Edward A Kroll’s Answers

Edward A Kroll

Hillsboro Criminal Defense Attorney.

Contributor Level 12
  1. In the State of Oregon could a person change the plea bargain they took 2 years later?

    Answered over 1 year ago.

    1. Edward A Kroll
    2. James Regan
    2 lawyer answers

    In general, the answer is no, the plea cannot be changed at a later date. If there was some legal issue with the plea, then there could be some limited options, but simply "feeling the impact" is not a legally valid basis to change this plea. However, there is a last option. With an attorney, the person could approach the court and ask that the crime be treated as a misdemeanor. The person would likely have to have completed all required treatment and paid all required fines. But if they...

    5 lawyers agreed with this answer

  2. 52 yr old stepson in Massachusetts threatens restraining order. I am in Oregon & post on a website he also uses.

    Answered almost 4 years ago.

    1. Edward A Kroll
    2. Troy Austin Pickard
    3. Philip M. Block
    3 lawyer answers

    I am not exactly clear what you mean by "I sent him photos of his deceased mother." In any case, if you have had no contact with this person since 2003, and you live in separate states, then there is no real basis for him to get a restraining order. My best advice would be to simply go your separate ways. If he does not wish to have contact with you, then let him be. There is no harm in posting on the same website, as long as your posts do not consist of threats or libel towards him....

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  3. Swhat paper work should I look for at court house once my son's been arrested,DA not providing discovery, been over 60days,bail$

    Answered almost 2 years ago.

    1. Edward A Kroll
    2. Jared Justice
    2 lawyer answers

    If your son is in custody, he probably has a public defender assigned to his case. You should ask the court (or your son) who that person is, and go talk to them. The charges you describe are incredibly serious. If someone is being held in custody on those sorts of charges, it is not unusual to see the pre-trial detention exceed 60 days. In short, a person has the absolute right to go to trial within 60 days of their arrest. However, when dealing with a very complex or difficult case,...

    3 lawyers agreed with this answer

  4. I am appearing in court on a charge of failure to register as a se offender. Is there any way I can avoid jail time for this?

    Answered about 3 years ago.

    1. Edward A Kroll
    2. Robert Glenn Crow
    2 lawyer answers

    The best thing you can do right now is to get yourself a good lawyer. A lawyer may be able to take your case to trial with a positive result, or perhaps arrange a no-jail deal for you. Since this charge will be a felony, there is the potential for jail or prison time. Defenses to Failure to Register cases can be a bit complex - as a former prosecutor, I've seen a fair number of these cases. if you can't afford an attorney, the court will appoint one for you. If you can afford one,...

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  5. Can i have something done so my husband cannot take the money out of our joint bank account.

    Answered over 3 years ago.

    1. Edward A Kroll
    2. Anthony F Geraci
    2 lawyer answers

    No, a freeze cannot be put on an account the way you want it to. You should speak to the bank about changing who the signatories are on the account. If you do file for divorce, there is an automatic restraining order that kicks in, stating that neither party can dispose of jointly held assets. This doesn't mean that money can't be spent - it means that no one can empty out the bank account, dispose of a 401(k) plan, etc. For more financial information, contact your bank, and then...

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  6. Can I file a restraining order against my ex's girlfriend?

    Answered over 3 years ago.

    1. Edward A Kroll
    2. Syed Wali Raheen
    2 lawyer answers

    The Oregon answer to your question is as follows: To obtain a restraining order (a FAPA order), you and the other person have to be related by blood or marriage, or have been in a physically intimate relationship. So if the other person is your ex's girlfriend, you would not qualify for a FAPA order unless you and she were related, or had been physically intimate in the past. You could try to obtain a stalking order, but that is a tall order as well, and requires a showing of repeated,...

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  7. Should i seek an attorney?

    Answered over 3 years ago.

    1. Edward A Kroll
    2. Randy William Ferguson
    3. John Winston Phillips
    4. Lars A. Lundeen
    4 lawyer answers

    If this happened in the midwest, then you should speak to an attorney from the state you were in. Shooting from the hip, if it was the weather that caused the outage and not an act by the hotel/motel you were staying at, then you might have a difficult case to prove.

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  8. Can a recent sole custody judgment be overturned?

    Answered over 3 years ago.

    1. Edward A Kroll
    2. William B Fortner
    3. Ronald S. Pichlik
    3 lawyer answers

    If you agreed to a settlement, there is probably not much you can do at this point. If there is a "substantial change in circumstances" then you can ask that the existing custody order be changed. If you were not satisfied with your lawyer, the time to bring this up was before you agreed to settle, and if you did not like the agreement, you should not have signed it or agreed to it in front of the judge. A family lawyer will be able to look at your documents and tell you of other...

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  9. In the State of Oregon could a person change the plea bargain they took 2 years later?

    Answered over 1 year ago.

    1. Blake Nathaniel Dore
    2. Edward A Kroll
    2 lawyer answers

    Mr. Dore is correct, but he left a rather big part out. It may be possible to approach the court and ask that the conviction be treated as a misdemeanor. Generally, to even have a chance at success, the person must have completed all required treatment and paid all required fines. If they are in good compliance with probation, the court may be amenable to treating the charge as a misdemeanor. This person should definitely consult with an attorney.

    2 lawyers agreed with this answer

  10. Do I qualify for defer action under DACA?

    Answered almost 2 years ago.

    1. Edward A Kroll
    2. Jared Justice
    3. William Francis
    3 lawyer answers

    Unfortunately, you are correct. Oregon law does not permit a DUII arrest to be removed from your record, even if you successfully complete Diversion. The only way the arrest can be removed is if you go to trial and win, or if the case is dismissed for a reason other than Diversion.

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