Oregon Criminal Law Questions & Answers

Q: Can a DVC from Wyoming be used in Oregon and made to take classes in Oregon if it didn't happen in Oregon

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Answered on Mar 17, 2019
Gregory L Abbott's answer
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 domestic violence classes before allowing you contact makes a great deal of sense and is protective in nature.

Q: Do you go to court to challenge a search warrant (call witnesses, etc) or submit the challenge in writing?

1 Answer | Asked in Criminal Law for Oregon on
Answered on Mar 5, 2019
Greg Freeze's answer
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 knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable...

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

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Answered on Mar 1, 2019
Greg Freeze's answer
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 will have to "check in" with the DA upstairs to let them know that you appeared. You then get a different date. This type of situation may happen in other courts as well.

For the local court...

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

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Answered on Jan 22, 2019
M. Nicole Clooten's answer
What was the basis of the action at the shelter hearing?

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

1 Answer | Asked in Criminal Law for Oregon on
Answered on Jan 17, 2019
Brandon C. Foy's answer
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 practice law there, but the following is a summary of some of the options you may have under Oregon Law depending on the circumstances:

1) File a Set Aside Motion ("Expunction") under ORS 137.225:...

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

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
No, they won't take the baby away. You will also very likely test clean by the time you give birth.

Q: Can a felon own black powder guns in oregon

1 Answer | Asked in Criminal Law and Civil Litigation for Oregon on
Answered on Dec 6, 2018
Daniel DiCicco's answer
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. "

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

1 Answer | Asked in Criminal Law for Oregon on
Answered on Dec 4, 2018
Daniel DiCicco's answer
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.

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

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Answered on Dec 4, 2018
Daniel DiCicco's answer
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 better than a conviction.

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

1 Answer | Asked in Criminal Law for Oregon on
Answered on Nov 6, 2018
Gary Kollin's answer
wikipedia and other sources which you may google are available on the internet

Q: What can happen to me?

1 Answer | Asked in Criminal Law and Car Accidents for Oregon on
Answered on Oct 23, 2018
Brandon C. Foy's answer
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 you with your legal matter, and entitles you to an initial consultation of up to 30 minutes for a maximum fee of $35. Any fees attorneys charge beyond the initial consultation, however, are not set and...

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

1 Answer | Asked in Bankruptcy, Criminal Law and Federal Crimes for Oregon on
Answered on Oct 17, 2018
Timothy Denison's answer
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.

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?

1 Answer | Asked in Criminal Law for Oregon on
Answered on Oct 16, 2018
Gary Kollin's answer
I think you are probably spinning your wheels for nothing. I doubt that the safe is still in their possession

Q: Is anything stopping me from going home?

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oregon on
Answered on Oct 2, 2018
Jessica Larsen's answer
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 distributed your assets between the two of you. You would also be prevented from returning home if you are in the process of dissolution and the judge has awarded exclusive use of the house to your wife. In...

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

1 Answer | Asked in Criminal Law for Oregon on
Answered on Sep 24, 2018
Gary Kollin's answer
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?

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.

1 Answer | Asked in Criminal Law, Family Law and Adoption for Oregon on
Answered on Sep 9, 2018
Joanne Reisman's answer
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.

Q: what are our options?

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Oregon on
Answered on Aug 3, 2018
Joanne Reisman's answer
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 evaluation and inpatient treatment if that is prescribed. It sounds like she already has two children and she is only 16?????? You might want to Petition the court to appoint you as the legal...

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

1 Answer | Asked in Criminal Law, Divorce, Real Estate Law and Landlord - Tenant for Oregon on
Answered on Jul 13, 2018
Gregory L Abbott's answer
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.

Q: I'll try making this question short and too the point without dragging on with tiny details, only facts. On Jan

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Oregon on
Answered on May 4, 2018
Jared Justice's answer
This is an incredibly frustrating situation. Unfortunately, bad advice is not a defense. However it can be incredibly mitigating.

The notice issue could possibly be a defense, but, most of the time when someone is convicted of a DUII they sign a suspension notice right there in court.

Q: Do character reference letters get read out loud during sentencing

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Answered on Mar 21, 2018
Kenneth Kahn II's answer
Character counts. When the judge meets you, they're meeting you for the first time. Never miss a chance to make a first impression. Dress respectfully. Bring witnesses who can speak out loud about your good character. Have your lawyer read reference letters out loud. They should be read slowly, so their content can be clearly heard and understood by the judge. Remember, all the judge knows about you is what they've read in the accusations. This is a chance to tell them more. As a...

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