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Edward A Kroll

Edward Kroll’s Answers

203 total


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

    This person was charge for assult 4 felony, 36 months probation and 54 weeks of a BPIP. He plead out to move forward in life, and has felt the impact of what was the best deal DA could do. Could it be changed?

    Edward’s Answer

    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.

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

    This person was charge for assult 4 felony, 36 months probation and 54 weeks of a BPIP. He plead out to move forward in life, and has felt the impact of what was the best deal DA could do. Could it be charged?

    Edward’s Answer

    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 are otherwise in good compliance, the court sometimes will reduce the charge.

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  • What is the minimum sentance my boyfriend will get?

    my boyfriend is on inactive probation and just got his third duii within 10 years along with endangering the welfare of a minor and driving on suspended lisence, but this is his fourth duii in the state of oregon in his whole life

    Edward’s Answer

    Mr. Huppert's answer is not quite correct.

    If this will be your boyfriend's 3rd CONVICTION for DUII in 10 years, then this is a felony, and there will be a minimum sentence of 90 days in jail, without release for any reason. If this is 3rd DUII incident, but not conviction, then this will be a misdemeanor.

    The minimum penalty for a misdemeanor DUII is 2 days in jail. However, that penalty is only given on a 1st-time conviction. In general, for a 2nd-time conviction, DA's usually ask for 20-30 days in jail.

    Another thing to consider is that since this is your boyfriend's 4th lifetime DUII, I assume he has at least 2 prior convictions (and perhaps one Diversion). If he is convicted in this case, he will likely lose his driving privileges for life.

    Due to the serious consequences here, I recommend that he speak to an DUII attorney as soon as he can.

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  • Do I qualify for defer action under DACA?

    I was charged with a DUI in Oregon and completed a diversion court-ordered program, consequently the charge was dismissed after a year without a conviction. I researched the subject-matter, and under Oregon law a DUII diversion cannot be expunged.

    Edward’s Answer

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

    police call my son ask him to come down to station. family rumors are saying son fondled 8yr old child.which aligations grewto penatration with foriegre object.approx. 3 months after incident occured father takes child to hospital,famliy thinks fa...

    Edward’s Answer

    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, many lawyers often advise their client to "waive 60," meaning that the client will be held for longer.

    However, this delay gives the defense team more time to strategize, investigate, and prepare. When dealing with a potential 25 year sentence, waiting another 30-60 days is a small price to pay, if it leads to a good result.

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  • Can I get my record expunged or set aside and sealed if I'm still paying restitution?

    According to Oregon law I meet the criteria to do set aside my record, but restitution is part of my sentence.

    Edward’s Answer

    The short answer is that to be eligible to have your record expunged, you must have completed the conditions of your probation (your sentence). If you are paying restitution, then that was likely a condition of your probation. So, if you are still paying, then you have not yet fulfilled your conditions and are probably not eligible for expungement.

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  • If a man has been denied modification hearings for over for 4 yrs now can he sue the state? If he has proof

    Paperwork sent numerous times and denied stating there was no legitimate reason for hearing

    Edward’s Answer

    If the request for hearing was denied, you can try to appeal, through the appropriate process. Suing the state won't get you anywhere.

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  • Medical blood was taken and used for conviction with no concent from me

    i was in a small auto acc. medical only blood was drawn. later i was arrested for dui i did several breath tests and blew 0000s on all tests a week later i got the ticket in the mail. all this was done without even asking my consent for anything

    Edward’s Answer

    If you are in an auto accident and taken to the hospital, the hospital is allowed to draw blood and test the alcohol content. This information can be given to police, which could lead to your arrest.

    However, this hospital blood draw may not be admissible in court. Your question says that you have a conviction. If this is true, then there may not be much you can do. But if you've only been arrested (charged with a crime) and you haven't yet taken a deal or gone to trial, then you can fight back!

    Speak to a lawyer as soon as you can and see if there are any ways to fight your case and assert your innocence.

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  • How can I get my first time MOP charge dropped?

    I was walking back from a party and three bike cops pulled up beside me and noticed that I had been drinking. They issued me an MIP and let me go. Before this I had a clean record and had never been in trouble. It was a stupid mistake and I want t...

    Edward’s Answer

    An MIP is a violation, not a crime, and so it may not show up on certain background checks.

    That said, the police probably gave you a ticket for this. You should look at it carefully. There is probably a court listed on it. You should check with the court to see if there is some sort of "diversion" program available that may allow the ticket to be dropped if you take some classes or do some community service.

    You should also be aware that in Oregon, an MIP ticket can carry a year-long driver's license suspension - all the more reason to check with the court and see if they have any programs you qualify for.

    You should also consider consulting with a local lawyer to explore your options.

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  • If I leave the country while I am on bench probation(no officer), will they find out! I don't have permission to leave.

    Don't have to see a probation officer. Do Not have permission to leave. I Have passport.

    Edward’s Answer

    Why not just ask for permission to leave?

    If you are on probation, you are required to obtain the court's permission for such travel. I don't think any attorneys on here are going to encourage you to violate a court's order.

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