Erin K Fitzgerald's Answers

Consequences for leaving the scene of accident, hit and run in OR state

It's possible that you could be charged with Hit & Run aka Failure to Perform the Duties of a Driver When Property is Damaged (ORS 811.700). This is a Class A misdemeanor, which could lead to 1 year in jail and a $6,250 fine. Chances are you wouldn't get the maximum, but this is a serious crime and could lead to jail. If you weren't cited when you talked to the police it's possible that the district attorney is reviewing the case and may file charges against you. If this happens, you would want...

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Oregon criminal procedure, what is the statute of limitations for charges being filed

The statute of limitations for criminal charges depends on the charge. Check ORS 131.125 for specifics or post more information as to the specific crimes. As far as leniency, it really depends on the prosecutor. If your brother has really turned his life around and the Deputy District Attorney believes that and wants to offer him a deal, then he could get a low sentence. Realistically though, your brother should be prepared to defend himself if the county is within the statute of limitations to...

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Is it possible to seek an uncontested divorce in Clackamas County OR

In order for your wife to get an uncontested divorce, you would have to agree to the divorce. Uncontested means that BOTH parties agree to it. If you do not stipulate (agree) to the divorce, she will have to serve you with a divorce petition and you will have a chance to respond.

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Divorce

A stipulated, uncontested divorce is something that can be done without an attorney. There are a number of forms, however, so if you are confused about something, it might be worth it for you to hire an attorney for an hour or so to review the forms with you. Also, some courthouses provide a document review service at no charge. The courthouse in your county can give you the packet of forms you will need to fill out (they may charge you a few dollars) and give you information on the...

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Is there an oregon real estate law requiring tenant to give 30 day notice prior to moving out?

Without knowing more facts, it's difficult to say how much notice you had to give. Generally, in a month-to-month tenancy, 30 days notice is required. If you stay past the end of a lease, your tenancy will usually become month-to-month, however it's difficult to tell if this happened in your situation. The Oregon State Bar publishes a helpful guide for tenants that is written in plain english to make it easier for the non-lawyer to understand. You can find this at: http://www.osbar.org/...

Renting a room and have no lease

I'm not exactly sure what your question is, but assuming you want to evict the person you are renting a room to, this may be helpful: http://www.osbar.org/public/legalinfo/1254.htm

Oregon landlord tenant law

If the carpet needed to be replaced due to normal wear and tear then you should not be required to pay for it. You are normally only required to pay for those things that you damaged. If the landlord is requiring you to pay the replacement cost (rather than taking the cost out of your security deposit) and you don't pay, he may sue you, most likely in small claims court. If the landlord took the cost out of your security deposit, you may be able to sue him and collect double the amount he...

What's legal to ask on a rental application?

There is nothing precluding your landlord from requiring this information on the application. Much of the information is probably used to do a background check (credit, criminal, etc.) If you don't want to provide the information, then you can do that but the landlord may decide not to rent to you.

Minor in possesion MIP

Your options will also depend on where you were originally cited. Some counties offer a type of diversion (e.g., community court in Multnomah County) where you can possibly get your case dismissed if you complete specific requirements of the court. If your case is dismissed your license, most likely, would not be suspended. It would be best for you to consult an attorney prior to your arraignment to determine your options.

Retrial

We will need more facts in order to answer your question. Some questions to get you started - Did you have an attorney? What was the charge?