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Ryan Scott

Ryan Scott’s Answers

129 total


  • Will I face jail time?? Since it's my first and only offense??

    I shot of some rounds within city limits trying to break up a fight.Got arrested and spent 10 days in jail but posted bail. I do have a CHL and no prior convictions nor felonies.

    Ryan’s Answer

    While I don't think it is likely, the charge that fits what you've described -- unlawful use of a weapon -- can include an enhancement ("use or threatened use of a firearm") that could result in a five year prison sentence. While that is highly unlikely, given your particular circumstances, it is all the more reason you should seek the advice of qualified counsel.

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  • Do i have to pay the $250 restitution for something i did not do with intention?

    Walmart security stopped me as i was leaving the store after spending about $150 and asked me to go into there office (still in store) they asked me to empty my pocked and i had a small tool in my pocket ($5) that i was not aware of putting ther...

    Ryan’s Answer

    Do you have to pay it? No. It is highly unlikely they would pursue you for the money, especially when the theft is disputed. These letters are common, but they're only lucrative for the businesses that send them as long as the recipients send them money in response without putting up a fuss.

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  • Should I release the passcode to my Iphone? Given the circumstances

    I had my phone confiscated in early December, as evidence for drug charges I am facing. The state trooper that arrested me called to tell me that the Iphone I have runs on a newer software that they can't hack the passcode to in their office. He c...

    Ryan’s Answer

    You might find the following link to be worthwhile, as it discusses passcode situations like yours. https://libraryofdefense.ocdla.org/Blog:Main/Can_a_person_be_compelled_to_provide_their_passcode%3F

    The police do not want to help you. They want to damage your life. Sure, they won't frame it that way. But the whole point of a conviction and sentence is to make your life worse. With that in mind, why would you want to do something to help them get the evidence to convict you?

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  • If a 17 yr old i having sex with a 19 yr old, after the 17 year old turns 18 can their parents still press charges for the child

    Would the parents be able to press charges for their child even without their 18 yr old child's consent

    Ryan’s Answer

    As noted, if the intercourse was consensual, the small age difference would be a complete defense to the crime. Even if it wasn't, the 17 year old doesn't have to talk to the police or admit to any intercourse. Absent videos or photos, or some corroborative evidence if the 19 year old confesses, as long as the 17 year old doesn't talk to the police, there is nothing that can be proven.

    That said, while intercourse between a 17 year old and 19 year old could not be prosecuted, there are related crimes that could be, potentially. Sexting could become the crime of Luring a Minor. Sexy selfies by the 17 year old could be considered Child Porn if found on the 19 year old's cell phone. (In Oregon, child porn is criminalized under the title Encouraging Child Sexual Abuse.)

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  • Arrested for CITE

    What does it mean if someone was arrested for CITE?

    Ryan’s Answer

    As always, context is everything, and there's not much here, but I'm guessing it means the defendant was not arrested and taken to the police station but rather given a citation to appear in court at a later time.

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  • Its been three days since I asked if there was a no contact order and still haven't received or Hurd anything

    He got sentenced already so since I haven't received anything and they didn't discus it in court am I able to contact him or who can I call to find out

    Ryan’s Answer

    I would recommend going to the courthouse and asking for a copy of the judgment. There may be an interim judgment if the final judgment hasn't been entered yet. Review it and determine if he can have contact with you. (You can't get into trouble for contact with him, but you could get him in trouble.)

    If no contact is allowed, call the probation office and ask to speak to his probation officer. Tell the PO you want contact, and ask what your boyfriend must do in order to be allowed contact. Ask the PO to relay that information to your boyfriend.

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  • How long can I get in prison for theft 1 theft 2 unlawful entrance into a motor vehicle?

    I broke into someones car and stole 1,000 I have a troubled past and am terrified of what's going to happen

    Ryan’s Answer

    There is no way someone can answer that question without knowing the details of your criminal history. It wouldn't just be your prior convictions. To fully assess the most viable outcomes, a lawyer would need to know, for example, whether or not you'd ever received a downward departure on a property crime before.

    Be patient. Your lawyer will be able to answer your questions in due course. Since you are out of custody, take advantage of this opportunity to do the things that will impress a judge down the road: drug treatment, mental health counseling, employment, charity work, etc.

    Good luck.

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  • Does Oregon routinely act to extradite individuals from other states for FTA for Felony DUI? No injuries, no property damage.

    A friend FTA for arraignment for a Felony DUI in Oregon. She assumes a warrant was issued. This was a month ago. Yesterday she was pulled over for a traffic stop in a Mid-Atlantic state where she lives. The officers made no mention of the warrant...

    Ryan’s Answer

    Keep in mind two things. There are two types of Felony DUIIs (two prior DUII convictions and three prior DUII convictions). There are also two three types of warrants: those that are only executed if the person is in-state only, those that are executed nation-wide, and a middle one: those that are only executed if the person is either in-state or in a state that borders Oregon.

    I don't know which of the three warrants is routinely ordered for which type of Felony DUIIs. But warrants for C-felonies, which felony DUIIs are, usually have a reach no further than a border state.

    If your friend is planning on staying on the east coast, she should consider sending a letter to the warrants department of the sheriff of the county she was charged in -- as well as the DA's office -- inquiring whether she has a warrant and including in the letter her current address. Maybe they'll write back, maybe they won't, but having a record that they knew where to find her will help with a speedy trial dismissal motion if she wants to get the case resolved in three years or more.

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  • Is it illegal for a 30 something year old American to have a romantic, non-sexual relationship with a 17 year old female in Engl

    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...

    Ryan’s Answer

    While sex in England with a 17 year old may or may not be legal in England (you'd have to talk with someone who knows English law), you could -- at least theoretically -- be guilty of Online Sexual Corruption of a Minor, based on your conversations you have while you are residing in Oregon. You can check out the relevant statutes at ORS 163.432 and 163.433.

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  • Do I need a lawyer to get my crimminal exspongment?

    I have a class C felony for DCS for marijuana from 10 years ago. Marijuana is now legal in Oregon and I want to know if I can get it exsponged

    Ryan’s Answer

    If your conviction was out of Multnomah County (which includes most of Portland), then you may be able to do the expungement yourself with the assistance of the expungement clinic at Metropolitan Public Defenders, which meets most Mondays at 1PM. Pretty much any question you have could be answered there, as well as the forms you'd need.

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