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Oregon Criminal Law Questions & Answers
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.

1 Answer | Asked in Car Accidents and Criminal Law for Oregon on
Q: My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.

My son was not texting, drink, on drugs or speeding and almost lost is life with life altering injury's. He was hit by a lady that broke her leg and the car behind her, hit her and he broke his leg. Since he was not drinking, texting, on drugs or speeding, Would it be considered an assault charge?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 11, 2017

I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Personal Injury and Civil Rights for Oregon on
Q: What can do if my ex-boyfriend video taped us having sex without my knowledge or consent?
Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

You have a right to the image & or an order forbidding him to release it. However you'll likely have to pay the attorney to get to the order.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Oregon on
Q: In oregon is it legal to carry a multitool with a knife in my pocket

i live in portland oregon and like to go out. On walks, to the taco bell with friends, hikes, lots of things. I am 15 and I bought a multitool. It has a fire starter, seatbelt cutter, glass smasher, flashlight, etc. but the biggest question is the knife it has. The knife is 3.5 inches long, about... View More

Brandon C. Foy
Brandon C. Foy
answered on Oct 8, 2017

Oregon’s carrying concealed weapons law (ORS 166.240) makes it a Class B misdemeanor to carry concealed on your person:

- any knife with a blade that projects or swings into position by force of a spring or centrifugal force;

- any dirk, dagger, ice pick, slungshot, metal...
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1 Answer | Asked in Criminal Law for Oregon on
Q: How do I fire my court appointed attorney
Michael Hajarizadeh
Michael Hajarizadeh
answered on Sep 25, 2017

You can 1) talk to your attorney, 2) hire another attorney, 3) let the court know. This is likely the best order to get a new attorney.

Keep in mind the court is very unlikely to let you change attorneys for reasons of bias (you don't like the color/gender/name of your attorney) or...
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1 Answer | Asked in Criminal Law for Oregon on
Q: Is deferred adjudication for a class C misdemeanor a form of pretrial release or pretrial diversion?

cited for possession of drug paraphernalia in Texas, but I live in Oregon

Michael Hajarizadeh
Michael Hajarizadeh
answered on Sep 2, 2017

This is a question that may be better suited for an attorney practicing in Texas as they may have different terms for their programs. The way you entered he program often also determines what you would classify it as. Oftentimes, if a plea of guilty has been entered and sentencing has been set... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: If my 15 yr old niece is being physically abused by her 15 yr old BF what options does my sister have?

Even when they attend the same school?

Gregory L Abbott
Gregory L Abbott
answered on Sep 1, 2017

She can report the abuse to the school; she can report the abuse to the police. Child abuse is nothing to take lightly, regardless of who the perpetrator is. IF she can stop the BF now at age 15, there is a reasonable chance that she can prevent what is otherwise likely to turn into a life-long... View More

1 Answer | Asked in Sexual Harassment and Criminal Law for Oregon on
Q: Can a man still be charged for statutory rape if he had sexual intercouse when the girl was a minor but she is now 18?
Michael Hajarizadeh
Michael Hajarizadeh
answered on Aug 25, 2017

The simple answer is yes. Usually, A crime is committed when the act occurs not when the charges are brought. As a hypothetical, Say a person A takes a pack of gum from the grocery store jan 1. On feb 2 the store goes out of business and mar. 1 the state files charges against Person A. They filed... View More

2 Answers | Asked in Criminal Law for Oregon on
Q: In the state of Oregon, can a grand jury indict you without you or your attorney being present to represent your side?

Should I hire an attorney before the grand jury date?

Michael Hajarizadeh
Michael Hajarizadeh
answered on Aug 25, 2017

Yes, a grand jury only receives evidence presented by the state to determine whether or not to issue an indictment. The individual the indictment is against does not have the opportunity to be present, present a case or cross examine witnesses at that time.

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1 Answer | Asked in Criminal Law for Oregon on
Q: Does this criminal charge exist in the state of oregon, or any u.s state??

I was told by another person that when he was the age of 18, he had been at a house party where he engaged in a makeout session with a 17 yr old female.

During that party, one of his cousins was supossedly raped causing the police to arrive.

During the police questioning all the... View More

Michael Hajarizadeh
Michael Hajarizadeh
answered on Aug 25, 2017

As with any legal question and answer. Things depend on the facts and a lawyer should be consulted to determine how an individual's facts apply to the law.

I will discuss generally the question you ask. Could a person over the age of 18 be charged for a crime if it were alleged...
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1 Answer | Asked in Criminal Law for Oregon on
Q: if i failed to appear in court on a charge that I plead not guilty on can they just take my FTA as I am guilty?
Michael Hajarizadeh
Michael Hajarizadeh
answered on Aug 25, 2017

The answer you'll always receive is; it depends on what the charge is.

