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Oregon Criminal Law Questions & Answers

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 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 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 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 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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1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on

Q: I was cite and release and givin court date showed up for indictment but not on the docket is my case dismissed

Is my case dismissed or is there chance of secret indictment

Greg Freeze answered on Mar 1, 2019

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 docket and you... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on

Q: If CPS illegally took my child can you sue at any time before or after trial?

My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.

Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... Read more »

M. Nicole Clooten answered on Jan 22, 2019

What was the basis of the action at the shelter hearing?

1 Answer | Asked in Criminal Law for Oregon on

Q: have a felony convictions in oregon for burg 2 one in California for burg 2 20 years ago would like restore gun rit

Brandon C. Foy answered on Jan 17, 2019

Contact attorneys in Oregon and Washington that practice in expunction/expungement and felony rights restoration. You may need two separate attorneys unless you can find one licensed to practice in both states. I cannot speak for your options under Washington law because I am not licensed to... Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on

Q: Will they take my baby away if she tests positive for THC when I give birth?

I’m 16, and 30wks pregnant. I Smoked until about 28wks.

Daniel DiCicco answered on Jan 2, 2019

No, they won't take the baby away. You will also very likely test clean by the time you give birth.

1 Answer | Asked in Criminal Law and Civil Litigation for Oregon on

Q: Can a felon own black powder guns in oregon

Daniel DiCicco answered on Dec 6, 2018

A black powder gun counts as a firearm. "Firearm means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. "

1 Answer | Asked in Criminal Law for Oregon on

Q: I was charged for multiple forgeries. Recently, I found they are past the statute of limitations. Do they Dismiss?

It’s gone on for a long time. I definitely and obviously did not do this.

Daniel DiCicco answered on Dec 4, 2018

It's likely that you are completely in the clear. If the statute of limitations has passed without a charge being filed then that is the end of it. Rest easy.

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on

Q: Am i in Trouble and is my friend in deep trouble?

Hi i live in the state of oregon. My friend is 45 and I am 18. She was drinking before she came and picked me up and I didn't know she was until we got pulled over. They made her do some test outside the car and arrested her. They then asked me if I was drinking and I said no. They asked me for my... Read more »

Daniel DiCicco answered on Dec 4, 2018

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 the butt, it's... Read more »

1 Answer | Asked in Criminal Law for Oregon on

Q: What does "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the..."?

I understand that corruption of blood bars a person from inheriting, retaining, or transmitting any estate, rank, or title; but I don't understand what is meant by work corruption of blood, or forfeiture. I'm hoping for a way to get a basic understanding of this.

Gary Kollin answered on Nov 6, 2018

wikipedia and other sources which you may google are available on the internet

1 Answer | Asked in Criminal Law and Car Accidents for Oregon on

Q: What can happen to me?

I was a passenger in a single vehicle accident. The driver fled but its my truck and I panicked and fled too. The truck flipped but no other cars were involved. I live in Hermiston, Umatilla County, Oregon

Brandon C. Foy answered on Oct 23, 2018

You should not post online about or otherwise discuss this incident with anyone until you speak privately with an attorney. You can seek one out on your own, or you can contact the Oregon State Bar's Lawyer Referral Service. This service can refer you to a local lawyer who might be able to assist... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law and Federal Crimes for Oregon on

Q: Does a bank have the authority to sale my land and home while I'm incarcerated and not inform me ?

I was incarcerated in sc for 9 months in 2004ish and I owed the bank $100,000.00. My home was almost built and was worth at the time $400,000.00 but when I got out it was gone. Was that legal or was it most likely sold for what I owed and someone just got a awesome deal or was there a way that the... Read more »

Timothy Denison answered on Oct 17, 2018

You need to have an attorney look into this ASAP. There are many obstacles that must be satisfied, plus additional ones if you were in jail, to foreclose in property. If you were not notified, you may have a claim.

1 Answer | Asked in Criminal Law for Oregon on

Q: Back in 2013 in Oregon at the beach, my safe of marijuana was seized but was never tied back to me. Can I get it back?

The police came because my friends brother set off a firework. My safe was on the beach, unlocked but not open. The police opened it without my permission and took it with them. Now that weed is legal, is there a way I can get my stuff back without getting in trouble?

Gary Kollin answered on Oct 16, 2018

I think you are probably spinning your wheels for nothing. I doubt that the safe is still in their possession

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oregon on

Q: Is anything stopping me from going home?

I'm under investigation as a "sexual offender" which is bogus, I haven't been charged in almost three weeks, the voluntary 10-day non-contact agreement DHS had me sign expired a week ago, no restraining order, but my wife got "emergency custody" due to the investigation, and I haven't been able to... Read more »

Jessica Larsen answered on Oct 2, 2018

If you have criminal charges pending against you, you cannot have contact with the alleged victim due to an automatic no contact order that is imposed at the beginning of a criminal case. The house is still marital property, unless there was a legal separation or dissolution proceeding that... Read more »

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1 Answer | Asked in Criminal Law for Oregon on

Q: How does US v Miller support the decision in the Heller case? It seems to do the opposite to me.

Miller was used to support both the ruling opinion and the dissent. How do you extract that the prefatory clause is non-essential to the amendment based on the previous ruling in Miller? Looking for some help in my high school law class. Thanks! I'm supposed to consult anyone's that might know.

Gary Kollin answered on Sep 24, 2018

Is it approved for you to seekanswers from lawyers in order to complete your assignment?

Are yu doing the work or you asking for someone to do the work for you?

1 Answer | Asked in Criminal Law, Family Law and Adoption for Oregon on

Q: My son was adopted by his paternal grand parents when he was 7. Now at almost 17 he wants to come live with me.

His grandma will never allow this so he wants to just leave and come to me in Massachusetts.. If he does will either of us be in legal trouble?

Joanne Reisman answered on Sep 9, 2018

Why risk being charged with custodial inference? When he turns 18 he can live anywhere he wants. Just tell him you have a room waiting for him when he turns 18 and he can stay as long as you both want.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Oregon on

Q: what are our options?

me and my wife were assaulted by our oldest duaghter who is 16. we have a total of 4 kids including her 2 of which have special needs who witnessed the incident and traumatized by it. we called 911 police came and refused to arrest our daughter even though there was clear marks on both my wife and... Read more »

Joanne Reisman answered on Aug 3, 2018

If your daughter is a minor in your custody you have the legal right to commit her for a psychiatric evaluation or to put her in some type of institution that works with problem children. You would have to figure out how to pay for these services. Your health insurance might cover the psychiatric... Read more »

1 Answer | Asked in Criminal Law, Divorce, Real Estate Law and Landlord - Tenant for Oregon on

Q: How to get ex husband out of marital home if he's still on mortgage

I was awarded the home in the divorce, he is currently residing in the house and I need to get him out. I cannot get it refinanced because he is refusing to let the appraisers on the property.

Gregory L Abbott answered on Jul 13, 2018

Depending upon the exact facts, you may need to file a lawsuit to have him ejected. You should also talk to your divorce attorney to see if there is a way to get him found in contempt of court.

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