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Oregon Criminal Law Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: if i had someone arrested for domestic violence, how do i get them out of jail?
Gregory L Abbott
Gregory L Abbott
answered on Dec 24, 2024

The best thing to do is to talk with the person's criminal defense attorney to see how you can help and if posting bail is possible in the case, albeit do understand there is a very high probability that that person will be under a no-contact order, at least until after the trial. This means... View More

0 Answers | Asked in Criminal Law for Oregon on
Q: So I was sent to 60 months total and my probation was running the entire time I was incarcerated but they didn't

Count my time. Served while in county so the way it was wrote is that my probation was running the entire time but I've served an extra 10 months because they didn't account the time for county

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Oregon on
Q: Post conviction relief petition denied by Assistant District Attorney including 3 claims for relief. Appeal Appellate?

I have been getting totally screwed by this corrupt court violating rights and everything from due process to prosecutorial misconduct and they keep interfering with process of appeal and delaying. I haven’t even been given a public defender and I filed this post conviction relief petition over 5... View More

0 Answers | Asked in Civil Rights and Criminal Law for Oregon on
Q: Please I need clarification on inmates civil rights.

My husband is taking a deal and it feels wrong. His speedy trial rights were violated by 3-5 months. I can explain why there's a spread of a few months there. His court appointed lawyer told me they released him on own regoc so dismissal is out of the question. If that's true why even... View More

1 Answer | Asked in Criminal Law, Elder Law and White Collar Crime for Oregon on
Q: 2 local residents are using a fake ministry to commit grand larceny, (grand theft auto)senior abuse

I have all documents of my business bank account swindle, removal of all keys to my business & embezzlement of income. Grand theft auto , which they sold. I need an arrest warrant. I can NOT find an attorney to take the case !!! I waited for 3 hours at the local Police precinct : Police do... View More

Theressa Hollis
Theressa Hollis
answered on Dec 2, 2024

I recommend you contact Adult Protective Services to report these issues.

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: My boyfriend and I argued and the neighbors called the cops. Now he has court on harassment charges vs the state of oreg

I didn't persue charges against him, the officer insisted I did after i told him no about 8 times, but he did anyway , the state picked it up and now he has court on harassment charges this afternoon. How do I get his case tossed or charges dropped?

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2024

You don't. You can talk to his criminal defense attorney to see what, if anything, you can do to help. But as you noted, you didn't bring the charges so you can't dismiss them either.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: My sister and I were given a criminal trespass 1 while we were in our own home.

They arrested us and took two disabled 57 and 61 year old women to jail booked and released us . We didn't even have shoes excessive?

James L. Arrasmith
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answered on Oct 24, 2024

I'm sorry to hear about what you and your sister went through. Being charged with criminal trespass in your own home can be very distressing, especially when you feel the charge was unwarranted.

It's important to understand your rights in this situation. You may want to gather any...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Oregon on
Q: The judge has brought fraud to the court , then judged his own fraud, how can I stop this madness .?

The judge has committed fraud knowing that he was once my mother's the attorney for my mother , and my mother's newer attorney she has used many times is now representing her son agenst my mother and sister . And paying her sons attorney bill out of my moms money. And judge is well... View More

James L. Arrasmith
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answered on Oct 21, 2024

I'm really sorry you're going through this difficult situation. It’s important to protect your rights and your home. Start by gathering all relevant documents and evidence related to the lease agreement and any interactions with the judge and attorneys.

Reach out to another...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Oregon on
Q: Need help with unlawful search and seizure.

I am a high school student in Oregon at a public school. I have a large group of friends, 15+. 2 of them got caught and punished for vaping in the bathroom a few days ago. Today, all of us were sitting at lunch in a group of 15+ kids and the principal came to us and said that specifically our... View More

James L. Arrasmith
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answered on Oct 18, 2024

In schools, administrators have some authority to conduct searches to maintain a safe environment. However, these searches must be reasonable and based on specific concerns, not just targeting a particular group without justification. If the principal is singling out your friend group without a... View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Oregon on
Q: Can you take somebody to trial without giving them any witness statements letting them view the discovery

They were only able to meet with a lawyer three different times in two and a half years they were incarcerated the third time was to tell them to take a plea of 15 years or they would get 34 life sentences if and if they ever wanted to see the outside walls of a prison again they would take the... View More

James L. Arrasmith
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answered on Oct 8, 2024

Your situation sounds extremely challenging and may involve several legal violations. Being pressured into a plea deal without proper access to evidence or adequate legal representation can undermine the fairness of the trial process. The lack of disclosure of witness statements and limited... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?

