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Oregon Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Native American Law for Oregon on
Q: I believe discrimination bcuz of my name. Tribal Pension (exempt) can't disqualify me for SSA benefits still no Pymt.

Tribal Pension not recognized as income and therefore cannot be used as a income disqualifier for Social Security Benefits- pursuant to findings in order determined by Administrative Law Judge.

Other tribal members do not have their Tribal Pension used as a disqualifier for benefits only... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 16, 2023

If you believe that you are being discriminated against based on your name or any other protected characteristic, you may have legal options available to you.

One possible option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency,...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Probate and Small Claims for Oregon on
Q: What can I do and where do I start? Is this legal?

In Douglas county Oregon I moved my stuff in a storage unit in June 2021 that was owned by a friend of a friend. It was agreed I would pay $60 a month and I ended up paying for three months the day I moved everything in just because I had the extra cash at the time. we never wrote anything out and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Mar 12, 2023

With no question posed, there is nothing to respond to.

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Education Law for Oregon on
Q: Is it illegal in Oregon to tell someone to kill themself? what if the person told makes an attempt?

An 8th grader told another 8th grader to kill themself on two separate occasions. This was in person on school grounds. The 8th grader who was told to do it made an attempt. Are there any legal consequences for the 8th grader who made the statement? Does it matter that the 8th grader who attempted... Read more »

Brad  Holbrook
Brad Holbrook PRO label
answered on Mar 1, 2023

You asked if there are legal consequences for the 8th grader for telling someone to kill themselves. I don't think there is a "Yes" or "No" answer. I would suggest that most likely, "No", because an 8th grader is not likely to fully appreciate the severity of what... Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Oregon on
Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?

Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?

TMI: Mom and Dad (80+ yo) are verbally and emotionally... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 14, 2023

I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Why would the oregon state police send me certified mail?

I was cited for a dui by the state police and also had my car impounded. I am waiting to go to court on it this month. Why would they send me certified mail?

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

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

1 Answer | Asked in Criminal Law for Oregon on
Q: Is the defense required to submit items the client has provided for an opinion as discovery if it wont be used in trial?

I emailed a full version of a partial video the prosecutor already has in possession that is evidence to my case. I did this to ask her opinion on if it would help with my defense. She is now saying she is required to submit it as discovery even though I do not want to use it. is this true?

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

I assume that you are a prosecution witness or the complainant. The prosecutor is required to disclose all relevant evidence to the defense, including your video, or she can be sanctioned.

1 Answer | Asked in Civil Litigation and Criminal Law for Oregon on
Q: Can a business in oregon, allocate theft on you and force you to leave. Then ban you from all of there stores. Innocent.

Entered, began shopping. After a short time, the manager comes up and says she has me on camera with a sound bar shoved down my pants.

Then says so I'm going to have to ask you to leave.

Confused, I say, I don't think so; can I see the video. She showed. The video depicts... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

An Oregon criminal defense attorney could analyze this best, but your question remains open for three weeks. Until you're able to consult with a local attorney, it may be best to stay away from that store. They could create bigger headaches for you than the loss of store points. Good luck

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Oregon on
Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)

We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2022

Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: I Do I have to claim a criminal charge from 1997 today on a job application. The charge was a measure 11 charge.

No other convictions at all since 1997

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

In Oregon, it is possibly unlawful for a potential employer to inquire about your criminal history at the application stage. However, there is nothing that states how far back in your criminal history an employer can consider, once they are allowed to consider your employment history.... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: I was awarded restitution in a duii case why is the state collecting my damages

How did the state of oregon become the debtor in my accident and how do i get the restitution owed to me.

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2022

I'm sorry your question remains open for two weeks. This may be something that an Oregon criminal defense attorney would have better insight into than a personal injury attorney. There's no guarantee all questions on this forum are ultimately picked up; some do go unanswered. But you... Read more »

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Oregon on
Q: Hi, I am looking for an Immigration attorney with expertise in Marijuana related offense, need to file a waiver.

Hi, I am looking for an Immigration attorney with expertise in Marijuana related offense, need to file a waiver. I-485 based petition.

George K Gomez
George K Gomez
answered on Mar 1, 2022

You should immediately speak to an immigration lawyer and discuss the details surrounding the marijuana related offense as said details will determine whether you are even eligible for a waiver. Not only can a conviction for certain marijuana offenses render you inadmissible and therefore... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: Son been in jail since Jan 22, and hasn’t talk to a lawyer yet, is this against his rights

His pod has COVID. Thing keep getting postponed.

Richard W. Noel
Richard W. Noel
answered on Feb 16, 2022

In my jurisdiction it is extremely common for pods to get COVID and as a result everyone's court dates got postponed for a long time. Speedy trial rules were suspended at the start of the pandemic here. I'd guess similar things happened in most.

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Oregon on
Q: Does one have a chance to come back to U.S. after being deported for aggravated felonies if mother is a U.S. Citizen?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

In my opinion after a removal for several aggravated felonies convictions the chances of being permitted for admission to the United States are nil, notwithstanding the legal status of immediate family members in the U.S.

1 Answer | Asked in Criminal Law for Oregon on
Q: Would it be legal to make and sell manipulated images of US currency as NFTs?

The images would be color, one-sided, based on real denominations, without the treasury seal included. The manipulation would consist of expanding the bill into a large square and including added pictures. There is no intent to print them or pass them as real. Thank you.

Gabriel A Watson
Gabriel A Watson
answered on Oct 11, 2021

This could get tricky and run anyone down a number of legal rabbit holes. But all things being equal, if you were doing this as art, and not passing the manipulations (for lack of a better term) as currency or counterfeit...I don't think you'd be in trouble for what you're proposing.... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: 1. How do I get a dui and reckless endangermeant reduced?2. How am I able to get neglect taken off my record?

I was charged with a dui and reckless endangermeant while I was on my prescription medication I didn't have an accident but was swerving on the highway with my daughter in the backseat. I don't remember anything about the incident. I have much more details about the case and that day but... Read more »

Virgil Royer
Virgil Royer
answered on Sep 4, 2021

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... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on
Q: My land lord gave me 5 eviction 2 no cause the apartment had a water leak took them 8 months to fix molded floors

None licensed person fix but used other products now it’s falling apart stove didn’t work fridge too I had to buy a fridge we had an arbitrator he slept threw the whole thing and took him 57 days to give a tilling to the landlord I have pics of the entire thing now the city inspected a... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 30, 2021

It is unclear what, if anything, you are asking. You apparently already have an attorney and they are the person to talk with - they know your case better than anyone reading a few paragraphs in an on-line forum. If you no longer trust your attorney, fire them and get a new one that you do trust.

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