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Bronson D James

Bronson James’s Answers

118 total


  • He got charged with felonies after discharged from military for a sex crime committed whle on leave. What now?

    Can the miitary become part of the case since the incident happened while on leave. He did not get discharged for this. Nothing was said about the incident until after he was discharged.

    Bronson’s Answer

    There isn't enough information in you post to be bale to give you much of a response. It appears someone was charged in Clackamas County, on an unknown felony sex crime, is that correct? Will the military interfere with that proceeding, no, not likely. They may, however, provide evidence or witnesses.

    In any event, if this person has been charged with a felony, they need a lawyer immediately. This is a conversation that should occur in the privacy of the attorney-client relationship.

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  • I purchased liquor with a fake id and was caught by an undercover police officer outside of the liquor store, what should I plea

    I have a clean record.

    Bronson’s Answer

    Deciding whether or not to plea to a charge is a very complex decision that should only be made after detailed consultation with an attorney.

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  • In rape assult does a police officer have to file a report ? what does one do if they did not give report to da with rape kit

    i was raped and did not report it a friend did six days later. A clackamas county sherriff came to me and i agreed to go do a rape kit and give a report. I went to jail the next day for six months, the officer knew i had to go to jail the next day...

    Bronson’s Answer

    First, I am so sorry to hear this happened to you. And I'm also sorry to hear that the system has not been treating you with respect and dignity.

    In Oregon, as a crime victim, you have certain constitutional and statutory rights. You have the right to hire an attorney to help you enforce those victim rights. Sometimes, getting an attorney involved can help spur an investigation, and help you get justice. Or, at least it may provide you clear answers as to why the state is proceeding as it has been.

    In any event, you may want to consider this route. Good luck to you.

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  • Are there any major reasons I should not take this charge away from my friend?

    I have a friend that is a felon and is facing a felon in possession of a firearm charge. I have a misdemenor insufficient funds charge on my record from 2005 but am clear otherwise. The gun is not stolen and has been cleared in two checks performe...

    Bronson’s Answer

    Over my career, I have yet to see someone successfully lie to get someone out of trouble. I have, however, seen many people lie and get themselves into trouble. Your best course of action in legal matters is truth, or silence.

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  • I was arrested for discharging a weapon in certain municipalities. Do I need a lawyer? Never been in trouble.

    What will most likely happen? Is there a chance for a dismissal?

    Bronson’s Answer

    I do not practice in your jurisdiction, so will not give you information about your charge. But I will tell you something that I think is pretty much universal. When you're arrested for a crime, you need an attorney. The criminal justice system is very confusing, and not designed to be navigated by people on their own. It can be a bit of a meat grinder in fact, with little patience or compassion. There is no one in that system who is "on your side." Certainly not the prosecutor, or law enforcement, or the court staff. The only person who will look out for your interests is your own lawyer.

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  • Is it possible to vacate a conviction for an attempted compelling prostitution charge which was based on a msg left on a phone?

    My son left a message on a girl's cell phone requesting money. He was convicted with a sex offender charge and know has to register and can no longer live with us because of our 14 year old daughter. Can I/we get this conviction vacated or appea...

    Bronson’s Answer

    There are three principle mechanisms for challenging a conviction after trial. The first is direct appeal, which only challenges legal errors made by the court. You must file a notice of appeal within 30 days of the entry of judgment. The second mechanism is post-conviction relief, which challenges errors made by trial counsel, such as ineffective assistance. You must file post-conviction petitions within two years of the entry of judgment, either trial judgment, or appellate judgment if an appeal was taken. The final mechanism is hebeas corpus (both state and federal) which have their own highly specific uses and timelines which I'm not going to relate here.

    However, you may not need to fully vacate the conviction. You might be able to petition for a change in post-prison/probation conditions, or seek a waiver of an existing condition.

    In any case, you would need to consult with an attorney about the specifics of this case. Much more information in needed to give you the best information.

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  • My son was just murdered in an intake prision by two other inmates should there be a liability case here?

    was told they jumped him. there were no weapons. was over in a matter of seconds. I thought the prison was supposed to protect him....he was taken in and will not be coming out alive?

    Bronson’s Answer

    I am so sorry to hear of this. You have my deepest sympathies.

    In cases of prisoner deaths, the institution can be liable in certain circumstances. But those are very fact specific, and we would need to know many more details of the incident. After you've taken some time to deal with this family tragedy, you should contact a lawyer.

    You're welcome to contact my firm, www.jdlattorneys.com, who handles these types of cases, or the Oregon Bar referral at 503-620-0222.

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  • 2nd offense for theft 3 while on bench probation what could happen

    never had record before the first theft charge i have taken a shoplifting class since my 2nd charge and am going to court in few days

    Bronson’s Answer

    You can face not only the penalty on the new charge, but in theory, revocation of the probation on the past charge. You need to hire a lawyer to discuss this matter in confidence. The likelihood of the result is a product of your factual circumstance, your past, the nature of the new theft, etc.

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  • Im i violating my parole if im out of town

    Im on parole

    Bronson’s Answer

    You haven't given enough information for anyone to give you a cogent response. First, do you actually mean parole, or just probation? What are your conditions? Do you have a P.O.? and do you mean out of town, or out of the state?

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  • Forced to provide a password for computer if it is encrypted

    If an old computer was seized from a friend's house and the hard drive in that computer was encrypted, could he forced to provide the password for it? What if he doesn't remember what the password was?

    Bronson’s Answer

    Possibly. There are cases outside of Oregon where the government was able to compel production of either an unencrypted drive, or in the alternative the encryption key/password. For example, In re Boucher from the federal court in Vermont. However, I do not believe Oregon state court has directly addressed this issue under state law analysis.

    In any case, if the government were to make such a request, the person would definitely need a lawyer to fight either the subpoena, or the request to compel disclosure.

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