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Ryan Scott

Ryan Scott’s Answers

120 total


  • 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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  • Is failure to sign lane change an arrest able offense in all states

    i understand it is legal to be detained for failure to signal in Texas. I am wondering about other states.

    Ryan’s Answer

    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/

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  • What steps would you recommend to appeal a criminal case in Oregon without using the same defense attorney?

    Sentencing has not yet occurred, family's funds are minimal after paying defense attorney, measure 11

    Ryan’s Answer

    • Selected as best answer

    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.)

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  • Is there a statute of limitations on a warrant when the warrant has not been executed for a criminal delievery of meth charges?

    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?

    Ryan’s Answer

    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.

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  • Is there a Statute of limitations for not completing supervised 3 year misdemeanor probation?

    This happened approximately 30 years ago that I left the State of Oregon without completing the probation. As it was a marijuana sales conviction and with Oregon's recent marijuana legalization is that a contributing factor?

    Ryan’s Answer

    In addition to the other answers, I want to stress that a warrant -- even if it's a warrant for something that will be dismissed as soon as you appear -- can impact your receipt of social security or disability payments. I have gotten calls from people who planned to some day to return to Oregon to get a warrant taken care of, but kept putting it off because it wasn't a big problem. Then, they became too disabled to travel, but they couldn't get their disability because of the warrant. Take care of it now. It will be a small hassle -- with the legalization of marijuana in Oregon, a very, very small hassle -- but better now than later.

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  • Warrant for manufacture/Delivery C Repealled/Renumbered

    I have a Warrant for manufacture/Delivery C out of Portland Oregon Multnomah County I sold a gram of marijuana to a undercover cop in a park in 1987 and never appeared On a background records search yesterday of myself I noticed for ...

    Ryan’s Answer

    Delivery of Marijuana for Consideration (i.e., the sale of marijuana) was a B felony in Oregon until a couple of weeks ago. It's possible that it was a C felony in 1987 -- you could find out by looking at a 1986 Oregon criminal code at any Oregon law library.

    But whether it was a C felony or a B felony doesn't really matter now. What matters is getting any warrant dismissed (if there is a warrant) and getting your arrest expunged, so that it never appears on a background check again. Getting advice from an attorney can help smooth the process but at a minimum I'd turn yourself in early on a Tuesday or Wednesday morning. You'll be kicked loose almost immediately, most likely before arraignment (assuming no other warrants for your arrest). When you appear at arraignment, the charge will be dismissed. If this is Multnomah County, following dismissal of the charge, you can go to the Metropolitan Public Defenders office most any Monday at 1PM for their expungement clinic and start the process to get the arrest off your record.

    It may seem like a hassle, but if there is a warrant out there -- even if it's only on paper and will never be executed -- it can impact any social security or disability payments you might want in the future. Better to take care of this now.

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  • Can a judge give me more time in jail ?

    I missed my court date for theft in second degree. I had 4 counts on me. They just told me to turn myself in. But shortly after I found out I was pregnant. Can I still go to jail ?

    Ryan’s Answer

    You can still go to jail, but turning yourself in will increase the odds that you'll be released again. Also, if you just recently missed court, and the court is in Multnomah County, an attorney can frequently arrange for you to appear and have the bench warrant lifted.

    The important thing to remember is that there is never a convenient time to go to jail. Turning yourself in, especially when it's early in your pregnancy, gives you much more control over your fate. You can pay your rent beforehand, make sure your prescriptions are picked up, and do all sorts of things that minimize the damage of going into custody, even for a short time. Waiting to be arrested -- either when the police come to your house or just pull you over during a traffic stop -- is likely to be far more inconvenient, because it is out of your control.

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  • Change my plea at sentencing

    My case was dragged out for a year and at one a point met with my attorney and Co defendant attorney and we was giving a offer and told we must decide right there and then. So under extrem distress made a discussion to take it.im going to sentenci...

    Ryan’s Answer

    Generally speaking, being rushed to make a decision is not likely to suffice as grounds to withdraw your plea. It is simply too commonplace. What can work -- or at least would have a better chance -- is if you entered the plea not knowing something you should have known, and that had you known that something -- whatever it is -- you wouldn't have entered a guilty plea.

    Odds are, you are not going to figure out what you didn't know on your own. You may want to hire an attorney for a couple of hours worth of work to make sure the plea was completely knowing -- that attorney could tell you all of the collateral consequences of the plea your original attorney might have failed to tell you. Let me be clear: I'm not suggesting you switch attorneys, only that you hire one for a second opinion.

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  • Will i be arrested at the airport?

    I have a felony arrest warrant for theft from 11+ years ago in marion county oregon I moved to Texas around that time due to drug use and trouble I was getting into. Having stayed I would be dead or in prison. Since leaving I have done a complete ...

    Ryan’s Answer

    I agree with what has been written by the other commentators. I write only to add that because it's a possibility you will be arrested, you should seriously consider what day you fly in. If you're arrested in Portland, and you're not immediately released, it would likely take a day or two to get you to Marion County jail. When you arrive in Salem, if it's a Saturday, you wouldn't be arraigned until Monday.

    In other words, you could spend in jail the amount of time you could have spent driving in.

    I would recommend talking to a Salem attorney about the best time and day to turn yourself in, in the interest of getting arraigned and possibly released either that day or the next.

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  • Can I be denied SS benefits on a 16 year old felony warrant from another state?

    I was arrested on this warrant in the state that I currently live in 10 years after it was issued. I was held in the county jail on a fugitive charge for 10 weeks at which point i waived extradition on the advice of my lawyer. I was released the s...

    Ryan’s Answer

    Yes, it is possible your benefits would be denied. I can't say with certainty, but it's not uncommon. I have gotten calls from people who always meant to travel across country and turn themselves in to resolve the matter but kept putting it off. Then, they suffer from injuries and illness and are unable to travel. But as a result of the warrant, their SS disability is denied.

    It will almost certainly be better to take care of it while you can.

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