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Oregon Criminal Law Questions & Answers
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

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Oregon on
Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?

The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I... View More

James L. Arrasmith
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answered on Dec 31, 2023

In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Oregon on
Q: Title stolen and person forged my signature to chang3 to there name

Ex step son stole my title and gave it and truck to a friend who forged my signature on title and back dated. I have proof but police won't Doba report told me to let it go . It's about 200k in property that was taken. And dmv said they would get the title changed back but need a police... View More

T. Augustus Claus
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answered on Nov 15, 2023

In Oregon, theft and forgery are both felonies. This means that they are serious crimes that can result in significant penalties, including prison time. If you can prove that your ex-step son stole your truck and forged your signature on the title, you may be able to get him arrested and charged... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Oregon on
Q: Rent a center threats

Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More

Jim Boness
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answered on Oct 19, 2023

As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.

As far as any rights to keep the...
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1 Answer | Asked in Criminal Law for Oregon on
Q: My husband is wanted for forgery and check fraud in another state. Will he get extradited? He has a bail
T. Augustus Claus
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answered on Oct 6, 2023

Whether or not a person is extradited for offenses like forgery and check fraud depends on several factors, including the seriousness of the charges, the jurisdiction's willingness to pay for the extradition, and the specific details of the warrant and bail conditions. If your husband has a... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: How do I go about getting a felony in 2011 dropped down to a misdemeanor for state of montana
T. Augustus Claus
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answered on Sep 6, 2023

To seek the reduction of a felony conviction to a misdemeanor in Montana, you should consult with a criminal defense attorney first. They will assess your eligibility, guide you through the process, and help you file a petition with the court. This petition should outline the reasons for the... View More

1 Answer | Asked in Personal Injury and Criminal Law for Oregon on
Q: How long after the assault do u have to report it to the police in Oregon

Last night was assaulted by another and physical injury happened and I called the next morning less than 12 hours after the incident and was told by police portland police that I can't report it or make one due to time elapsed

T. Augustus Claus
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answered on Sep 6, 2023

In Oregon, there is no strict time limit for reporting an assault to the police. However, it's generally recommended to report such incidents as soon as possible to ensure that evidence is fresh, witnesses are available, and the investigation can proceed effectively. While you made the report... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Oregon on
Q: My 2254 habeas was dissmised now on pacer it says awaiting amended complaint? What does this. Mean
James L. Arrasmith
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answered on Sep 11, 2023

In the context of your 28 U.S.C. § 2254 habeas corpus petition being dismissed, seeing "awaiting amended complaint" on PACER signals that the court is giving you an opportunity to amend your petition to address the deficiencies that led to the dismissal.

In general terms, when a...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Oregon on
Q: My 2254 habeas was dissmised now on pacer it says awaiting amended complaint? What does this. Mean
T. Augustus Claus
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answered on Sep 4, 2023

When you see the status "awaiting amended complaint" in the context of a habeas corpus petition, it typically means that the court has dismissed your initial petition but is allowing you the opportunity to file an amended or corrected complaint. This can happen when the court finds... View More

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1 Answer | Asked in Criminal Law for Oregon on
Q: how do i file a petition to receive my gun rights back? is a motion and a petition the same thing?

is there anyone i can contact to have this done that wont cost $1000's

T. Augustus Claus
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answered on Jul 12, 2023

You will need to follow a specific legal process. Start by determining your eligibility by reviewing Oregon's laws regarding the restoration of gun rights. Once you confirm your eligibility, obtain the necessary forms from your local circuit court or their website. Fill out the petition, File... View More

3 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for Oregon on
Q: What can I do about someone that looked up my past record and is telling people about it?

She also installed a surveillance camera to secretly take pictures in the tack room at the private equine boarding facility. I found the camera and there were no signs stating I was being filmed. What can I do?

James L. Arrasmith
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answered on Jul 11, 2023

If someone is spreading rumors about you based on your past record, you can take legal action against them for defamation. You can also try to speak to the person who is spreading the rumors and ask them to stop. If someone installed a surveillance camera without your knowledge or consent, you may... View More

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3 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for Oregon on
Q: What can I do about someone that looked up my past record and is telling people about it?

She also installed a surveillance camera to secretly take pictures in the tack room at the private equine boarding facility. I found the camera and there were no signs stating I was being filmed. What can I do?

T. Augustus Claus
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answered on Jul 10, 2023

If their actions violate specific laws or regulations, you can file a formal complaint with the appropriate authorities, such as the police or local privacy commission. Additionally, if the individual's actions have caused you harm, you may have grounds for a civil lawsuit to seek compensation... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Personal Injury for Oregon on
Q: I signed a contract under duress in a suicidal psychotic state that can be verified by my doctor. Can it be dismissed?

I signed a document under duress during a bipolar episode which my doctor can verify.

An animal shelter OBTAINED PROPERTY of pecuniary significance (a doctor prescribed emotional support animal) BY FALSE PRETENSE from an incapacitated person (in a mixed suicidal depressive psychotic state).... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2023

You are not likely to be able to disavow the contract and even if you did, it sounds like it cannot be reversed at this point. The most you are likely to possibly have is a claim for the market value of your now deceased cat - i.e. replacement cost. Unfortunately, in the legal world, pets are not... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: Boyfriend got dv charges due to my ptsd response from ex husband. How do we get charges dropped.

My ex was very violent. Me and my current got in a very heated argument and I went into fight or flight because of ptsd. My current restrained me during the incident and some bruising was caused because of my struggle. I called the cops while still in a hysterical ptsd state of mind. I have mental... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 17, 2023

Sorry but it is not up to you whether the charges are dropped or if the District Attorney proceeds to trial and attempts to get a criminal conviction. Actions have consequences - both for you and for him. You can talk to his criminal defense attorney if you wish to see what, if anything, you can... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: my mom is recording me the videos are me telling her I don't like it she says she will send them to people is that legal

my mom is constaltly recording me and threatening to send them to people that would include the police and the videos arent even bad it just me telling her I don't like what she is doing and after she hurt me and I have a scar from it she got a video of my crying and she says she will send... View More

Todd B. Kotler
Todd B. Kotler
answered on May 22, 2023

Assuming you are clothed during these videos and are not otherwise involved in illegal activities, they are legal. Your mother is within her rights to record a conversation between the two of you. Oregon law is more murky as to whether she can record you when she is not part of the conversation.... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: I got arrested for drawing blood on the other person but fight for self defense can the other person get arrested

I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense

Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could... View More

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... View More

Brad  Holbrook
Brad Holbrook
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... View 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... View 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... View More

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