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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.... View More

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Whether you can continue to use medical marijuana while entering a diversion program largely depends on the specific terms and conditions of the program you're enrolled in and the laws of the state you reside in. Diversion programs are alternatives to traditional criminal proceedings and often... View More

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

First, and foremost, consider yourself blessed that nothing worse happened and your daughter is alright and safe, as are you. Second, the fact you "don't remember anything about the incident" is troubling. But, it highlights the seriousness of what occurred. The fact that you were... View More

Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.

This process... View More

First things first, get a defense attorney for her. A first appearance in Oregon for a case like this is usually the arraignment. At the arraignment, an Oregon attorney would usually reserve their clients' rights by making specific statements to the judge on the record and ask for future dates... View More

The local prosecutor reviews criminal citations issued by officers and is responsible for filing them with the court if they wish to pursue criminal charges. The officer likely said it will probably dropped based on prior instances where the prosecutor did not file a DUI case with a BAC at, near,... View More

Generally speaking the custodial parent makes the decisions about day to day care of the child and does not need the other parents consent. But I don't know what your custody/parenting time order says so that may or may not follow this general rule. You can always go to court and get a... View More

You certainly can receive additional charges of Recklessly Endangering in a child is in the vehicle. It generally matters on how the driving was, and how impaired the driver was. Having a child in the car can also make someone ineligible for Diversion in Oregon which makes the punishment... View More

No, your case is not likely dismissed. Some busy courts, like Lane County Circuit Court, run so late in getting the DUII cases on the docket, that defendants often show up and the District Attorney's Office isn't ready for the arraignment. In that situation, the case isn't on the... View More

Generally no, when the court enters the terms of the plea agreement into the system, it becomes permanent. There are always exception to the rules, an attorney can go through your specific facts to determine if an exception applies.

It will depend on the court. One of two things will happen, the bench warrant will be removed and a date will be set or you will be taken into custody until bail is posted if available to you.

I think it is a bad idea to represent yourself. DUIs can be more complicated than meets the eye. I believe that you have an excellent case based on what you're saying here; it's possible that the state won't even charge the case. Likely, even. However, if they DO charge the case then... View More

You are not going to get the case dismissed, though it does sound like you have a decent case. I have represented a lot of individuals in your shoes and what makes your case stand out to me is that you blew a .05, which is very low. Was this in Portland? You should have a court date coming up quite... View More

You will not face any problems. She will have to deal with the DUI charge through the normal channels. It's a very common charge and in most cases a first time offense can be resolved without a criminal conviction. This is called "DUI Diversion" and while it is a bit of a pain in... View More

You need to speak with a DUII attorney as soon as possible. It sounds like (from your question) that you are thinking about doing this alone. You should re-think that, even if you are eligible for diversion.

Getting into diversion is not the hard part of dealing with a first time DUII... View More

This is something that does tend to happen (some places are worse than others). You should hire a lawyer to go over your case with you and try to monitor the case as carefully as possible.

One thing you do not want to do is bring attention to the situation. It is pretty rare that... View More

This is an incredibly frustrating situation. Unfortunately, bad advice is not a defense. However it can be incredibly mitigating.

The notice issue could possibly be a defense, but, most of the time when someone is convicted of a DUII they sign a suspension notice right there in court.