why to get an atty & same judge keeps xcld it & is keeps hire public def he fired last year

James L. Arrasmith
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answered on Jan 21, 2024

In Oregon, it's crucial for anyone in custody, especially facing serious charges, to have legal representation. If your boyfriend has been in custody for 30 days without an attorney and his court dates have been canceled, this needs immediate attention.

First, if he's not...
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1 Answer | Asked in Constitutional Law for Oregon on
Q: Can Congress and President overthrow the Constitution by 1859 act of statehood for Oregon?

Previous answer missed the point - void ab initio not a State question! Or. A. I, 21 impairment as allows for rule by law. “ANY SOCIETY THAT WOULD GIVE UP A LITTLE LIBERTY TO GAIN A LITTLE SECURITY WILL DESERVE NEITHER AND LOSE BOTH” - Franklin. Cohens vs. Virginia, 19 U.S. 264: The... View More

James L. Arrasmith
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answered on Jan 9, 2024

The Act of Statehood for Oregon in 1859, like all acts of Congress, is subject to the Constitution of the United States. The principle established in Cohens v. Virginia asserts that state laws and constitutions are void if they conflict with the U.S. Constitution and federal laws pursuant to it.... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: I'm in a Oxford house in Portland, Oregon and I feel harassed, attacked verbally and slandered by this transgender.

This woman's house was supposed to be a safe place yet icant stay here with the daily verbal assults. Can I sue the Oxford house for discrimination and any other thing you could think of as iam leaving with no where to go because I don't feel mentally stable. I can't take this abuse... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Oregon, if you're experiencing harassment, verbal attacks, and slander at an Oxford House, you may have legal grounds to take action. First, it's important to document all instances of such behavior. Keep a record of dates, times, and details of these incidents as this documentation... View More

1 Answer | Asked in Constitutional Law for Oregon on
Q: Or A, I ,21 uses "except" to violate U.S. A. I,10. Is confederate this state act of 1859 VOID ab initio?

79 Or. L. Rev. 793 Constitutional Interpretation, Landau: “Oregon has been at the forefront of the state constitutional revolution [i.e., overthrow of the guarantee of Republican Form of Government]. Oregon cases that I have examined –provide [this state’s ``courts`` in-facto] an opportunity... View More

James L. Arrasmith
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answered on Jan 8, 2024

The question you're asking touches on complex issues of constitutional law and the interpretation of state actions under the U.S. Constitution. Oregon's constitutional provisions and their interpretation by state courts can indeed differ from federal interpretations. However, this... View More

1 Answer | Asked in Constitutional Law and Contracts for Oregon on
Q: If my right to travel is a constitutional right why did my property get towed (stolen) and the police all laughed at me

So now I can go after there bond insurance too? Right

James L. Arrasmith
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answered on Jan 4, 2024

The constitutional right to travel generally refers to the right to move between states freely, and doesn't extend to the use of a specific mode of transportation, like a personal vehicle. If your property (vehicle) was towed, there are usually specific legal or regulatory reasons behind this... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Health Care Law for Oregon on
Q: I was accused of being intoxicated at my pain doctors, threatening.. took pee test and alcohol test negative for alcoho.

Well i was accused of alcohol. Intoxication, told that i cannot leave till results of test come back, i got angry and said couple cuss words. After doctor accused, her reason was somebody in the office said they smell alc. On me. Then i was told they will no longer help me. And cut off my oxycodone... View More

James L. Arrasmith
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answered on Dec 20, 2023

In your situation in Oregon, it's crucial to understand that if you were wrongfully accused of intoxication and consequently denied medical treatment, you might have grounds for a complaint. Being cut off from prescribed medication like oxycodone without proper procedure or consideration for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Oregon on
Q: I'm looking for an attorney who's willing to Represent me in a civil against o d h s and o h p.

I was assigned a second member. I d number the cosmic extensive losses that categorize me in a homeless drug addicted category. Because of that, I was unable to get treatment for AD HD for which I'm disabled. I lost 3 jobs, my credit credibility. And I have all the documentation including them... View More

James L. Arrasmith
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answered on Dec 20, 2023

In Oregon, if you're seeking to pursue a civil case against the Oregon Department of Human Services (ODHS) and the Oregon Health Plan (OHP), it's important to find an attorney experienced in handling civil rights and personal injury cases, particularly those involving government agencies.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Oregon on
Q: Is Oregon a stop and Id state and what are the laws regarding this

Just want to know the id laws

James L. Arrasmith
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answered on Dec 12, 2023

In Oregon, the laws regarding "stop and identify" situations are not as straightforward as in some other states. Generally, law enforcement officers may ask for identification if they have reasonable suspicion that a person is involved in criminal activity. However, Oregon does not have a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Oregon on
Q: I how can I find a attorney to help me file a lawsuit against my city police department the city also cps

I have video also audio of police harassing me an stalking my minor son the city is refusing to turn my water on also child protective services took my son due to police setting me up police activity caused my son to loose his intensive mental health outpatient that he severely needed due to police... View More

James L. Arrasmith
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answered on Nov 15, 2023

To find an attorney for a lawsuit against a city police department and CPS, you can start by contacting your state's bar association for referrals. They often have a list of attorneys who handle civil rights and police misconduct cases. Additionally, look for attorneys who specialize in civil... View More

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Legal Malpractice for Oregon on
Q: What can you do if you get a court-appointed lawyer that has a controversial history involving theft and fraud?

