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Oregon Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and White Collar Crime for Oregon on
Q: How do I sue my mother in law for my father's property?

She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.

My father told us girls that we would get his property when he passed away.

She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.

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1 Answer | Asked in Criminal Law and Personal Injury for Oregon on
Q: What kind of a lawyer do I need for a vandal case?

My car was vandalized by my ex what recourse do I have

Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 23, 2020

Options:

1) If you have insurance coverage you can make a claim with your own insurance company and pay the deductible.

2) If you have proof such as an admission, video or witnesses or saw the event yourself you could make a police report and hope they do something. If she is...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Oregon on
Q: My son was written up for reckless driving after running a stop sign on a country road. Fine is $6250.

This fine is devastating and seems way out of line with the infraction. There was no one at the intersection (except the officer), he was driving under the speed limit, and he made a conscious decision when he saw the stop sign that it would be safer to drive through it than to slam on the breaks.... Read more »

Jared Justice
Jared Justice answered on Jul 10, 2020

That fine is the maximum fine for a class A misdemeanor.

Typically, that is not the fine that is imposed (at least I have never seen it/heard about it being imposed).

Your son would be wise to get an attorney, prior to his court date. In my opinion, it is usually best to find an...
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1 Answer | Asked in Criminal Law for Oregon on
Q: charged me 5 cents for a paper

I was making a purchase in a Chevron convenient store located in Dexter Oregon and they charged me 5 cents for a paper bag that was from WinCo is that against the law especially during this whole Corona virus epidemic

Tim Akpinar
Tim Akpinar answered on Jul 10, 2020

An Oregon consumer rights attorney could advise best, but your post remains open for two weeks. That rule is being implemented by cities all over the nation and is more closely tied to recycling/waste reduction than to the pandemic. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law for Oregon on
Q: Can a 15 yr old boy date an 18 yr old girl in the state of Oregon she is not 18 yet but will be in a couple months
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 18, 2020

Date, yes. Have sex, no, he is 15. Potentially there is a defense under the Romeo/Juliet rules, but it is illegal and not worth the potential sex offender tag for the rest of your life.

1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for Oregon on
Q: To force Police to provide as FOIA on a closed murder case how can i find a person to do that in Oregon

Murder 2013 solved audio and CCTV from Police is wanted

Gabriel A Watson
Gabriel A Watson answered on May 16, 2020

FOIA requests can generally be made by any person to any federal agency, but requests can also be denied for any number of reasons. If you are requesting information from a local police department, this is often done using a public information request.

Unfortunately, although anyone can...
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1 Answer | Asked in Criminal Law for Oregon on
Q: Is it crime for a convicted felon to own black powder/muzzle loaded firearms/Antique firearm in the state of oregon
Shawn A Kollie
Shawn A Kollie answered on Apr 27, 2020

No. A black powder or muzzle-loader is considered a 'firearm' under Oregon law. Unlike federal law, Oregon views these types of 'antique firearms' the same as any other firearm. They do not differentiate between these types of firearms. You would have to have your rights... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: I have a no contact order w/someone I work with and our schedules overlap. Can I continue working?
Gregory L Abbott
Gregory L Abbott answered on Apr 11, 2020

I am not clear whether the Order restrains you or the other person. Regardless, whichever of you is restrained is prohibited from contact with the other - and that includes at work. Violate the Order and that person is likely to end up in jail.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Oregon on
Q: In Oregon we have a ban on events of 25 or more. Would an event location with room for 3+ feet between people work?

Here is an how i see it

4. [...] I am prohibiting[...] gatherings of 25 people or more. This prohibition applies statewide.

5. [...] this Executive Order include, but are not limited to, any[...] events or activities, if a distance of at least three (3) feet between individuals... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Oregon on
Q: I was in small claims court mediation and Plaintiff communicated she had recorded our conversations, unknown to me.

Can a Plaintiff use recorded conversation as evidence in a small claims trial, if the recorded conversation was obtained without the knowledge of the Defendants?

