Daniel J DiCicco's Answers

Daniel J DiCicco
Portland DUI / DWI Attorney.
Contributor Level 13

2

Attorney answers:

  1. Daniel J DiCicco
  2. Avvo Staff Moderator

Oregon child support laws, how is child support calculated in state of Oregon

Asked by a user in Portland, OR - over 3 years ago.

A "child attending school" is a specially defined type of person. Here is the law: ORS 107.108 Support or maintenance for child attending school; rules. (1) As used in this section: (a) “Child attending school” means a child of the parties who: (A) Is unmarried; (B) Is 18 years of age or older and under 21 years of age; (C) Is making satisfactory academic progress as defined by the school that the child attends; and (D) Has a course load that is...

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Attorney answers:

  1. Daniel J DiCicco
  2. William Robert Falcone

What is a civil compromise and if I accept the civil compromise will I lose any claims against the person that hit me

Asked by a user in Beaverton, OR - over 3 years ago.

A civil compromise is a good way for someone who has criminal charges against them to get the charges dismissed. I'm assuming your case is like this: some drunk guy hit your car and caused some damages. You want to get your repairs paid for. The state is likely prosecuting the other driver for Criminal Mischief or something along those lines. Part of that charge is to make sure that you get paid for what he broke. By doing a civil compromise, you are essentially agreeing that the criminal...

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Attorney answers:

  1. Daniel J DiCicco
  2. Pamela Koslyn

If i post an audio recording of my original poem on a facebook fan page, do I risk losing ownership of the piece?

Asked by a user in Portland, OR - over 2 years ago.

You do not lose your work or ownership of that work. What you are doing is granting a license to Facebook to use your work. You still own the copyright in that work. If for some reason your original poem becomes a million-dollar hit, you likely have a way to revoke the license you granted to facebook. But you should understand that a license and a copyright are two different things. You have a copyright any time you write something original. You don't even need to file it with the...

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Attorney answers:

  1. Daniel J DiCicco
  2. J Christopher Minor

Looking for a form I can download to transfer real estate.

Asked by a user in Portland, OR - over 3 years ago.

A downloaded form is probably not going to be your best bet. Who knows what you'll get. I don't know of any online resources. There is, however, a store in downtown Portland right across from the courthouse called "Stevens & Ness". They specialize in legal forms of all types and I am almost certain that they have the form you need there. It will probably cost you like 15 bucks. Good luck.

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Attorney answers:

  1. Daniel J DiCicco
  2. Peter J Carini

Will a theft III charge reduced to a violation appear on a background check?

Asked by a user in Portland, OR - about 2 years ago.

Depends on the thoroughness of the background check. Some checks may look into violations; some may see that the theft III was charged as a crime but then reduced via a plea. Whatever the case, you technically have never been convicted of a crime so you can answer accordingly.

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Attorney answers:

  1. Daniel J DiCicco
  2. Mark Kramer

Can my fed. and state refund be fed eral offset with out any notice,when i pay child support payments,fms kept all of refund!

Asked by a user in Portland, OR - about 2 years ago.

If you owe back child support (arrears) then the child support folks can keep your refund to satisfy those arrears.

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Attorney answers:

  1. Daniel J DiCicco
  2. Edward A Kroll
  3. Troy Austin Pickard

Do I need a family law attorney?

Asked by a user in Portland, OR - over 1 year ago.

What you may want to do instead is file a motion to correct the judgment if there are mistakes in it. If your objection to the judgment is that you don't like the various rights and duties it imposes, then you'll need to try and set it aside. Be warned that you need sufficient grounds to do so, like fraud or surprise or some other allowable grounds. If it's just a matter of an address being wrong or a VIN for a car or some other clerical type error, then you can do a motion to correct...

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Attorney answers:

  1. Daniel J DiCicco
  2. Daniel Nathan Ballard
  3. Jefferson Hampton Coulter II

I wanted to know if it was legal to sell replica designer bags, jordan shoes and designer apperal?

Asked by a user in Portland, OR - over 3 years ago.

The biggest problem you face is that you can't sell knock-offs as if they were originals. You also have trademark issues if you are putting original logos onto knock-off merchandise. For instance, if you have a pair of sun-glasses and you stamp them "Oakley," then you have to make sure that the buyer knows that are replicas to avoid misleading him about the purchase (illegal). Oakley could raise a stink about the sale as well since you are not selling real Oakleys but you are still...

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Attorney answers:

  1. Daniel J DiCicco
  2. Lawrence Hindin Geller

Im 5 months pregnant.Is it ok 4 me to move out of state after I have my baby If the fathers not involved but says he want to be

Asked by a user in Portland, OR - over 3 years ago.

Well, right now the dad (if he is indeed the dad) has no rights at all. If you are thinking about moving, then you should move before the baby is born to avoid legal hassles in Oregon. Dad would have to track you down and initiate child custody proceedings in the state you move to. That would be expensive and troublesome for dad, which means it is less likely to happen. If you stay here in Oregon and have the baby, then dad could establish paternity and initiate a custody suit. It would be...

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Attorney answers:

  1. Daniel J DiCicco

How do I go about filing a lawsuit against a night club after I was beaten and humiliated by the bouncers there?

Asked by a user in Portland, OR - over 3 years ago.

Man that really sucks. It sounds like you have a decent claim against the nightclub for what happened. If you have some reliable witnesses to the event then we could probably make a good case out of it. That said, if you were drunk or drinking then your case gets much harder to make. The biggest problem is that at these clubs, everyone is drinking and everyone is seeing different things. Maybe the bouncer got you confused. Maybe you were belligerent to the bouncer even though you didn't...

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