Their wife stole money from clients while working at the same firm and he tried getting rid of his clients, but wasn't investigated himself for some reason. Additionally, his past with his clients has been the court case being dismissed as he practically abandoned his clients' cases

James L. Arrasmith
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answered on Oct 15, 2023

If you've been assigned a court-appointed lawyer with a controversial history involving theft, fraud, or professional misconduct, it's essential to address your concerns promptly to ensure your legal rights are protected. Here are steps you can take:

Raise Concerns with the Court:...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Oregon on
Q: My 2254 habeas was dissmised now on pacer it says awaiting amended complaint? What does this. Mean
T. Augustus Claus
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answered on Sep 4, 2023

When you see the status "awaiting amended complaint" in the context of a habeas corpus petition, it typically means that the court has dismissed your initial petition but is allowing you the opportunity to file an amended or corrected complaint. This can happen when the court finds... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Oregon on
Q: If you are found guilty but were never given notice or documention. Can it be dismissed for violation due process rights

I did a trial by declaration for a traffic citation in 2022 based off the court rules I was under the impression and was told if I was found guilty I would receive the notice by us mail no later then 2 weeks. I received in my mailbox just last week an order for me to appear by phone to a show cause... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Courts process a lot of traffic tickets, but no need to treat defendants gruffly. Obviously, you have stepped afoul of the Court rules regarding processing your ticket. Today most traffic tickets carry with them penalty assessments and court fees so a fine of $100 can easily reach $500. Courts... View More

2 Answers | Asked in Real Estate Law, Constitutional Law and Legal Malpractice for Oregon on
Q: Someone please tell me how it's not illegal for the courts to order a homeowner to give their home to a land owner?

I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... View More

TeAnna Rice
TeAnna Rice
answered on Mar 20, 2023

In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.

To answer your...
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1 Answer | Asked in Constitutional Law and Civil Litigation for Oregon on
Q: Can a judge rule on a case if defendant was not served with a complaint nor was a summons prepared, submitted or issued?

A complaint was filed in civil court. Before it could be served and before a summons was drafted submitted or served, the defendant motioned repeatedly for a dismissal. All were unanswered by the courts as a lawsuit had not been fully initiated; until an ex associate of the defenses lawyer was... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Ordinarily, in a federal lawsuit, the filing of a motion to dismiss by a defendant constitutes an appearance such that the issuance and service of a summons is no longer necessary. The main purpose of a summons is to compel an appearance by the defendant. So, if a defendant appears by filing a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Oregon on
Q: If I want to Sue DHS what kind of lawyer do I need civil or tort
Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 12, 2022

Both. You need to get in tort claim notice within 180 days. You need a civil attorney to assist you.

Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... View More

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Libel & Slander for Oregon on
Q: Can landlords ask you what your disabilities are when you ask for a reasonable accommodation for more time to move out?

I asked my current landlord for a reasonable accommodation for more time to move out based on my disabling conditions. When he replied via email he said “Could you please clarify : What is the nature of your disability? To be clear, (we) are not questioning your assertion that you are disabled... View More

Katherine Goodman
Katherine Goodman
answered on Apr 5, 2022

You did not state whether or not when you asked for additional time if you gave your landlord a letter from doctor along with your request for reasonable accommodation. If you did not, you should contact your doctor for a letter to give to your landlord. If you did give a letter to your landlord,... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... View More

Virgil Royer
Virgil Royer
answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... View More

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for Oregon on
Q: I'm having a hard time finding a list of contaminates that my City must test our ground water for and how often for each

I am trying to decipher our CCR, and I don't think that our City is testing for everything it needs, and it seems to be missing some information. I need to know if the Health Effects Language must be included or is just the likely source of contamination sufficent and what contaminates need... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2021

An Oregon attorney could advise best, but your post remains open for a week. A starting point could be environmental agencies and public health agencies in Oregon. On the federal level, the U.S. Environmental Protection Agency oversees environmental law, but nationwide, state departments of... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: Is Rogers v. Saylor, OR Supreme Court, 760 P.2d 232 (1988) still caselaw in Oregon? If not, what superceded it?

I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?

Virgil Royer
Virgil Royer
answered on Dec 29, 2020

I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.

The case discusses the the limitations on individual or governmental liability...
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