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Oregon Criminal Law Questions & Answers
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... View 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... View 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... View 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... View 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... View More

Jared Justice
PREMIUM
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... View 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... View 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... View 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... View More

1 Answer | Asked in Civil Rights, Personal Injury and Criminal Law for Oregon on
Q: can the courts make you clean asbestos from a torn down house as part of your community service
Gregory Andrews Cade
Gregory Andrews Cade
answered on Jan 23, 2018

Since asbestos is a carcinogenic agent which needs to be carefully handled, the answer is no. Removing asbestos can entail tremendous health consequences, as well as serious environmental contamination, if performed incorrectly. Therefore, it is a job which must be left to professionals who have... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Criminal Law for Oregon on
Q: I've threats from a man of death and bodily harm. The man has extensive history of beating women. What do I do?

My neighbor's boyfriend has beaten her repeatedly. I've called the police, which has resulted in his arrest. He has now threatened to kill me. I've never been scared of anyone, but he has visibly changed, his demeanor towards me has become more threatening to my kids and myself. My... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 4, 2018

Well first, given this fact pattern, if anything happens to you the police are already likely to be highly suspicious of him. Small comfort to you though. You should ask the Deputy District Attorney prosecuting this creep to immediately have a restraining order entered to protect you. Once in... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: I was arrested, but never read my rights. How does this affect my case?

I was arrested for misdemeanor possession charge and booked and released the same day. I have no prior record. Is there a chance that I could get out of these charges because I was never read my rights?

Brandon C. Foy
Brandon C. Foy
answered on Dec 20, 2017

The answer depends on how much, if any, of the case against you is based on statements you made during police interrogation while in their custody. If this happened before being advised of your Miranda warnings you might be able to have such statements and any evidence gained because of them... View More

1 Answer | Asked in Car Accidents and Criminal Law for Oregon on
Q: I hit an unoccupied parked car and did minimal damage, but I panicked because I don’t have insurance and it was my dads

Truck, so I left. I want to go to the police station and turn myself in. I didn’t even think about putting my information down for that car. What should I do?

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2017

Because there is a citation associated you will want to consult someone who handles tickets for that county. You will want to report it to your dad's insurance.

1 Answer | Asked in Wrongful Death and Criminal Law for Oregon on
Q: Can a person who is visibly intoxicated wave their right to counsel?
Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

There's an argument to make that it wasn't a knowing waiver. That person needs to speak with an attorney that handles criminal defense.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Oregon on
Q: I got a written thirty day notice and within the same week got a 72 hour notice. Which one do I follow

The thirty day notice has my name spelt wrong, and does t give a time on the last day I should be their to move out. I feel like the thirty day notice is lacking information it needs to stand up in courts. Then I got a 72 hr notice the same week claiming to pay a different amount of rent then the... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 14, 2017

The notices may indeed be deficient in terms of how they are worded or in how they were served. You would have to go to trial to assert those defenses if the landlord does not just concede the defectiveness. As for different rent amounts, again, that may or may not invalidate the enforceability... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: What makes me eligible for diversion for theft 2? First time offender. 20 y/o with no prior misdemeanors or felonies.
Brandon C. Foy
Brandon C. Foy
answered on Nov 11, 2017

One possibility is for the prosecutor to consent to a diversion pursuant to ORS 137.533, which may be available to those without any prior convictions or diversions. That said, this statute is clear that the prosecutor must be the one to ask the court for the diversion, so sometimes it takes more... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Internet Law for Oregon on
Q: I get tons of email telling me I've been chosen to receive a lot of $ is there any law against it or way to stop it?

I get mail from people claiming to be upper management from various financial institutions and they claim to have anything from Western Union money transfers waiting for me if i send $50 to them first to pay for processing, to people claiming to be agents of some sort wanting to deliver trunks of... View More

Joanne Reisman
Joanne Reisman
answered on Oct 30, 2017

Most of these scam operations, and they are scams, are based outside the United States. So while these scams undoubtedly violate more than one US Law, actually tracking down the criminals and arresting them is next to impossible.

Here is a website called "scam busters" that you...
View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Oregon on
Q: i am 16 and my mom emotionally abuses me has for year can i runaway to my older sisters with out her getting in trouble

my mom has emotionally abused me for years and use to hit us on the head. kicked by big sister out when she was 15 and i am now 16 and cant deal with it anymore i suffer from depression and anxiety and i have wanted to kill my self. can i runway to my older sisters and not have her get in trouble

Joanne Reisman
Joanne Reisman
answered on Oct 24, 2017

If your sister is an adult, she can Petition to be your guardian. She should consult with an attorney about this. Otherwise if your sister or any other adult tries to take you from your mother (even if you want to go), they can be charged with custodial interference.

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