I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2024

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for Oregon on
Q: Can a person I lived with until a no contact order was placed against me, legally say that my car and personal belonging

We're abandoned by me and give them away even though I was not allowed on the property without a civil officer which I was in process of obtaining within 48 hrs of being kicked out ? What are my right?

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the person you lived with cannot legally declare your car and personal belongings abandoned just because you're under a no-contact order. Being barred from the property doesn’t mean you’ve given up your rights to your possessions. You still have legal ownership over your... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: In Oregon State what is the criteria that needs to be met for malicious prosecution 18 rights violation s.o.l. exp 2x

My public defender attended the plea deal without my knowledge or consent then she tries to persuade me to take no contest makes it seem like I'm innocent when that's not true then she tells me I'll be found guilty absolutely no doubt found guilty by a jury of six peers long before... View More

James L. Arrasmith
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answered on Sep 19, 2024

In Oregon, for a claim of malicious prosecution, you generally need to prove that the original legal proceeding was initiated without probable cause, with malice, and that it ended in your favor. The prosecutor or other officials involved must have acted with the intent to cause harm or with... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: Oregon; Is it possible to get Theft I expunged on my own without a lawyer? How hard would it be?

It is from March 2018, only that one felony. I’m coming up on 7 years, I have no other charges, I finished my probation March 2020 and everything is paid off. I know I am able to do the process myself but what is the risk of doing it without a lawyer? Any other information you can give me on the... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Yes, it is possible to attempt to get a Theft I charge expunged without a lawyer, but the difficulty can vary significantly based your exact circumstances.

Typically, you might need to meet certain criteria like having completed all terms of your sentence (including probation or parole),...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Oregon on
Q: Would there be any consequences if I accidentally wrongfully suspect someone of stealing my cat and got police involved

My cat went missing after I moved back to my dad's house. I know you're supposed to keep cats indoors for a couple weeks after moving so they have time to process what's going on, but he got out prematurely and never came back. Knowing how smart and nervous he is I believe he... View More

James L. Arrasmith
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answered on Sep 11, 2024

If you wrongfully accuse someone of stealing your cat and involve the police, there could be some consequences, especially if the accusation turns out to be unfounded. If you genuinely believe someone has your cat, you can report it, but it's important to present your concerns carefully,... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: Legal Definition of Hit and Run w/ injury? And what are the duties of the driver involved in a crash?

I was involved in a 3 car minor crash, I hit the car in front of me at a light I was going maybe 2 miles an hour if that, the light was green for 3 seconds then turned red I wasn't paying attention in that exact moment causing me to hit the vehicle in front of me and him hitting the car in... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

In the context of Oregon law, which can be generalized to understand similar legal frameworks elsewhere, a "hit and run" with injury involves a driver leaving the scene of an accident where they have caused injury or death without fulfilling their legal obligations.

There might...
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1 Answer | Asked in Criminal Law and Civil Rights for Oregon on
Q: In July 1,2020 I was assaulted hit on side of head with some object on right head side,make me blackout?
James L. Arrasmith
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answered on Aug 31, 2024

I'm really sorry that happened to you. Getting hit on the head, especially hard enough to make you blackout, can be very serious. It's important to understand that even if you feel okay now, a blow like that can cause injuries that aren't immediately obvious.

You might have...
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1 Answer | Asked in Criminal Law and Constitutional Law for Oregon on
Q: Is hearsay enough to charge someone with manslaughter 1 in a gang related shooting
James L. Arrasmith
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answered on Aug 31, 2024

Hearsay alone is generally not enough to charge someone with Manslaughter 1 in Oregon. In criminal law, hearsay refers to an out-of-court statement offered to prove the truth of the matter asserted. Because hearsay is often unreliable, it is usually inadmissible in court, except under specific... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Oregon on
Q: my son was put in arizona maricopa prison under another name in 2021,is it false imprisonment?

xx is tge criminals name on my sons profile in prison. my sons name is actually (xxx) no one knows about what happened in maricopa arizona prison

James L. Arrasmith
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answered on Sep 1, 2024

If your son was placed in prison under another person's name, it could potentially be a case of mistaken identity or wrongful imprisonment. This situation might indicate serious administrative errors or even legal violations by the prison system or law enforcement. It's essential to act... View More

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