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MacDaniel E Reynolds
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MacDaniel Reynolds’s Answers

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  • Do I need an attorney for DUI expungement?

    I got a DUI 6 years ago in Sacramento, California. I currently live in Oregon and looking into getting my DUI expenuged. Looking into how to start the process.

    MacDaniel’s Answer

    Each state has its own laws when it comes to expunging state crimes, so whether you can expunge your DUI or not will depend on California law, not Oregon law. I suggest you post a similar question under the DUI practice area in California. I wish you the best.

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  • If tell someone imma visit them & they wire me money but actually not gonna come and im taking their money. can i get arrested?

    I have people who or guys who want me to come see them but i need money and stuff can i get arrested if they send me money and i dont use it for what they sent it for.?

    MacDaniel’s Answer

    I imagine you already know the answer to this, and know that it probably isn't a good idea on a whole lot of levels, including the criminal arrest level. Will you be arrested, I don't know, but could you - yes, based on what you wrote, a motivated officer in Oregon could certainly find ways to place you under arrest.

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  • If I was cited for a misdemeanor crime that I did not do I show for court and I'm told I'm not on the docket. Sent to the DA

    Office and told they didn't have the proper documentation and they will send a sheriff to my house to recite me....isn't that illegal?

    MacDaniel’s Answer

    The short answer is no, generally speaking, that isn't illegal. Please consult with an experienced defense attorney about this - I know this is common advice here, but it is real - you may already have harmed yourself by contacting the DA's office and reminding them that they need to contact the officer because they didn't have the needed paperwork to prosecute you. Depending on your circumstances, it may make sense for your attorney to contact the DA and/or police to accelerate this, or it may be to you benefit to stay low and hope the officer has better things to do that find you and give you another round of paperwork and court appearances. I wish you the best.

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  • On my employment application I have 2 questions I don't know how to answer.

    I had DUI in oregon in 2005, but the judge dismissed it after diversion completed. On my job application it asks, Do you currently have or have you ever had impairment due to chemical dependency or substance abuse? , and it asks -- Have you be...

    MacDaniel’s Answer

    At my firm we always ask our clients to call us when answering these questions, first, because the wording is so important, and second, because context is pretty important too. The wording of that first question doesn't seem quite right, but the second question is more common, and is a 'gotcha' question - to enter Oregon's DUI Diversion program now, you do have to plea guilty or no contest (nolo contendere) to the DUI. The law changed to require this in the mid-2000's - I'm sure one of my colleagues can give us the date of that law change, and if you entered Diversion after that change, the right answer is 'yes.' The context or practical part of this question may be important too though - sometimes disclosing an event from ten years ago may be less harmful to you than an employer finding it later on a driving or background check and thinking you weren't being up front to begin with. I wish you the best.

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  • Attorney fee added into the restitution?

    I'm having to pay restitution on a case I was convicted of. The plaintiff's attorney was a family member, and added the cost of the attorney fee onto the restitution. If the attorney didn't charge the plaintiff for the attorney cost, because of be...

    MacDaniel’s Answer

    In my experience, when it comes to restitution, the district attorney and the courts will do all they can to support the person designated as a victim. Sometimes this means the court approves things that shouldn't be approved. There are also times that it makes sense for you to pay more than you have to in order to get a better resolution on your case. I don't know enough of the context here to be more helpful, so I suggest you speak with the attorney that helped you resolve your case. I wish you the best.

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  • What is (if any) the jail sentence for a first time probation violation in Washington County?

    My bf was arrested in March for possession of a substance. He was seeing his PO, attempting to pay back fines, etc. He got pulled over and recieved a ticket for diving with a suspended license and texting while driving. This is the first time that...

    MacDaniel’s Answer

    The good news is that the new offense (traffic crime) is not the same as the old offense (illegal substance crime). While it still isn't good, it is better from the court's view than doing the same thing again. The sentence will depend on a lot of outside factors, including criminal history, success in probation (sounds like first violation, so that is good), employment, etc. The sooner your friend gets his attorney on board, the better. If these happened in the same court jurisdiction, your attorney will likely try to resolve these together - this usually results in a better sentence than if each are resolved on their own. I wish you and your BF the best.

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  • If Jen is disabled and attacked by mother & daughter then police are called in & arrest Jen without taking sons statement

    Jen was still in her robe, house shoes, hair wrap when her 11 yr old son ask her to help him with trash cans which had been moved by neighbors. while in front yard Mom & daughter came out of their house & rushed up to Jen assaulting her. Jen tried...

    MacDaniel’s Answer

    Jen needs to get an attorney to help her with this, because the 'right thing' often doesn't happen on its own. The police reports will likely reflect a version of facts that is supports the police officers' actions in arresting Jen, and the district attorney's office will rely very heavily on what is written in those reports. Jen's attorney is the one who will pull the facts and investigation flaws together to help Jen. I wish you the best.

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  • How does someone with 70 past offenses get out of jail with 3 new felony charges an escape?

    the 70 past charges on things like Man/dcs/resist arrist/ false info/pcs/fta1/escape/fta1/poss cntrld sub sc-5/duii/del cntrld sub sc-5/ manu/del c/firearm silencer/firm low minor/poss meth/disorderly conduct/fail to appear/ etc.. New felony ch...

    MacDaniel’s Answer

    We have a saying in my office - logic is not the strong suit of the criminal justice system. My guess is that the jail was full and they didn't have room to keep this person.

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  • At what point can a business owner use physical force to remove a homeless man that continues to harass retail store employees?

    The same man continues to come into our retail store, slap the counters in front of customers and then leave. We have instructed him many times that he is not allowed in the store. We have called the police but they won't do anything about it. ...

    MacDaniel’s Answer

    From one business owner to another, don't lay hands on this person. Instead, if this is in Portland, I suggest you contact the Multnomah County DA's office to find out how to reach the Neighborhood DA who covers the neighborhood where your business is located. Although it has been more than a few years since I was a neighborhood da, and the work they can do has been diluted, this may be the way to get some additional police resources to help your situation. I wish you all the best.

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  • What do I need to get a false criminal charge dropped of my record?

    I have apparently been charged with shoplifting in the state of Arizona in January of 2011, I had already moved out of the state by October 10th 2010. I am just now hearing about this due to a pre-employment back round check that came back 8/19/20...

    MacDaniel’s Answer

    While I don't practice law in Arizona, if you were asking me this question using Oregon law, I'd tell you that your concerns about compensation aren't going to get any traction until you get your name cleared to start with, so as a practical matter, you need as much knowledge as you can about what is going to happen at this hearing. The best way to get this information is to hire an attorney who practices law in Arizona and who knows what he or she is doing. The next best would be to reach out to attorneys in that area to see if you can gain information through a free consultation, or if there is a needs-based legal resource in Arizona that is available to you on a sliding scale basis. If you are an Oregon resident, you could also reach out to the Oregon State Bar modest means program to see if there is an Oregon attorney who also practices law in Arizona who can help you - the odds of that are slim, but worth trying. I wish you the best.

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