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Oregon Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Personal Injury and Criminal Law for Oregon on
Q: Can we sue a store if an employee assaulted my boyfriend after a shoplifting attempt?

I was involved in an incident at a store in Portland, Oregon, where my boyfriend attempted to shoplift but returned the item and apologized after a confrontation with a cashier. Afterward, the employee told him to leave, and as he was exiting, he made a remark that angered the employee. The... View More

James L. Arrasmith
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answered on Nov 6, 2025

Yes—you can pursue assault and battery claims against the employee, and you can also seek to hold the store liable. Under Oregon law, an employer can be vicariously liable (respondeat superior) when an employee commits a tort within the course and scope of employment; chasing a fleeing customer... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Appeals / Appellate Law for Oregon on
Q: Why was a warrant issued after FTA and is it preemptive?

I missed the November 3, 2025, pre-trial conference in Oregon, and as a result, the court designated a "Failure to Appear" and issued a warrant. I received no prior notification of these dates from my public defender or through any documentation. The comments from the court state... View More

James L. Arrasmith
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answered on Nov 5, 2025

A warrant is typically issued in Oregon when someone fails to appear for a scheduled court date, even if the absence was unintentional or due to lack of notice. The court views a missed appearance as a procedural default and issues a “Failure to Appear” (FTA) warrant to ensure the person... View More

1 Answer | Asked in Identity Theft, Criminal Law and Consumer Law for Oregon on
Q: Will a demurrer lead to dismissal if the indictment fails to state essential facts?

I was indicted for identity theft in Oregon, and it happened just one day before the statute of limitations expired. I am still in the pretrial phase. If I file a demurrer for failing to state the essential facts of the crime and the judge agrees with me, would a demurrer lead to a dismissal of the... View More

James L. Arrasmith
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answered on Oct 31, 2025

If your demurrer is granted because the indictment fails to state the essential facts of the crime, the case will be dismissed—but that dismissal may not necessarily be permanent. In Oregon, when a demurrer is sustained, the prosecution is often given the opportunity to amend or refile the... View More

1 Answer | Asked in Identity Theft, Criminal Law, Appeals / Appellate Law and Consumer Law for Oregon on
Q: Can I file a demurrer for identity theft charge over a credit card convenience check in Oregon?

I was indicted for identity theft in Oregon, allegedly for using someone's check, which was actually a credit card convenience check with a value over $1000. The indictment claims that I committed identity theft by deceptively obtaining or using personal identification related to the check.... View More

James L. Arrasmith
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answered on Oct 31, 2025

Yes, you can file a demurrer in Oregon if you believe the indictment fails to state essential facts that constitute a crime. In your situation, if the state is alleging identity theft based on the use of a credit card convenience check, the indictment should clearly identify the specific... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oregon on
Q: How to address false police report accusations and ensure fair treatment?

A few months ago, some kids falsely accused me of threatening them with a gun, leading to a police investigation that found I did nothing wrong. When I asked if charges would be filed against the kids for making a false report, the police were uncertain. Since then, I've noticed the police... View More

James L. Arrasmith
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answered on Oct 28, 2025

Dealing with false accusations and feeling targeted by law enforcement can be deeply unsettling. When a false police report leads to an investigation, but no wrongdoing is found, it’s natural to expect accountability for those who made the claim. Unfortunately, filing charges for a false report... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oregon on
Q: Received a warrant from California from 2006, now in Oregon. What should I do?

I have received a warrant from California dated 06/14/2006. I've been living in Oregon since December 2004 and was unaware of this warrant until I received a letter today. The letter suggests that I can go to the nearest county jail in Oregon to post bail. Do I need to contact the county in... View More

James L. Arrasmith
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answered on Oct 27, 2025

Start by confirming the warrant directly with the California court or the sheriff’s warrant unit that issued it—never rely on the letter alone. Ask for the case number, the exact charge, the bail amount, whether it carries a “no‑bail” or “extraditable” hold, and whether counsel can... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oregon on
Q: Should I be worried about police behavior & lack of response in Oregon?

