Jay Bodzin’s Answers

Jay Bodzin

Milwaukie Family Law Attorney.

Contributor Level 20
  1. I am doing diversion for a DUI. I was told that my UA came back dirty. I have not drank nor taken any drugs.

    Answered over 1 year ago.

    1. Jay Bodzin
    2. Richard E Oberdorfer
    3. Richard Timothy Jones
    4. David B Pittman
    5. Shelley L Fuller
    5 lawyer answers

    Yes, you need an attorney. Your attorney will probably tell you not to admit to anything; but consult with them first. Try, also, to think about this from the point of view of the Court and the probation officer: what is more likely, to them - that a test was wrong; or that someone on probation lied about a violation? To them, the latter will be far more likely. You will have to have some argument beyond your bare word. Your lawyer will help you with this.

    15 lawyers agreed with this answer

  2. Blew a 0.07 in Oregon, intially was pulled over for merging onto the highway too soon and was given a DUII. What should I plea?

    Answered over 1 year ago.

    1. Ian Jeffrey Slavin
    2. Bryan Richard Boender
    3. Jay Bodzin
    4. Richard E Oberdorfer
    5. Allison L Williams
    6. ···
    9 lawyer answers

    If your income is below a certain level, you have the right to be appointed an attorney, at taxpayer expense, in a criminal case. (Note that this right does not apply to civil cases - only if you're charged with a crime.) If your case doesn't qualify, then seek out an attorney from the Modest Means program as Mr. Slavin suggests, borrow money from family or friends, do what you have to do. Get a lawyer. No excuses. This board cannot possibly be a substitute for legal advice from an attorney who...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I was charged with forgery by being in possession of a fake twenty, I was unaware it was fake, what should I do?

    Answered over 1 year ago.

    1. Jay Bodzin
    2. Thomas Ifversen
    3. James Donald Garrett
    4. Benjamin O Falk
    5. Sunil K Raju
    5 lawyer answers

    If you're facing a criminal charge, you need to consult in private with a criminal defense attorney immediately. You must not discuss this with anyone else until you do. That includes discussing it on the internet, and it especially includes talking to the police. DO NOT TALK TO THE POLICE. If they try to talk to you, you must say "I'm sorry, but I don't want to answer any questions or consent to any searches, and I'd like to speak to a lawyer, please." Or, if you want to be technical, say "I'm...

    12 lawyers agreed with this answer

  4. Can I get a restraining order against a person for Is emotional abuse or injury?

    Answered 8 months ago.

    1. Jay Bodzin
    2. Lake James H Perriguey
    3. Robert Glenn Crow
    4. Christian K. Lassen II
    5. Stanton Crane Shelby
    5 lawyer answers

    There are two main kinds of restraining orders under Oregon law: Restraining orders under the Family Abuse Prevention Act; and Stalking Protective Orders. You can ask the court for a restraining order under the Family Abuse Prevention Act (a FAPA order) if, within the previous 180 days, you have been physically harmed, threatened with physical harm, or forced to engage in sexual acts against your will. The perpetrator can be any person in your family or any person with whom you've had a...

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  5. 16 and dating an 18 year old. Is this illegal?

    Answered almost 2 years ago.

    1. Jay Bodzin
    2. Jeffrey A Turnoy
    3. Mark M Cheser
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    It's perfectly legal. First of all, there are no laws governing who people can date. There ARE laws governing who people can have sex with. (If you think that dating someone is just the same thing as having sex with them, then you are too young to be dating.) Normally, it is against the law in Oregon to have sex with anyone who is under age 18. 'Sex.' in this context, by the way, refers to all sexual contact, not just intercourse. However, there is an exception to the age rule: as long as...

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  6. What is considered a medical malpractice?

    Answered 9 months ago.

    1. Jay Bodzin
    2. Elizabeth Taylor Herd
    3. Jason Todd Studinski
    4. Christian K. Lassen II
    5. Philip Anthony Fabiano
    6. ···
    8 lawyer answers

    Medical malpractice occurs when a doctor provides a patient with care that falls short of the standard of care recognized as minimally competent by their community of practitioners, and the patient suffers harm as a result. Not every mistake or bad outcome in medical care is malpractice, and not all malpractice is worth suing over. In this case, it's not obvious that your mother was injured by malpractice (it sounds like the injury she suffered was a known and standard risk of the procedure she...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can fred meyer fire me?

    Answered about 1 year ago.

    1. Jay Bodzin
    2. David A Schuck
    3. Justin N Rosas
    4. Jonah Morningstar
    5. Sunil K Raju
    5 lawyer answers

    Oregon is an at-will employment state. That means that an employer can legally fire an employee for any reason or no reason at all, as long as it isn't motivated by the employee's membership in a protected category - their race, religion, gender identity, sexual orientation, &c. Having been charged with or convicted of a crime does not place you in a protected category, so the employer is free to fire you for that. The second question is, is this termination for cause? If not, then you...

    11 lawyers agreed with this answer

  8. Is a doctor liable for a mis-diagnosis given without a proper examination?

    Answered about 1 year ago.

    1. Jay Bodzin
    2. George Costas Andriotis
    3. Phillip Charles Gilbert
    4. David Ian Schoen
    5. Christian K. Lassen II
    5 lawyer answers

    A doctor is only liable for malpractice if their mistakes caused you actual harm - worsened your condition or caused you to incur additional bills. You can ask your current doctor whether the earlier mistake made a difference to your course of treatment, and how big the financial difference might really be. Not every mistake is worth pursuing.

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  9. What contact information is a litigant required to provide?

    Answered almost 2 years ago.

    1. Jay Bodzin
    2. M. Todd Miller
    3. Alan James Brinkmeier
    3 lawyer answers

    Normally, a litigant provides a mailing address, telephone number, and fax number if there is one. This information should be included in the petition and/or response. It's necessary because the court and the other parties need to be able to send information, in the course of a legal dispute. The law requires that you send to the other side a copy of any document that you send to the Court as well. If you've been sued and the opposing side has failed to file contact information with the court,...

    9 lawyers agreed with this answer

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  10. How can I defend myself in court citing self defense for Disorderly Conduct II and Harassment I charges? ORS Chapter 166

    Answered almost 2 years ago.

    1. Jay Bodzin
    2. Joshua Pond
    2 lawyer answers

    Talk to an attorney in private. Do not post more information about this on the internet, even anonymously - it could be traced back to you. If you can't afford an attorney, you can apply for a publicly-appointed criminal defender. You can also call the Oregon State Bar's Lawyer Referral Service and ask for a referral on the Modest Means program, which commits an attorney to helping you for a lower rate than most lawyers charge. The number is 503-684-3763.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful