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Oregon Criminal Law Questions & Answers
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
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
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
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
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
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... Read more »

Daniel DiCicco
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... 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
Gary Kollin answered on Nov 6, 2018

wikipedia and other sources which you may google are available on the internet

1 Answer | Asked in Criminal Law and Car Accidents for Oregon on
Q: What can happen to me?

I was a passenger in a single vehicle accident. The driver fled but its my truck and I panicked and fled too. The truck flipped but no other cars were involved. I live in Hermiston, Umatilla County, Oregon

Brandon C. Foy
Brandon C. Foy answered on Oct 23, 2018

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... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law and Federal Crimes for Oregon on
Q: Does a bank have the authority to sale my land and home while I'm incarcerated and not inform me ?

I was incarcerated in sc for 9 months in 2004ish and I owed the bank $100,000.00. My home was almost built and was worth at the time $400,000.00 but when I got out it was gone. Was that legal or was it most likely sold for what I owed and someone just got a awesome deal or was there a way that the... Read more »

Timothy Denison
Timothy Denison answered on Oct 17, 2018

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.

1 Answer | Asked in Criminal Law for Oregon on
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?

The police came because my friends brother set off a firework. My safe was on the beach, unlocked but not open. The police opened it without my permission and took it with them. Now that weed is legal, is there a way I can get my stuff back without getting in trouble?

Gary Kollin
Gary Kollin answered on Oct 16, 2018

I think you are probably spinning your wheels for nothing. I doubt that the safe is still in their possession

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oregon on
Q: Is anything stopping me from going home?

I'm under investigation as a "sexual offender" which is bogus, I haven't been charged in almost three weeks, the voluntary 10-day non-contact agreement DHS had me sign expired a week ago, no restraining order, but my wife got "emergency custody" due to the... Read more »

Jessica Larsen
Jessica Larsen answered on Oct 2, 2018

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... Read more »

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1 Answer | Asked in Criminal Law for Oregon on
Q: How does US v Miller support the decision in the Heller case? It seems to do the opposite to me.

Miller was used to support both the ruling opinion and the dissent. How do you extract that the prefatory clause is non-essential to the amendment based on the previous ruling in Miller? Looking for some help in my high school law class. Thanks! I'm supposed to consult anyone's that might know.

Gary Kollin
Gary Kollin answered on Sep 24, 2018

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?

1 Answer | Asked in Criminal Law, Family Law and Adoption for Oregon on
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.

His grandma will never allow this so he wants to just leave and come to me in Massachusetts.. If he does will either of us be in legal trouble?

Joanne Reisman
Joanne Reisman answered on Sep 9, 2018

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.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Oregon on
Q: what are our options?

me and my wife were assaulted by our oldest duaghter who is 16. we have a total of 4 kids including her 2 of which have special needs who witnessed the incident and traumatized by it. we called 911 police came and refused to arrest our daughter even though there was clear marks on both my wife and... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 3, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Divorce, Real Estate Law and Landlord - Tenant for Oregon on
Q: How to get ex husband out of marital home if he's still on mortgage

I was awarded the home in the divorce, he is currently residing in the house and I need to get him out. I cannot get it refinanced because he is refusing to let the appraisers on the property.

Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2018

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.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Oregon on
Q: I'll try making this question short and too the point without dragging on with tiny details, only facts. On Jan

Jan second said person got convicted of duii for illegal drugs. He knew his licence was suspended and so not driving, then a week ago he was told by a police officer face to face he was valid to drive, said person confirmed this three times in the week via phoning the dmv. Tonight he was pulled... Read more »

Jared Justice
Jared Justice answered on May 4, 2018

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Do character reference letters get read out loud during sentencing

If read out loud it will hurt my relationship with my family

Kenneth Kahn II
Kenneth Kahn II answered on Mar 21, 2018

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... Read more »

2 Answers | Asked in Criminal Law, Employment Law, Libel & Slander and Personal Injury for Oregon on
Q: guy we were working for assaulted one of our workers 2x and now refuses to pay us. Says we are trying to extort

He also shoved his way into the camper we were living in and broke our stuff in the process of the 2nd assault. He is also trying to say we stole 10g worth of stuff that he said we could have and we got out of the dumpster. He refuses to pay and says he is keeping everything I purchased for the job... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 6, 2018

Hard to follow exactly what happened. If he assaulted you, you can sue for battery. If you were an employee, you can sue for the back wages and a penalty wage. If you were an independent contractor, you can sue for breach of contract.

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1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Arbitration / Mediation Law for Oregon on
Q: Is it illegal to walk out of a nail salon without paying if you received terrible or incomplete service

Our appointment was for a full set and pedicure and waxing. We got a pedicure and waxed but the salon skipped over us for the full set and said we had to come back over an hour later if we still wanted it done. They were being very rude to us and it was embarrassing so we just stopped arguing with... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 12, 2018

You got some service so you should at least offer to pay for the part of the service you got.

1 Answer | Asked in Criminal Law and Juvenile Law for Oregon on
Q: I am 18 and on probation . I want to move in with my girlfriend. My probation does not specifically say I can't move?

My probation does not specifically say I must stay with My foster parents.

Joanne Reisman
Joanne Reisman answered on Jan 26, 2018

I don't know what your legal question is. You either can or can't move in with your girlfriend. Sounds like you should get clarification from either your criminal defense attorney or from whoever is supervising your probation. Remember that your terms of probation can be changed. The... Read more »

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