I have been involved in some activities that may not be entirely legal to make ends meet. Recently, I've noticed unusual behavior from law enforcement, such as police avoiding pulling me over even when I'm significantly over the speed limit on the highway. I'm concerned about whether... View More

James L. Arrasmith
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answered on Oct 22, 2025

Your observations don’t, by themselves, prove you’re under active surveillance; they more likely reflect police discretion and resource triage. Officers often decline to initiate traffic stops when there are higher-priority calls, safety concerns, or pursuit restrictions, and that can look like... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Oregon on
Q: Will federal rights be restored after state-level misdemeanor treatment approval?

In 2009, I was convicted of non-violent felony charges in Jackson County, Oregon. Recently, these charges have been approved for misdemeanor treatment. I have completed all terms of my sentence. My question is, will my firearm and civil rights, such as the right to vote, be restored automatically... View More

James L. Arrasmith
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answered on Oct 17, 2025

Because your felony was judicially reduced to a Class A misdemeanor under ORS 161.705, you are ordinarily no longer disqualified as a “felon” under 18 U.S.C. § 922(g)(1); § 921(a)(20) excludes state misdemeanors punishable by two years or less and gives effect to state restorations. That... View More

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Personal Injury for Oregon on
Q: Teen restrained by family, seeking legal guidance on incident response.

I am a 17-year-old living with my mother, 20-year-old brother, and a non-relative adult. Recently, they physically restrained me to search my backpack. Despite my protests, they used force, including grabbing my arms, blocking doorways, and sitting on me to pin me down outside, which resulted in me... View More

James L. Arrasmith
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answered on Oct 8, 2025

What happened to you sounds frightening and unfair, and it’s important that you take steps to protect yourself and make sure your side of the story is heard. Since you’re a minor, the first thing you should do is document everything while the details are still clear. Write down exactly what... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: How long to get attorney after arrest for Burglary 1 in Oregon?

My friend was taken into custody yesterday in Oregon facing charges of Burglary 1, Assault 4, and Harassment. There has been no court hearing or bail set. How many days might it take to get an attorney appointed?

James L. Arrasmith
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answered on Oct 2, 2025

In Oregon, when someone is arrested on serious charges like Burglary 1, Assault 4, and Harassment, they must usually be brought before a judge for an initial appearance within 48 hours if they remain in custody. At that first appearance, the judge will review the charges, set bail or release... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Wanted for questioning on allegations of domestic violence and assault while on parole.

I am currently on parole for a prior violent offense after serving 18 years in prison. I have been out for a year and am now wanted for questioning regarding allegations of domestic violence. It is claimed that I pushed my girlfriend into a front door and kicked her. When I tried to retrieve my... View More

James L. Arrasmith
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answered on Sep 25, 2025

The first thing to understand is that any allegations of domestic violence while on parole are taken very seriously and can have immediate consequences for your parole status. You have the right to legal counsel before speaking with law enforcement, and it is strongly in your interest to exercise... View More

1 Answer | Asked in Criminal Law, Public Benefits and Gov & Administrative Law for Oregon on
Q: Seeking legal advice for surrendering on warrants with severe health issues and financial limitations in Oregon.

I am 66 years old and have two no-bail warrants out of Multnomah County for failing to appear (FTA). I'm also under investigation in Clackamas County regarding some theft allegations. I wish to surrender on the warrants but have life-threatening health issues, including CHF, CKD, DJD, and... View More

James L. Arrasmith
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answered on Sep 18, 2025

Given your serious health conditions and mobility limitations, it’s important to approach surrender with caution and proper legal support. You can request a public defender through the court since you are indigent; you are entitled to legal representation even if you cannot pay. Contact the... View More

1 Answer | Asked in Adoption, Child Support, Criminal Law and Family Law for Oregon on
Q: Can I face criminal charges for abandonment in Oregon?

In Oregon, my ex and I split up, and she moved away with our child when he was barely a year old. I haven't had much contact or relationship with my child, though my ex and I do get along. I've been unemployed for a while and there is a child support order in place. We are all in... View More

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answered on Sep 17, 2025

In Oregon, criminal abandonment typically involves willfully leaving a child without care or supervision, creating a risk of harm. Simply having limited contact with your child, being unemployed, or agreeing to an adoption does not usually meet the legal standard for criminal abandonment. The key... View More

1 Answer | Asked in Criminal Law, Social Security, Public Benefits and Elder Law for Oregon on
Q: Seeking pro bono attorney for voluntary surrender with health issues in Oregon.