Traffic offenses usually would result in a finding of guilty for failing to appear; criminal charges would not.

If a person was arraigned and plead not guilty, then subsequently failed to appear at their...
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1 Answer | Asked in Civil Litigation, Real Estate Law, Criminal Law and Landlord - Tenant for Oregon on
Q: A property owner hires a tow company but keeps this a secret from the tenants for the tow company . Is coercion ?

Secret made between company's for the purpose of monitory gain try deceit

Joanne Reisman
Joanne Reisman
answered on Aug 13, 2017

Have no clue what exactly is going on here from your rather sparse description. Please go and consult with an attorney and discuss all the details in a private office conference. You might want to call the Oregon State Bar for a name on their Lawyer Referral List and you will get a short... View More

1 Answer | Asked in Car Accidents, Criminal Law and Juvenile Law for Oregon on
Q: What is the charge for a 17 year old girl that hits another girl with car and she doesn't die
Joanne Reisman
Joanne Reisman
answered on Aug 9, 2017

"What is the charge" - I assume you are concerned with what type of criminal charges could be brought - and no one is gong to be able tell you that. It depends whether a related crime was committed. Hitting someone could also be an accident in which case there are no criminal charges.... View More

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Criminal Law for Oregon on
Q: One of my neighbors had been harassing me and my family for a few months. Making Vulgar remarks and threatening gestures

I would like to know what I can legally do to get him to stop me and my family are in fear that it will escalate into something more. He's already tried hitting me with his vehicle On one occasion. And has been Menacing us with treats

Joanne Reisman
Joanne Reisman
answered on Jul 19, 2017

You need to report this to your local police. The attempt to hit you with his vehicle may well be an assault. Generally speaking a person making vulgar remarks isn't going to get in trouble as they do have a right to free speech so this is a tricky area. But a sum of acts that would put a... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Municipal Law for Oregon on
Q: my daughter is around someone who cannot have her own kids or be around them alone, what can i do?

My daughters dad took her and went to Alaska without my knowing or my okay, and now he has her around someone who they are living with.. this person cannot be around kids alone nor can she have custody of her own children. What can i do to get her some safe and faster then waiting for a court date.... View More

Joanne Reisman
Joanne Reisman
answered on Jun 21, 2017

You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order... View More

1 Answer | Asked in Business Law and Criminal Law for Oregon on
Q: What a public enterprises that demonstrate patterns if Rico activity?
Joanne Reisman
Joanne Reisman
answered on Jun 4, 2017

This isn't a comprehensible question.

1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for Oregon on
Q: My mother accidentally parked in a reserved spot for about an hour and then discovered her car had been vandalized.

The perpetual was likely the owner of the spot. Are they at fault and can they be made to pay damages?

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 24, 2017

You need to establish who was at fault by a preponderance of the evidence. That means more likely than not. You also have to prove the decreased value of the vehicle, which usually is the cost to repair the vehicle. If you don't have a witness and there is no videotape of the incident, and... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Oregon on
Q: if a person executes a note and trust deed in favor of a non-existent company styled a a "lender", is that fraud?

Details: the "lender" did not exist; it also falsely claimed to be a New York corporation.

Joanne Reisman
Joanne Reisman
answered on May 20, 2017

This doesn't make sense. If party "A" gave money to party "B" in exchange for a promisory note there is a secured transaction. If you are saying that the documents listed party "A" as a New York Corporation that didn't exist, the fact remains that there... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: If i became homeless due to unfortunate circumstances and im on probation and have no way to provide an adresss.

What do i do? Besides inform my po of my where abouts. Is there some sort of form i can file to avoid probation violation?

Joanne Reisman
Joanne Reisman
answered on May 7, 2017

This is not a probate question - probate has to do with administering the estate of someone who died. Probation is when you committed a criminal act and are now being supervised by the court or a probation officer.

There have been people on probation that don't have ideal living...
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1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Criminal Law for Oregon on
Q: I am 17 and my boyfriend is 20. He got me pregnant and my mom knows it was him she wants to put him in jail can she

I will not tell her it was really him or not but she thinks it was him

Joanne Reisman
Joanne Reisman
answered on Apr 2, 2017

First of all, is she just angry that you are pregnant or does she really want to throw your boyfriend, the father of her grand child, in jail, and possibly have him labeled as a sexual offender for the rest of his life? Maybe she just needs time to process what is going on and calm down.... View More

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