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Oregon Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Why would the oregon state police send me certified mail?

I was cited for a dui by the state police and also had my car impounded. I am waiting to go to court on it this month. Why would they send me certified mail?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

To have written confirmation that you were notified of the enclosed document.

1 Answer | Asked in Criminal Law for Oregon on
Q: Is the defense required to submit items the client has provided for an opinion as discovery if it wont be used in trial?

I emailed a full version of a partial video the prosecutor already has in possession that is evidence to my case. I did this to ask her opinion on if it would help with my defense. She is now saying she is required to submit it as discovery even though I do not want to use it. is this true?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

I assume that you are a prosecution witness or the complainant. The prosecutor is required to disclose all relevant evidence to the defense, including your video, or she can be sanctioned.

1 Answer | Asked in Civil Litigation and Criminal Law for Oregon on
Q: Can a business in oregon, allocate theft on you and force you to leave. Then ban you from all of there stores. Innocent.

Entered, began shopping. After a short time, the manager comes up and says she has me on camera with a sound bar shoved down my pants.

Then says so I'm going to have to ask you to leave.

Confused, I say, I don't think so; can I see the video. She showed. The video depicts... View More

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

An Oregon criminal defense attorney could analyze this best, but your question remains open for three weeks. Until you're able to consult with a local attorney, it may be best to stay away from that store. They could create bigger headaches for you than the loss of store points. Good luck

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Oregon on
Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)

We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2022

Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
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1 Answer | Asked in Criminal Law for Oregon on
Q: I Do I have to claim a criminal charge from 1997 today on a job application. The charge was a measure 11 charge.

No other convictions at all since 1997

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

In Oregon, it is possibly unlawful for a potential employer to inquire about your criminal history at the application stage. However, there is nothing that states how far back in your criminal history an employer can consider, once they are allowed to consider your employment history.... View More

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: I was awarded restitution in a duii case why is the state collecting my damages

How did the state of oregon become the debtor in my accident and how do i get the restitution owed to me.

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2022

I'm sorry your question remains open for two weeks. This may be something that an Oregon criminal defense attorney would have better insight into than a personal injury attorney. There's no guarantee all questions on this forum are ultimately picked up; some do go unanswered. But you... View More

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Oregon on
Q: Hi, I am looking for an Immigration attorney with expertise in Marijuana related offense, need to file a waiver.

Hi, I am looking for an Immigration attorney with expertise in Marijuana related offense, need to file a waiver. I-485 based petition.

George K Gomez
George K Gomez
answered on Mar 1, 2022

You should immediately speak to an immigration lawyer and discuss the details surrounding the marijuana related offense as said details will determine whether you are even eligible for a waiver. Not only can a conviction for certain marijuana offenses render you inadmissible and therefore... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: Son been in jail since Jan 22, and hasn’t talk to a lawyer yet, is this against his rights

His pod has COVID. Thing keep getting postponed.

Richard W. Noel
Richard W. Noel
answered on Feb 16, 2022

In my jurisdiction it is extremely common for pods to get COVID and as a result everyone's court dates got postponed for a long time. Speedy trial rules were suspended at the start of the pandemic here. I'd guess similar things happened in most.

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Oregon on
Q: Does one have a chance to come back to U.S. after being deported for aggravated felonies if mother is a U.S. Citizen?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

In my opinion after a removal for several aggravated felonies convictions the chances of being permitted for admission to the United States are nil, notwithstanding the legal status of immediate family members in the U.S.

1 Answer | Asked in Criminal Law for Oregon on
Q: Would it be legal to make and sell manipulated images of US currency as NFTs?

The images would be color, one-sided, based on real denominations, without the treasury seal included. The manipulation would consist of expanding the bill into a large square and including added pictures. There is no intent to print them or pass them as real. Thank you.

Gabriel A Watson
Gabriel A Watson
answered on Oct 11, 2021

This could get tricky and run anyone down a number of legal rabbit holes. But all things being equal, if you were doing this as art, and not passing the manipulations (for lack of a better term) as currency or counterfeit...I don't think you'd be in trouble for what you're proposing.... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: 1. How do I get a dui and reckless endangermeant reduced?2. How am I able to get neglect taken off my record?

I was charged with a dui and reckless endangermeant while I was on my prescription medication I didn't have an accident but was swerving on the highway with my daughter in the backseat. I don't remember anything about the incident. I have much more details about the case and that day but... View More

Virgil Royer
Virgil Royer
answered on Sep 4, 2021

First, and foremost, consider yourself blessed that nothing worse happened and your daughter is alright and safe, as are you. Second, the fact you "don't remember anything about the incident" is troubling. But, it highlights the seriousness of what occurred. The fact that you were... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Oregon on
Q: My land lord gave me 5 eviction 2 no cause the apartment had a water leak took them 8 months to fix molded floors

None licensed person fix but used other products now it’s falling apart stove didn’t work fridge too I had to buy a fridge we had an arbitrator he slept threw the whole thing and took him 57 days to give a tilling to the landlord I have pics of the entire thing now the city inspected a... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 30, 2021

It is unclear what, if anything, you are asking. You apparently already have an attorney and they are the person to talk with - they know your case better than anyone reading a few paragraphs in an on-line forum. If you no longer trust your attorney, fire them and get a new one that you do trust.

1 Answer | Asked in Criminal Law for Oregon on
Q: What is the penalty in Oregon for violating Or. Rev. Stat. Ann. § 165.540
Aubrey R Hoffman
Aubrey R Hoffman
answered on Jun 21, 2021

Violation of subsection (1) or (2)(b) is a class A misdemeanor. Class A misdemeanors are punishable by up to 364 days in jail and a fine of up to $6250.

1 Answer | Asked in Criminal Law for Oregon on
Q: My attorney said case law prevented use of evidence He was lying. Is that o.k.?
Aubrey R Hoffman
Aubrey R Hoffman
answered on Jun 21, 2021

The Rules of Evidence limits the types of information/evidence that can be brought out at trial. Depending on what type of evidence you are attempting to use, there may also be case law that limits it’s admission.

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Criminal Law and Small Claims for Oregon on
Q: What are the laws regarding animal ownership when it pertains to not giving a dog back?

My sister-in-law moved into a house with some friends. She also brought her dog. She was kicked out a few weeks later. When asked when they would be home to pick up the dog, they said that they were not going to give the dog back. They had stolen a family member of our house. What are the options... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 11, 2021

Stealing an animal is no different than stealing anything else - legally speaking. The real issue is likely to be how can you prove the dog is hers? Receipts? Vet appointments? Especially prior to her moving in? If you think you can prove the ownership issue, then you can first file a police... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: i was assaulted at work recent and i need to file a claim but i dont know what steps to take can someone help me
Virgil Royer
Virgil Royer
answered on Dec 7, 2020

You mentioned that you were "assaulted" at work. You did not mentioned if it was someone in the company, or a third-person. For example, you work at a convenience store and it was robbed and you were assaulted by a customer. You need take the steps available to you through work, but going... View More

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