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Oregon Criminal Law Questions & Answers
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 Judge to... 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?

2 Answers | Asked in Domestic Violence and Criminal Law for Oregon on
Q: My boyfriend was arrested for domestic violence and I am not filing charges but the state is. He did not hit me.

We argued and police came after he left and my face was red from crying they said he did it and wouldn't listen to me at all. Now there's a no contact order. We are homeless and he is my saftey at night he makes sure I eat and makes sure we have a place to sleep. They arrested him without reading... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 10, 2019

The bottom line is you cannot make this go away, only the District Attorney or the Judge can. It maybe that the D.A. will not pursue the case, particularly if you do not cooperate, but it is up to them. You can talk with your boyfriend's attorney to see if you can help with his defense but again,... Read more »

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1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Oregon on
Q: By law in Oregon.Do I have preceed a civil suit against my best friend for shoveing me and leaving bruises?

I don't want him in jail or fined.

Gregory L Abbott
Gregory L Abbott answered on Jul 25, 2019

Your question is a bit confusing. You have no legal obligation to report anything to the Police if you do not wish to. Once reported however, control of the matter is out of your hands and the district attorney will decide whether they wish to proceed with criminal charges (though they may have... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Oregon on
Q: Can police lie to you to gain entry to your home?

If it is not legal do them to do so is the evidence they locate admissible?

Gary Kollin
Gary Kollin answered on Jul 16, 2019

Yes

2 Answers | Asked in Criminal Law for Oregon on
Q: I payed to have my background checked while trying to purchase a handgun from a retail store. I read a question wrong.

I marked no instead of yes. I turned it in and was denied. And then I had two officers tell me that they could arrest me for a simple mistake. They say I committed a crime of false swearing. I think it's ridiculous that they gave me a ticket and now I have court. Is there any way of me be able to... Read more »

Gary Kollin
Gary Kollin answered on Jul 4, 2019

First tell them you didn't know it was "paid" instead of "payed."

Then retain a lawyer

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1 Answer | Asked in Criminal Law and Identity Theft for Oregon on
Q: If you get charged with 2 class c felonies in Oregon over 13 years ago can you get a Concealed weapons permit
Shawn A Kollie
Shawn A Kollie answered on Jun 27, 2019

You can only get a CHL under Oregon law if you have expunged those old felonies, or had a statutory restoration under ORS 166.274. Either of those options would restore your rights and allow you to obtain a CHL. Speak with a knowledgeable attorney about the process to get started.

1 Answer | Asked in Criminal Law for Oregon on
Q: I have a signed paper stating that I am the legal owner of a van, the title isn't in yet. Will the police accept this?

I purchased a van and it went into my boyfriends name because we used his auction account to purchase the van. The title is going to my post office box and I have a signed paper with a copy of his ID stating that I am the legal owner of the van. He took off with my key and refuses to give it to me.... Read more »

Gary Kollin
Gary Kollin answered on Jun 1, 2019

There is only one way to definitely find out

1 Answer | Asked in Criminal Law and Immigration Law for Oregon on
Q: Should we stop K1 (fiance visa) and start F1/J1 (student) visa when petitioner is under criminal investigation?

Hello,

My fiance has filed a petition for me to come to the US to marry. We are now a month away from the fiance visa interview in my home country (Vietnam). He is now under criminal investigation. Likely he may be arrested in July 2019. We are now considering to cancel the K1 - fiance visa... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 9, 2019

We cannot recommend that you come to the US on either of those visas unless you have a legitimate claim to either one.

There is nothing that would necessarily keep you from coming on a K-1 visa, unless the crime for which might be convicted involved sexual abuse. If not, he can still file...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Can a DVC from Wyoming be used in Oregon and made to take classes in Oregon if it didn't happen in Oregon

Boyfriend is getting out of Prison in Oregon on drug charges but p.o. is saying that we can't have contact untill he does class for domestic violence charge that happen in Wyoming with his ex wife in 2015 but was not convicted can they do that

Gregory L Abbott
Gregory L Abbott answered on Mar 17, 2019

Most likely yes. If he wants to get out of prison early, he must agree to comply with and be under the supervision of a parole officer. That officer has great latitude and authority to require his parolees to do a variety of things and certainly insisting upon the successful completion of... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: Do you go to court to challenge a search warrant (call witnesses, etc) or submit the challenge in writing?
Greg Freeze
Greg Freeze answered on Mar 5, 2019

Challenging a search warrant begins with a motion to suppress. The classic case that is nearing 30,000 citations from other cases in the country is Franks v. Delaware. Here is quote from that case.

"... where the defendant makes a substantial preliminary showing that a false statement...
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