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Oregon Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?

I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2024

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: Legal Definition of Hit and Run w/ injury? And what are the duties of the driver involved in a crash?

I was involved in a 3 car minor crash, I hit the car in front of me at a light I was going maybe 2 miles an hour if that, the light was green for 3 seconds then turned red I wasn't paying attention in that exact moment causing me to hit the vehicle in front of me and him hitting the car in... View More

Calvin A. Knickerbocker III
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answered on Sep 13, 2024

In the context of Oregon law, which can be generalized to understand similar legal frameworks elsewhere, a "hit and run" with injury involves a driver leaving the scene of an accident where they have caused injury or death without fulfilling their legal obligations.

There might...
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1 Answer | Asked in Criminal Law for Oregon on
Q: Oregon; Is it possible to get Theft I expunged on my own without a lawyer? How hard would it be?

It is from March 2018, only that one felony. I’m coming up on 7 years, I have no other charges, I finished my probation March 2020 and everything is paid off. I know I am able to do the process myself but what is the risk of doing it without a lawyer? Any other information you can give me on the... View More

Calvin A. Knickerbocker III
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answered on Sep 12, 2024

Yes, it is possible to attempt to get a Theft I charge expunged without a lawyer, but the difficulty can vary significantly based your exact circumstances.

Typically, you might need to meet certain criteria like having completed all terms of your sentence (including probation or parole),...
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2 Answers | Asked in Animal / Dog Law and Criminal Law for Oregon on
Q: If you return a stolen dog in oregon can you still be charged
Jina Ly Clark
Jina Ly Clark
answered on Sep 4, 2024

I suggest you exercise your right to remain silent if you stole the dog. If you think returning the dog would cause too many questions, you could have someone you trust return the dog for you without making any statements. The dog owner will likely be grateful for the return of the dog. If you... View More

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2 Answers | Asked in Animal / Dog Law and Criminal Law for Oregon on
Q: If you return a stolen dog in oregon can you still be charged
Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

Of course you can - if you stole it to begin with. But you are a lot less likely to be charged and if you are, it likely would be a reduced charge or the D.A. is likely to agree to a much more favorable plea bargain than they would if you knowingly refuse to return the dog you stole.

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2 Answers | Asked in Civil Rights and Criminal Law for Oregon on
Q: Can I be charged for anything inside of my backpack if it was searched by my mom and given to the police?

I bought the backpack with my own money last year, and had no knowledge that she would be searching it. She just walked into my room, grabbed it, brought it into her own room, searched it, and shouted that she was going to call the police whenever she discovered that I had about 2 grams of weed in... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

Yes. If your mother discovered a bag of weed in your bag and reported that to police, police had grounds to legally search your bag.

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1 Answer | Asked in Criminal Law and Federal Crimes for Oregon on
Q: How can I be charged for a crime I did not commit?

my boyfriend‘s house was rated and I was told I wasn’t in any trouble so I followed the detective up to the house and two cops came out and asked me who’s gun was in the safe and I said I didn’t know when they arrested me, how can I be charged for something that I knew nothing about And... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it seems you're in a complex legal situation. Here's a general overview of how someone might be charged for a crime they claim not to have committed:

1. Association: Being present at a crime scene or associating with individuals involved in...
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1 Answer | Asked in Criminal Law for Oregon on
Q: How is a person being charged with a tampering with a witness charge when the original charge is dismissed
James L. Arrasmith
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answered on May 27, 2024

A person can still be charged with tampering with a witness even if the original charge is dismissed because witness tampering is considered a separate criminal offense. The legal system treats tampering with a witness very seriously as it can interfere with the integrity of the judicial process.... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oregon on
Q: Why are Court of Appeals documents online for expunged criminal cases?

I live in Oregon and recently had two criminal cases expunged, yet when I Google my name the first hit is for Justia which shows a copy of the Oregon Court of Appeals decision which broadcasts to the world that I was charged with crimes that I did not commit. Doesn't this defeat the purpose of... View More

Michael I. Leonard
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answered on May 2, 2024

You make a very good point, and having that published decision out there defeats the purpose of your expungement efforts. However, the problem is that, once a Court issues an Opinion it is public - and it cannot be revoked or hidden just because the Defendant has now had his conviction expunged.