I am 66 years old and dealing with severe health issues, including heart and kidney failure, degenerative joint disease, and severe peripheral neuropathy, for which I take multiple medications daily. I have an outstanding "failure to appear" warrant and wish to turn myself in voluntarily.... View More

James L. Arrasmith
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answered on Sep 13, 2025

You are in a difficult situation, and the most important step is to make sure you do not face this process alone. Given your health conditions, you need someone to stand before the court and explain why your circumstances require careful handling. A lawyer can help the court understand your medical... View More

1 Answer | Asked in Criminal Law and Elder Law for Oregon on
Q: Seeking pro bono attorney for voluntary surrender in Oregon due to warrants, severe health issues.

I am 66 years old, living in Oregon, and have outstanding warrants due to failure to appear (FTA) and some recent theft accusations. Due to my severe health issues, including heart and kidney failure requiring constant medication, I am looking to voluntarily surrender but cannot afford an attorney.... View More

James L. Arrasmith
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answered on Sep 12, 2025

You are facing a challenging situation that requires careful planning to protect your health while addressing legal obligations. Voluntarily surrendering can demonstrate cooperation, but given your serious medical conditions, it is important to have an attorney present to ensure the jail or court... View More

1 Answer | Asked in Criminal Law, Business Formation, Appeals / Appellate Law and Business Law for Oregon on
Q: Seeking guidance on obtaining a contractor's license in Oregon with a criminal history.

I have a criminal history that includes a robbery charge from 25 years ago and other Class C felonies from 8 years ago. Since then, I've graduated from college with a 3.85 GPA, achieving honors and demonstrating significant personal growth. I am now trying to start my own business and need to... View More

James L. Arrasmith
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answered on Sep 11, 2025

You can still apply for a contractor’s license in Oregon even with a criminal history. The licensing board reviews applications on a case-by-case basis and considers factors such as the nature of the offenses, how long ago they occurred, and evidence of rehabilitation and good character. Your... View More

2 Answers | Asked in Criminal Law and Internet Law for Oregon on
Q: Received inappropriate picture from minor, concerned about legal liability despite not requesting, saving, or sharing.

I received an inappropriate picture from a minor through social media. I did not request, save, or share the picture and have since blocked the account. I have also reported it to the social media platform. There has been no further contact, and I am unaware of any similar incidents. I am concerned... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Sep 9, 2025

It is unlikely that any charges would arise out of this, but if they did, you would be able to raise an affirmative defence to them. This defence can be raised only in narrow circumstances, namely temporarily possessing up to two such images that were were promptly deleted and/or reported to... View More

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1 Answer | Asked in Criminal Law for Oregon on
Q: Active warrant for 2017 possession charge. Should I get a lawyer?

I recently discovered there is an active warrant for my arrest due to a failure to appear for a 2017 possession charge involving Class B and Class C felony drug possession. I have been clean and sober for over two years and am currently in a medication-assisted treatment program, have my own... View More

James L. Arrasmith
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answered on Sep 11, 2025

Yes, you should get a lawyer before going to court. A lawyer can help you understand the active warrant, explain your options for reducing charges, and represent your interests when negotiating with the prosecutor. Given the felony nature of the possession charges and the fact that a warrant has... View More

1 Answer | Asked in Criminal Law and Family Law for Oregon on
Q: What is the statute of limitations for parental kidnapping in California?

I am inquiring about the statute of limitations for parental kidnapping in California. The alleged incident occurred approximately 30 years ago in L.A. County. At that time, I reported it to the Ontario Police Department, but there were no existing custody arrangements related to my situation.... View More

James L. Arrasmith
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answered on Sep 11, 2025

In California, parental kidnapping is generally treated under the law as “child abduction” or “custodial interference.” The statute of limitations depends on whether the case is considered a felony or misdemeanor. For felony custodial interference involving a child under 18, the statute of... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oregon on
Q: Received incorrect summons for harassment charge, unsure about upcoming court date.

I received a summons for a misdemeanor harassment charge related to unwanted touching when I tried to grab my wife's phone. The court date was scheduled for August 28, 2025, but when I contacted the county clerk’s office, they had no record of a hearing on that date. The police department... View More

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answered on Aug 31, 2025

It’s understandable to feel anxious with the conflicting information you’ve received. A summons with the wrong date creates confusion, but it doesn’t remove your obligation to appear once the correct date is set. Missing the actual hearing could result in a warrant, so it’s important to... View More

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