Would the parents be able to press charges for their child even without their 18 yr old child's consent
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.)See question
What does it mean if someone was arrested for CITE?
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.See question
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
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.See question
I broke into someones car and stole 1,000 I have a troubled past and am terrified of what's going to happen
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.See question
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...
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.See question
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...
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.See question
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
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.See question
i understand it is legal to be detained for failure to signal in Texas. I am wondering about other states.
I agree with Ms. Oberdorfer. For further discussion regarding the the law surrounding the arrest of Ms. Bland, check out this article: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/23/the-law-of-the-sandra-bland-traffic-stop/See question
Sentencing has not yet occurred, family's funds are minimal after paying defense attorney, measure 11
Ask the current attorney to refer the case to the Office of Public Defense Services (OPDS) so that they can file the notice of appeal. That will ensure the deadline is met. Call OPDS to confirm the referral was sent.
The defendant -- because he is serving a prison sentence -- will likely qualify for court-appointed counsel. That will mean the state will pick up the tab for both the transcript and the appellate attorney. Even if you decide to hire an attorney for the appeal, wait until the transcript is done. (If the notice of appeal has been filed, there is no reason to rush into hiring an appellate attorney.)See question
A person is going to testify against me from as act I suppossedly did a year ago. If they don't execute the warrent, is there a satire of limitation on the warrant?
I assume the arrest warrant is for you. While technically there is no statute of limitations (SOL), if the warrant isn't executed in a timely manner, in can impact the statute of limitations. For example, normally an indictment within three years of the incident date would satisfy the SOL -- and the existence of a warrant for your arrest implies an indictment or other complaint -- failure to execute the warrant within 3 years could permit you to make a SOL-type challenge. However, even that 3 year period can be lengthened -- to the benefit of the state -- if you are out-of-state or otherwise dodging service. Similarly, if the gov't is attempting to serve the warrant but can't find you, your SOL-type challenge would likely fail.
In other words, if you want to wait until you get to the point where you can move to dismiss, you (1) have to wait at least three years, (2) can't go into hiding, (3) can't be too hard to find, and (4) hope you don't get caught during that period. Even then, no guarantees.See question