I don't have a criminal record but I had a question.
It is not unusual for criminal charges to be adjusted between the time of arrest and when the defendant appears in court. The reason is that, at the time of arrest, the police officer frequently makes charges without consulting with the District Attorney. Those charges are subject to being revised upon review by the prosecutor. Subsequent reviews at the Grand Jury stage, if the case is being viewed as a possible felony, are possible. During the course of these reviews, a case can be downgraded from a felony to a misdemeanor. It is also possible that a misdemeanor can be escalated to a felony. The defendant is not convicted until there is a determination, in court, that the defendant is guilty of a criminal charge. So, while the case is pending in court, there is no conviction. The only way a person is convicted of a crime is when the prosecutor proves the defendant's guilt, to the satisfaction of the judge or jury, beyond a reasonable doubt, or if the defendant pleads guilty or no contest to a criminal charge.See question
In 2009 I was convicted of a misdemeanor Failure To Register as a Sex offender. I missed the required date to register and was afraid to go in after the date in fear of getting charged. Needless to say, it caught up to me. In 2011, I was livin...
Oregon's Expungement Law is governed strictly by ORS 137.225, which provides that a person convicted of 2 or more offenses within the 10 years (other than traffic infractions) does not qualify for expungement. Unfortunately you will not be able to expunge anything until 2019 at the earliest.See question
I'm am being investigated for statutory rape. I was not informed of this by any legal agents. I found this out by my girlfriend that was told by a social worker for the reason that she has a baby. So im not able to be around the baby. I'm assuming...
The police are not required to inform a suspect that he is under investigation. Now that you know you are the subject of a law-enforcement investigation, the smart move would be for you to get legal representation.
Criminal defense attorneys help people in your situation all the time.
When you are contacted by law-enforcement, you should tell them that you will not speak without your attorney present. Anything else you say will only make things worse.
Do not post anything else online about this matter. Contact a capable criminal defense attorney immediately.See question
In high school I vandalized school property and because I had turned 18 and damages were estimated at 5000 I was convicted of a felony charge. No jail time but I had to complete probation as well as community service. This was all 8 years ago. The...
If you were convicted in Oregon of a single criminal offense, and you have not had any further troubles with the law, you might qualify for expungement of your conviction. Expungement of a conviction is even better than reducing it to a misdemeanor. You should consult a criminal defense attorney to discuss your options.See question
If I'm working for a state agency, and I strongly feel I'm being retaliated from whistleblowing. I know Oregon is a one party consent State. Can I record meetings I have with HR without them knowing? It would definitely help prove that it's retali...
You should consult an attorney privately. What you propose to do is a criminal offense in Oregon. Don't post anything else about this online.See question
I'm 15 and he turns 19 in November. We're 3 1/2 years apart. We've been dating for 3 months an we've had sex about 5 times. I went to the obgyn and she was asking me about my boyfriend and I mentioned that he was 18, she said she's a mandatory rep...
This is a very dangerous situation. Cases like this are prosecuted vigorously in Oregon. Your boyfriend is facing dire consequences, including jail, a felony conviction, and being labeled a sex offender. This could cause enormous damage to his freedom and future prospects. He should consult an attorney immediately. You may also benefit from consulting an attorney. Be aware that what you post online is NOT CONFIDENTIAL.See question
I am in my 30's and have a platonic but romantic relationship with a female, age 17. We have talking about how we're in love, and how, when she turns 18 I want to to visit her in England, and have an an intimate, physical relationship after her b...
Married man engaging in a flirtatious online relationship with a teenager? It sounds like you already know that you are exposing yourself to enormous jeopardy, including destruction of your reputation, financial penalties, and even jail. You don't need a lawyer to tell you this is very risky activity. Now you may be facing possible extortion. What would you say if a friend told you about this situation? Quite likely, you would tell your friend to stop before you get in any deeper. Here's some friendly advice. Don't post anything else about this online. What you have posted can be read by the police, prosecutors, extortionists, and others who could do you harm. Consult a lawyer confidentially if you want to analyze your exposure and manage your risk.See question
Stopped on shoulder, looked up but did not see an oncoming solo light grey car against a light grey pavement/background on an open road, midday, no other traffic. Did a u-turn into the path of the oncoming car I didn't see. No injuries (other driv...
If you want to fight the case, file a plea of not guilty and request a trial. Trial by affidavit is not the solution. Most likely, if you tell the judge what you posted online, you will be found guilty. It is not your obligation to present a defense. It is the obligation of the government to prove you are guilty. Many times, a smart defense attorney can defend a case like this successfully without the accused having to testify or offer evidence. Contact a defense attorney to discuss your options. And do not post anything else about your case online. What you post on a public forum such as this can be read by the police, the prosecutor and the judge, and used as evidence against you.See question
My Husband has 2 felonies that was over 20 years ago and is trying too get more information on how too, or if he can get them expunged from his record. Is there anyone who can help us?
Expungement is a service offered by many criminal defense attorneys in Oregon. Oregon's expungement law is found in ORS 137.225. The law can be very tricky and confusing. Some prosecutors oppose expungements even where the person clearly qualifies. If you want assistance from an attorney you should contact the attorney and request a confidential consultation. In order to evaluate your husband's eligibility, the attorney will want to know what crimes your husband was convicted of, where he was convicted, when he was convicted, whether your husband fully satisfied all requirements of his sentence, and whether your husband is facing any charges at the present time. Depending on the answers to these questions, your husband might qualify for expungement immediately. Many criminal defense attorneys offer information about expungement online. Upon the granting of a motion to set aside a criminal record, the conviction no longer exists, which means that the person is no longer prohibited from possessing a firearm by virtue of that case.See question
She's pregnant and this stupid thing is gonna get her landed in jailfor a long ttime
Any person facing a criminal charge needs to consult a defense attorney immediately. There is much that attorneys can do for people facing criminal charges. The accused person should not speak to anybody other than her attorney about the matter. Anything she says to you, the police, or anybody else, could only damage her situation further.See question