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Oregon Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: So I have an attorney and I have a strangulation charge on my autistic daughter who is 33 she was having a tantrum

I used a move taught to me for this called ois when do I give my evidence to the DA I went through the 705 page discovery and told my lawyer what is what for each page did a color chart sent my evidence but when does the DA get it..I'm innocent I can prove I did exactly what I was trained to... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 10, 2024

First, you don't seem to post a question for anyone to answer. Second, regardless you should be asking ALL questions to your existing attorney - they are the most qualified to answer and know the details of your case. Finally, you should NOT post any of the details on line. Prosecutors can... View More

0 Answers | Asked in Criminal Law and Federal Crimes for Oregon on
Q: How can I be charged for a crime I did not commit?

my boyfriend‘s house was rated and I was told I wasn’t in any trouble so I followed the detective up to the house and two cops came out and asked me who’s gun was in the safe and I said I didn’t know when they arrested me, how can I be charged for something that I knew nothing about And... View More

0 Answers | Asked in Criminal Law for Oregon on
Q: How long would my fiance get if he was a b3 and had a class B felony and a C felony and it was a DV plz can u tell me

Charges where assault in the second degree, felony strangulation, menacing and assault 4. This is a dv case

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: My husband is autistic, recently took a plea deal for dv.

In april, my husband (40) and daughter (15) we're having an argument about her avoiding her chores. She went into the bathroom, laid on the floor and kicked the bathroom door, breaking it. When my husband went in to see what was going on, she kicked him, then got up off the floor and hit him... View More

Gregory L Abbott
Gregory L Abbott
answered on May 30, 2024

This, and most other questions are best asked of his criminal defense attorney. They are much more familiar with the case details as well as have likely discussed the matter with the District Attorney's office who is prosecuting the case.

0 Answers | Asked in Criminal Law for Oregon on
Q: What can a convicted felon use in Oregon for self defense?

Oregon statutes prevent the use of items like pepper spray and tasers for felons

0 Answers | Asked in Estate Planning, Criminal Law, Elder Law and Probate for Oregon on
Q: Is a remote or contingent beneficiary have any RIGHT to accounting or knowledge under OREGON STATUTE, if not in trust ?

Former trustee/thieving cousin that resigned after stealing 2.3 mil in timber, cash, property, now is nosing around after my father died because he was the only primary income beneficiary, which now makes us(my brother and i) primary beneficiaries of trust whatever is left after her thievery. She... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: How is a person being charged with a tampering with a witness charge when the original charge is dismissed
James L. Arrasmith
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answered on May 27, 2024

A person can still be charged with tampering with a witness even if the original charge is dismissed because witness tampering is considered a separate criminal offense. The legal system treats tampering with a witness very seriously as it can interfere with the integrity of the judicial process.... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oregon on
Q: Why are Court of Appeals documents online for expunged criminal cases?

I live in Oregon and recently had two criminal cases expunged, yet when I Google my name the first hit is for Justia which shows a copy of the Oregon Court of Appeals decision which broadcasts to the world that I was charged with crimes that I did not commit. Doesn't this defeat the purpose of... View More

Michael I. Leonard
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answered on May 2, 2024

You make a very good point, and having that published decision out there defeats the purpose of your expungement efforts. However, the problem is that, once a Court issues an Opinion it is public - and it cannot be revoked or hidden just because the Defendant has now had his conviction expunged.

2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

James L. Arrasmith
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answered on May 1, 2024

Finding an affordable bankruptcy attorney for a Chapter 7 filing can be crucial in efficiently managing your financial situation. You may want to consider reaching out to local legal aid organizations as they often provide free or low-cost services. Additionally, contacting your state's bar... View More

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1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Oregon on
Q: Neighbor is stalking/harassing me. Judge denied SPO due to no violence. Can I sue in small claims or seek injunction?

I have evidence of my neighbor stalking me as he shows up everywhere I go within 10-15mns. He's tracking not following me but haven't found the gps device yet. It's daily & he's relentless. The cops even went to his house & told him to stop plus avoid me which did... View More

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

Of course you can sue in circuit or small claims court. Can you win? Not likely on the facts presented.

