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Benjamin O Falk

Benjamin Falk’s Answers

5 total

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

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    Benjamin’s Answer

    Forgery is serious business that can affect you long-term. It is what's called a crime of "moral turpitude" which means a crime that has to do with theft, dishonesty or deception. For example, a conviction could affect your ability to act in a fiduciary capacity in careers such as a lawyer, or an accountant, or could affect your ability to receive a professional license. Don't take this lightly, and make sure you have a good defense attorney helping out.

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  • Dating a sex offender?

    Can my child be taken away if I am dating a registered sex offender from a juvenile offense?

    Benjamin’s Answer

    If the person you are dating poses a risk to children, then yes. Usually DHS will want the person do go through a bunch of tests and evaluations including what's called a full disclosure polygraph. If the person is willing to go through all of these tests, and the results indicate that the person is not a danger to children, then hopefully that would satisfy DHS. If the person is not willing to go through these tests, however, as a parent you are probably put in a situation where you're going to need to choose between this person and your children. It is an incredibly difficult position to be in for you and the person you're dating, but when push comes to shove the choice should be easy. You choose your kids. if DHS pushes the matter into the courts, the courts routinely appoint court-appointed attorneys for the parents and children.

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  • Was placed under arrest, then released. No citation. What is on my record?

    "Matched" a description, held in cuffs inside squad car. Eventually released.

    Benjamin’s Answer

    If you are placed under arrest, there probably is a record of arrest somewhere, or at least of you having been taken into custody. if there is a record of arrest, it may be possible to "expunge" the record of arrest. Since no charges were filed, you may have to wait a year before you can expunge the arrest. ORS 137.225 explains the expungement law, and can be found online with a search for "Oregon Revised Statutes." Oftentimes the district attorney's offices have expungement packets that are available to the general public that may be able to be completed and submitted without an attorney's help.

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  • What does a theft 1 x 3 and a theft 3 x 3 mean and what is the sentence if found guilty?

    I was charged with two theft charges by indictment, one was a theft 1 times 3 and the other was a theft 3 times 3. both listed as felonies. i have an arraignment in the morning, what can I expect? i don't have a lawyer other than the court appoint...

    Benjamin’s Answer

    if you're convicted of the theft one offenses, those are felonies. The sentence depends on a few factors including the value of the property, as well as your criminal history. If you don't have a serious criminal history, a theft conviction is usually presumptive probation with little to no jail time. With theft charges, sometimes there are other ways to work the matters such as a "civil compromise" where the alleged victim is paid compensation and agrees not to pursue the charges. it is very important that you talk to an experienced defense attorney to figure out the best way to proceed, and to figure out if you have valid challenges to the state's evidence.

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  • Should I let my insurance company handle this or I should hire an attorney?

    I was in a car accident, Police Report indicates that I was at fault that I ran a red light (EB) at 40mph, 1st car that struck me was heading SB, 2nd car was going NB, with that impact, I slided over to the 3rd car WB waiting to turn left (SB). ...

    Benjamin’s Answer

    Without a doubt, get your insurance company involved. They should have a "duty to defend" under your policy.

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