Gregory L Abbott
Gregory L Abbott answered on Feb 4, 2020

Anything said in court sponsored mediation is inadmissible at trial.

1 Answer | Asked in Criminal Law for Oregon on
Q: Can an attorney file papers for a Motion to Set Aside for you for free if they were the original attorney?

I had a friend who wanted a conviction off his record. I went with him to speak to an attorney I recommended. At one point the attorney told my friend he could go back to the original attorney that represented him on the case that resulted in the conviction and that attorney would do the Motion to... Read more »

Shawn A Kollie
Shawn A Kollie answered on Jan 6, 2020

It is almost never free to set aside cases. It can cost anywhere from $700-$800 for the attorneys fees. Its a fairly simplistic process. You do not have to, and most folks do not go back to the original attorney who handled the case.

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Oregon on
Q: what I step I have to take if my son of 14yrs old is kiss several times in different days in his mouth for 23 yrs old
Joanne Reisman
Joanne Reisman answered on Dec 18, 2019

Your statement doesn't makes sense. Please post again with proper grammar so that we know what your question is.

1 Answer | Asked in Criminal Law for Oregon on
Q: I had a felony drug charge back in 1991 in Ca. I am a resident of Oregon, am I eligible to have my gun rights restored.
Shawn A Kollie
Shawn A Kollie answered on Dec 16, 2019

You may petition to restore your Oregon gun rights from Oregon. That allows you to have firearms under Oregon law, and obtain an Oregon Concealed Handgun License. It would not fully restore your federal rights, as the feds require restoration in the jurisdiction of conviction. So this would... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 4, 2019

Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: The cops say theres a warrant for someones arrest but then why when i do a search is there nothing found.

And if it doesn't come up can the person be arrested? And if they are what should they do?

Gary Kollin
Gary Kollin answered on Oct 9, 2019

warrants are generally on public sites but instead kept with the confidential NCIC system

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Oregon on
Q: my brother killed himself with his girlfriends gun, she left it out. Her ex killed himself too. she didnt call the cops

is there anything we can do to make sure there is not a third person this will happen to

Joanne Reisman
Joanne Reisman answered on Sep 28, 2019

This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... Read more »

3 Answers | Asked in Criminal Law, Contracts and Business Law for Oregon on
Q: Is this a civil or criminal issue?

I was working with a guy on his business. I created a website for him and I was working on a crowdfunding campaign for him. I guess I didn't complete the project fast enough for him and now he is saying he is gonna press charges on me for fraud and theft and contacted a lawyer. Is this a civil... Read more »

Gary Kollin
Gary Kollin answered on Sep 24, 2019

Generally, fraud in a commercial matter only occurs when the prosecution can prove that you never intended to do the work or had a history of not performing work

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on
Q: Landlord is charging a late fee of 1200 when our rent is only 878

Hello my landlord takes rent off for cleaning work. For the last 6 months he is supposed to clear the dept off of cozy.com this month i told we won't pay the rent till it's cleared. Now he posted a 3 day late fee of 1200 when the rent is only 878

Gregory L Abbott
Gregory L Abbott answered on Sep 15, 2019

It is a bit unclear what you mean that he posted a 3 day late fee notice. 72 hour notices can only be used for demanding payment of rent - and only rent, NOT including late fees, utility charges, fees, etc. Including non-rent charges in a 72 hr notice renders the notice defective and... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Oregon on
Q: Can my ex-husband dictate who can and cannot administer ADHD meds to our son in my home?

I have my extremely mature and responsible 16 yr old niece watching my kids before school (she will graduate from high school with an associates degree at 18). She gives my son his Adderall which is a controlled substance (she has an exemplary record of administering ADHD meds for 2 years with... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 8, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: I was just arrested for harassment against my girlfriend.she filed a restraining order.she later requested that it be

Dropped because she lied about it all. I have a 48 month suspended sentence. Should I go to trial

Gary Kollin
Gary Kollin answered on Sep 5, 2019

You need an attorney.

Dear Doctor. I just passed out and hit my head. I think I might have diabetes. Could you diagnose me over the internet?

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