2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

You could search online or check with local and state bar associations for attorneys. There is a feature above, "Find a Lawyer," which lists attorneys by region and area of practice. Despite the false accusations, from your description, it doesn't sound like you should have too much... View More

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2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

James L. Arrasmith
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answered on May 1, 2024

Finding an affordable bankruptcy attorney for a Chapter 7 filing can be crucial in efficiently managing your financial situation. You may want to consider reaching out to local legal aid organizations as they often provide free or low-cost services. Additionally, contacting your state's bar... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Oregon on
Q: I lost my post conviction in oregon how long before my court of appeals'? Can I be part of my case with important inform

Will my attorney get ahold of me before my court date , I have only spoke on the phone once, I feel like they have forgot about me

James L. Arrasmith
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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....
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1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Oregon on
Q: If inwas hit by a drunk driver almost 3 years ago as a passenger in car hit by DD with no Insurance can I still get paid

My liver, both kidneys were lacerated I was Internamky bleeding. Was asleep when the accident happened Ed woke up 2 days later in the hospital. Got subpoenad to court a d it was rescheduled showed up a second time t hey said they were gonna reschedule it again and then I never heard from them at all

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

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

1 Answer | Asked in Criminal Law, Internet Law, Civil Rights and Libel & Slander for Oregon on
Q: Is this slander? Man takes our pic & posts on fb with several false allegations & hundreds of people seeing and comment

Flew drone 2 find dog it died and random man came outside taking our picture well larer in evening we come accross our picture being blasted and several people saying heinous things due to the nasty words he posted with our picture apparently a neighbors weed got taken over a month ago and hes... View More

James L. Arrasmith
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answered on Mar 8, 2024

If someone takes your picture without consent and posts it online with false allegations, this could potentially fall under slander or defamation, depending on the nature of the comments and the jurisdiction. Defamation involves making false statements about someone to a third party, causing harm... View More

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Oregon on
Q: can I get sole custody of my daughter , my future ex-wife is under criminal investigation

she also moved to another state

T. Augustus Claus
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answered on Mar 1, 2024

In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in... View More

1 Answer | Asked in Civil Rights, Criminal Law and Collections for Oregon on
Q: How can I dispute a 7,000 overpayment with oregon dept of human svcs from 4/1/1995 - 1/31/1998.

I was charged with a theft one I pled guilty in 1999 but I was backed into a corner by my attorney who didnt help me. I changed attorneys 1 time but the judge wouldn't let me change attorneys again and he stated i could take it up on appeal. I was mentally tired but I wanted to go to trial... View More

James L. Arrasmith
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answered on Feb 24, 2024

To dispute the overpayment with the Oregon Department of Human Services (DHS), you may need to gather evidence and documentation to support your case. Start by requesting detailed records from the DHS regarding the overpayment, including any documents or information that show how the amount was... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Currently have a court appointed lawyer who’s not really doing his job. The charge I face as well as the no contact orde

Order could of been dropped the same day I hade my hearing in jail. The alleged victim is trying to set the story straight based off information the police got on hearsay and it’s effecting our lives big time. My girlfriend is pregnant and needs me to be there for but with the no contact order in... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

If you truly don't get along with your court appointed attorney, ask the Judge for a different one. Court appointed defense attorneys are how indigent defendants are taken care of and are paid by the State. Why would any other attorney volunteer their time and not be paid when you have a... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oregon on
Q: My bf in custody 30d w/no atty. Chrg from 2020, 21, 22- 4 ctcp(1), uumv(2) & psv(2) he didn't do. DA givg 58/mo! Plz hlp

Oregon, has had 2 court dates xcld & don't know why to get an atty & same judge keeps xcld it & is keeps hire public def he fired last year

James L. Arrasmith
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answered on Jan 21, 2024

In Oregon, it's crucial for anyone in custody, especially facing serious charges, to have legal representation. If your boyfriend has been in custody for 30 days without an attorney and his court dates have been canceled, this needs immediate attention.

First, if he's not...
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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Oregon on
Q: I was wrongfuly convicted of a crime and later won my appeal. I want to sue the state which can be explained to a lawyer

Financial hardship, mental abuse, child endangerment, harassment, sexual abuse. Child trauma, emotional distress, all these things happened to me and my children

James L. Arrasmith
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answered on Jan 18, 2024

If you were wrongfully convicted of a crime in Oregon but later won your appeal, you may have grounds to pursue legal action against the state for the hardships and trauma you and your children experienced. Wrongful convictions can lead to significant emotional, financial, and reputational damages,... View More

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