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Steven J Sherlag

Steven Sherlag’s Answers

57 total


  • My licence was revoked for third dui got the first one at age 17 should it have counted against the 3 strike law.

    first dui 1999 age 17 second age 18 and third age 31

    Steven’s Answer

    The answer is "maybe." An experienced lawyer will be able to walk you through all of the ways that you can challenge your prior convictions, and there are many. Mostly, it depends on whether or not everything was done right the first time, and often it wasn't because DUII is such a routine charge that sometimes lawyers or judges get sloppy and miss technical requirements.

    It is certainly worth checking into challenges such as this, and probably only an experienced lawyer can do so.

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  • Aressted for dui, refused all tests, taken to jail, never received ticket, went to arraignment and no charges filed what now?

    I was arrested for Duii, criminal mischief, reckless driving. I refused all test and spent a couple hours in jail. Upon release I was not issued a citation for any of the above, luckily I found my arraignment date online. Went to arraignment and n...

    Steven’s Answer

    You can sit back and wait, or you can contact the DA's office and find out if they are going to file charges -- or better yet hire an experienced lawyer to do this for you. The third option is to check periodically (every two weeks or so) to see if charges have been filed.

    The DA's have up to two years to file charges, and if they do so, they may just seek a warrant. Some jurisdictions actively try to serve the warrant, others just wait until there is police contact. If the warrant is issued within the two year period, it is possible for the issuance to "toll" the case -- so it may go on for considerably longer.

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  • Dose paying my driving without an operated license ticket get off my record or will the court ask me about that?

    Hi I have a reckless set over plea agreement and order. my problem is i have to sworn on oath that i have done all the requirements, i have done them all with all honesty, i just had an incident. me and my wife drove to a lake and she ended up ge...

    Steven’s Answer

    If you had a lawyer help you work out the reckless set over deal, contact that lawyer and s/he can advocate for you. You are technically going to be in violation of your diversion and the reckless set over, if the typical terms were imposed (no driving without valid license and insurance), so you might want to fight you ticket with an experienced traffic ticket lawyer.

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  • If there is an open Child Protective Assessment in Oregon, How long may it remain open before Determining the outcome?

    Oregon State

    Steven’s Answer

    Although the OARs give a guideline of 60 days, it is common for investigations to take longer. If you are being investigated, I'd strongly urge you to find a lawyer experienced in working with CPS. Many CPS workers work under the assumption that people have no rights, and that anyone who asserts their rights is a bad person and has done something wrong. They are not on your side and you cannot expect them to be objective about the situation.

    Get a lawyer right away.

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  • What can we do? What could happen?

    30 year old admitted to having sex with a 17 year old with parental permission? Sex abuse 2nd degree times 10 consequences? Time? They keep adding random more times everyday also

    Steven’s Answer

    You need to speak with an experienced lawyer right away -- one who handles sex cases, is known by the district attorney's office, and knows how to arrange the right type of evaluations and counseling to mitigate the offense.

    Just because someone confessed, it's not all over. There are lots of things an experienced lawyer can do.

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  • Can a Class A Felon-Assault get a passport by May?

    I got in a fight in 2012 and I am still on probabtion. I got a Class A felony. Can I still get a passport and travel to Cabo San lucas by may?

    Steven’s Answer

    You should apply as soon as you can, but it will be up to the receiving country to determine if they want to accept you. Some countries will exclude someone for even relatively minor convictions (for example Canada will exclude people for DUII and I'm aware of one instance for the Class B misdemeanor Harassment), so before you make plans, check with the receiving country's consulate.

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  • Please I have a pending case of domestic violence felony tipe c,in this case my daughter it's the victim,she is 14y old

    I used a belt for discipline, se got some bruses, welfare it's involved, she talk to them and she told them that this happened before wich it's not true,I lost my head when find out she was sneaking out rehearsals to go out with a boyfriend and a ...

    Steven’s Answer

    If you already have a lawyer, make an appointment and express your concerns. If not, you will need an experienced trial attorney who can gather all of the pertinent evidence and medical records to help you.

    It's very important for you to have faith in your lawyer, so if you can hash it out, do so. If not, look for someone who will listen to you and put your interests in the forefront. Good luck, DV cases are challenging and bring out high emotions, but juries can be very good in these cases too.

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  • In 2011, I was falsely accused and arrested for assault. No formal charges filed.

    I have written confession proving he lied. Can I charge him with perjury, filing false police report report, and have my record expunged?

    Steven’s Answer

    You can expunge your record, certainly, as long as you have no other disqualifying events (recent arrest, other expungements within a disqualifying period, etc).

    However the charging decision is within the power of the district attorney and strongly influenced by the police. I'd urge you to speak with an experienced lawyer first to make sure that what you have is strong and cannot be turned against you.

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  • A traffic ticket lead to criminal contempt? served 10 sentenced jail but arrested again on previous charge? why & is that lega

    the traffic ticket lead to trial but then dissmissed , then recieved a charge for criminal contempt? was asked to do work crew which lead to 10 sentence in jail which i served,. i thought we were done, but then i was arrested on a warrent for the ...

    Steven’s Answer

    You need to order court records and you may need a lawyer to make sense of it all. It's frankly hard to tell based on your rendition of the facts -- too many holes.

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  • I am 28 and share an apartment with a 19 year old. She drinks and does drugs. Am I at risk for legal trouble?

    She does not have big parties in our apartment, but she does have friends over and they do go out searching for parties. I DO NOT buy alcohol for her or consume it myself at all.

    Steven’s Answer

    You are certainly at risk. If the police come by to investigate Minor in Possession or drug charges, it is easy for them to lump you all together. You also could be in trouble for maintaining/frequenting a place where drugs are used and sold, after all if they are using drugs, they are occasionally coming into possession of it at your house. To that end, its possible that an aggressive prosecutor might see you as aiding and abetting the sale of drugs -- which can be very serious, especially if you are within 1000 ft of a school. Change your living situation asap, or kick the 19 year old out if that is a legal possibility.

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