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Oregon on
Q: I lost my post conviction in oregon how long before my court of appeals'? Can I be part of my case with important inform

Will my attorney get ahold of me before my court date , I have only spoke on the phone once, I feel like they have forgot about me

James L. Arrasmith
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answered on Apr 3, 2024

I understand your concern about the progress of your court of appeals case and the communication with your attorney. The timeline for a court of appeals case can vary depending on the specifics of your case and the workload of the court. However, here are some general points to consider:

1....
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1 Answer | Asked in Criminal Law, Internet Law, Civil Rights and Libel & Slander for Oregon on
Q: Is this slander? Man takes our pic & posts on fb with several false allegations & hundreds of people seeing and comment

Flew drone 2 find dog it died and random man came outside taking our picture well larer in evening we come accross our picture being blasted and several people saying heinous things due to the nasty words he posted with our picture apparently a neighbors weed got taken over a month ago and hes... View More

James L. Arrasmith
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answered on Mar 8, 2024

If someone takes your picture without consent and posts it online with false allegations, this could potentially fall under slander or defamation, depending on the nature of the comments and the jurisdiction. Defamation involves making false statements about someone to a third party, causing harm... View More

1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Oregon on
Q: If inwas hit by a drunk driver almost 3 years ago as a passenger in car hit by DD with no Insurance can I still get paid

My liver, both kidneys were lacerated I was Internamky bleeding. Was asleep when the accident happened Ed woke up 2 days later in the hospital. Got subpoenad to court a d it was rescheduled showed up a second time t hey said they were gonna reschedule it again and then I never heard from them at all

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

An Oregon attorney must advise you here, but you await a response for two weeks. Based on available information from various online sources, which the public can readily find, it appears that the statute of limitations is generally two years for personal injury claims. Again, only a local attorney... View More

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Oregon on
Q: can I get sole custody of my daughter , my future ex-wife is under criminal investigation

she also moved to another state

T. Augustus Claus
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answered on Mar 1, 2024

In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: No contact order w an ex / Co defendant,he wemt 2 jail for sneakin out of rehab but it wasn't me he seen but saying I di

No dv etc. Both on probation.

T. Augustus Claus
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answered on Mar 1, 2024

In Oregon, if there is a no-contact order in place between co-defendants and one party is accused of violating that order, it's crucial to establish the facts around the alleged violation. If your ex/co-defendant went to jail for sneaking out of rehab and is falsely claiming to have seen you,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Currently have a court appointed lawyer who’s not really doing his job. The charge I face as well as the no contact orde

Order could of been dropped the same day I hade my hearing in jail. The alleged victim is trying to set the story straight based off information the police got on hearsay and it’s effecting our lives big time. My girlfriend is pregnant and needs me to be there for but with the no contact order in... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

If you truly don't get along with your court appointed attorney, ask the Judge for a different one. Court appointed defense attorneys are how indigent defendants are taken care of and are paid by the State. Why would any other attorney volunteer their time and not be paid when you have a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: I was arrested for assault against my ex how do I Go about claiming self defense?

He has been arrested 3 times for abusing me, I've lost everything my home my friends and if I'm convicted I will lose my ability to be a caregiver in the us

Gregory L Abbott
Gregory L Abbott
answered on Feb 10, 2024

This is a question for your defense attorney. You should not post anything about the incident online and only talk with your attorney about it. Your freedom could be at stake.

1 Answer | Asked in Civil Rights, Criminal Law and Collections for Oregon on
Q: How can I dispute a 7,000 overpayment with oregon dept of human svcs from 4/1/1995 - 1/31/1998.

I was charged with a theft one I pled guilty in 1999 but I was backed into a corner by my attorney who didnt help me. I changed attorneys 1 time but the judge wouldn't let me change attorneys again and he stated i could take it up on appeal. I was mentally tired but I wanted to go to trial... View More

James L. Arrasmith
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answered on Feb 24, 2024

To dispute the overpayment with the Oregon Department of Human Services (DHS), you may need to gather evidence and documentation to support your case. Start by requesting detailed records from the DHS regarding the overpayment, including any documents or information that show how the amount was... View More

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