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Oregon Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Oregon on
Q: How charged with criminal trespass and Burg 2 iv was kicked out of my home for more than 10 months n never went back to

I was recently kicked out of my house after 25 years when my dad passed all my stuff was gone out of there and I was not there when they removed whoever was in the house I was never step foot back on the property and I never had anything on the property after I am being charged with a broke too and... Read more »

0 Answers | Asked in Criminal Law for Oregon on
Q: how can the material elements of crimes vary to allow for multiple prosecutions for the same acts or similar offesnses

i am a student and cannot find any information that puts these two together

1 Answer | Asked in Contracts, Criminal Law, Probate and Small Claims for Oregon on
Q: What can I do and where do I start? Is this legal?

In Douglas county Oregon I moved my stuff in a storage unit in June 2021 that was owned by a friend of a friend. It was agreed I would pay $60 a month and I ended up paying for three months the day I moved everything in just because I had the extra cash at the time. we never wrote anything out and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Mar 12, 2023

With no question posed, there is nothing to respond to.

1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: I got arrested for drawing blood on the other person but fight for self defense can the other person get arrested

I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense

Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could... Read more »

0 Answers | Asked in Criminal Law and Traffic Tickets for Oregon on
Q: I am facing a criminal driving while suspended in oregon. What sentence am I likely to get?

My license was suspended due to 2 charges of unauthorized use of a motor vehicle. I am currently on a suspended sentence and now low supervision probation. My p.o did not sanction me for this. I am a recovering addict and have changed my entire life around, made one bad decision to drive (have not... Read more »

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Oregon on
Q: In 2008 I was convicted by a 10-2 jury in oregon. I appealed that conviction based on the 6th amendment but was denied

14 years later Oregon passed bill 1511 and in January of 2023 the Oregon Supreme Court ruled not only is it unconstitutional to be convicted by a non unanimous jury it is also retroactive. How do i get that case addressed and find post conviction relief for it? it was a posession charge and I am... Read more »

0 Answers | Asked in Criminal Law and Traffic Tickets for Oregon on
Q: My wife was pulled over for not using signal ,passed FST and searched against her will by a male officer can they dothat

After treating her like crap she was cited for no insurance she doesn't drink she was very humiliatiated by the body search

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Education Law for Oregon on
Q: Is it illegal in Oregon to tell someone to kill themself? what if the person told makes an attempt?

An 8th grader told another 8th grader to kill themself on two separate occasions. This was in person on school grounds. The 8th grader who was told to do it made an attempt. Are there any legal consequences for the 8th grader who made the statement? Does it matter that the 8th grader who attempted... Read more »

Brad  Holbrook
Brad Holbrook PRO label
answered on Mar 1, 2023

You asked if there are legal consequences for the 8th grader for telling someone to kill themselves. I don't think there is a "Yes" or "No" answer. I would suggest that most likely, "No", because an 8th grader is not likely to fully appreciate the severity of what... Read more »

0 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Criminal Law for Oregon on
Q: I had 2 storage units that were sold with out notice. The business then created false documents to cover it up

I have enough proof that they are scammers what would be the first step in a claim against them ? Police ? Consumer rights?DA? Civil suit? What is best to tackle this and hold them liable as well as charges against them for the fraud? They created false documents with fake notary signature and fake... Read more »

0 Answers | Asked in Criminal Law for Oregon on
Q: is a warrant nessesary to search a home or should they ask for it at your door for a stolen trail cam?

16+ officers searched yard & home for a simple trail camera? Is this legal?

0 Answers | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Oregon on
Q: Why allow a person who was charged to re appeal?

Evidence to prove charges has been proven.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Oregon on
Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?

Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?

TMI: Mom and Dad (80+ yo) are verbally and emotionally... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 14, 2023

I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: Is the defense required to submit items the client has provided for an opinion as discovery if it wont be used in trial?

I emailed a full version of a partial video the prosecutor already has in possession that is evidence to my case. I did this to ask her opinion on if it would help with my defense. She is now saying she is required to submit it as discovery even though I do not want to use it. is this true?

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

I assume that you are a prosecution witness or the complainant. The prosecutor is required to disclose all relevant evidence to the defense, including your video, or she can be sanctioned.

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Why would the oregon state police send me certified mail?

I was cited for a dui by the state police and also had my car impounded. I am waiting to go to court on it this month. Why would they send me certified mail?

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

To have written confirmation that you were notified of the enclosed document.

1 Answer | Asked in Civil Litigation and Criminal Law for Oregon on
Q: Can a business in oregon, allocate theft on you and force you to leave. Then ban you from all of there stores. Innocent.

Entered, began shopping. After a short time, the manager comes up and says she has me on camera with a sound bar shoved down my pants.

Then says so I'm going to have to ask you to leave.

Confused, I say, I don't think so; can I see the video. She showed. The video depicts... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

An Oregon criminal defense attorney could analyze this best, but your question remains open for three weeks. Until you're able to consult with a local attorney, it may be best to stay away from that store. They could create bigger headaches for you than the loss of store points. Good luck

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Oregon on
Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)

We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2022

Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: I Do I have to claim a criminal charge from 1997 today on a job application. The charge was a measure 11 charge.

No other convictions at all since 1997

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

In Oregon, it is possibly unlawful for a potential employer to inquire about your criminal history at the application stage. However, there is nothing that states how far back in your criminal history an employer can consider, once they are allowed to consider your employment history.... Read more »

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