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Oregon Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on

Q: Landlord is charging a late fee of 1200 when our rent is only 878

Hello my landlord takes rent off for cleaning work. For the last 6 months he is supposed to clear the dept off of cozy.com this month i told we won't pay the rent till it's cleared. Now he posted a 3 day late fee of 1200 when the rent is only 878

Gregory L Abbott answered on Sep 15, 2019

It is a bit unclear what you mean that he posted a 3 day late fee notice. 72 hour notices can only be used for demanding payment of rent - and only rent, NOT including late fees, utility charges, fees, etc. Including non-rent charges in a 72 hr notice renders the notice defective and... Read more »

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

Q: Can my ex-husband dictate who can and cannot administer ADHD meds to our son in my home?

I have my extremely mature and responsible 16 yr old niece watching my kids before school (she will graduate from high school with an associates degree at 18). She gives my son his Adderall which is a controlled substance (she has an exemplary record of administering ADHD meds for 2 years with... Read more »

Joanne Reisman answered on Sep 8, 2019

Generally speaking the custodial parent makes the decisions about day to day care of the child and does not need the other parents consent. But I don't know what your custody/parenting time order says so that may or may not follow this general rule. You can always go to court and get a Judge to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on

Q: I was just arrested for harassment against my girlfriend.she filed a restraining order.she later requested that it be

Dropped because she lied about it all. I have a 48 month suspended sentence. Should I go to trial

Gary Kollin answered on Sep 5, 2019

You need an attorney.

Dear Doctor. I just passed out and hit my head. I think I might have diabetes. Could you diagnose me over the internet?

2 Answers | Asked in Domestic Violence and Criminal Law for Oregon on

Q: My boyfriend was arrested for domestic violence and I am not filing charges but the state is. He did not hit me.

We argued and police came after he left and my face was red from crying they said he did it and wouldn't listen to me at all. Now there's a no contact order. We are homeless and he is my saftey at night he makes sure I eat and makes sure we have a place to sleep. They arrested him without reading... Read more »

Gregory L Abbott answered on Aug 10, 2019

The bottom line is you cannot make this go away, only the District Attorney or the Judge can. It maybe that the D.A. will not pursue the case, particularly if you do not cooperate, but it is up to them. You can talk with your boyfriend's attorney to see if you can help with his defense but again,... Read more »

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1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Oregon on

Q: By law in Oregon.Do I have preceed a civil suit against my best friend for shoveing me and leaving bruises?

I don't want him in jail or fined.

Gregory L Abbott answered on Jul 25, 2019

Your question is a bit confusing. You have no legal obligation to report anything to the Police if you do not wish to. Once reported however, control of the matter is out of your hands and the district attorney will decide whether they wish to proceed with criminal charges (though they may have... Read more »

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

Q: Can police lie to you to gain entry to your home?

If it is not legal do them to do so is the evidence they locate admissible?

Gary Kollin answered on Jul 16, 2019

Yes

2 Answers | Asked in Criminal Law for Oregon on

Q: I payed to have my background checked while trying to purchase a handgun from a retail store. I read a question wrong.

I marked no instead of yes. I turned it in and was denied. And then I had two officers tell me that they could arrest me for a simple mistake. They say I committed a crime of false swearing. I think it's ridiculous that they gave me a ticket and now I have court. Is there any way of me be able to... Read more »

Gary Kollin answered on Jul 4, 2019

First tell them you didn't know it was "paid" instead of "payed."

Then retain a lawyer

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1 Answer | Asked in Criminal Law and Identity Theft for Oregon on

Q: If you get charged with 2 class c felonies in Oregon over 13 years ago can you get a Concealed weapons permit

Shawn A Kollie answered on Jun 27, 2019

You can only get a CHL under Oregon law if you have expunged those old felonies, or had a statutory restoration under ORS 166.274. Either of those options would restore your rights and allow you to obtain a CHL. Speak with a knowledgeable attorney about the process to get started.

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

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