Ryan Scott’s Answers

Ryan Scott

Portland Criminal Defense Attorney.

Contributor Level 10
  1. What am I facing? 2 DUI in one month. already plead guilty to the first. accepted plea of bench probation. Just received another

    Answered 12 months ago.

    1. Clayton Tullos
    2. Ryan Scott
    3. Peter Christian Komar
    4. Dean George Tsourakis
    5. Anthony Michael Solis
    6. ···
    10 lawyer answers

    Notice all the attorneys saying you should get an attorney right away? There's a very important reason for that. I don't know the status of your license for this most recent arrest, because it's not clear to me whether last month's DUII resulted in diversion, but if the arresting officer provided you with a notice of suspension (for either one or three years or more), you have only ten days to file the notice challenging that suspension. That notice would lead to a hearing and your attorney...

    14 lawyers agreed with this answer

  2. I'm under investigation for a criminal case. Should I get a attorney?

    Answered 9 months ago.

    1. Damien S Donnelly-Cole
    2. Clayton Tullos
    3. Ryan Scott
    4. Karen J Mockrin
    5. Bruce Tarbox
    6. ···
    7 lawyer answers

    Getting an attorney prior to being charged can be hugely advantageous. Investigation can be done that might otherwise be lost. In some cases, such investigation can keep charges from being filed. (Once a case has been charged, which is damaging enough to your reputation, it gets a momentum all its own. That means, practically speaking, exculpatory evidence is often better at keeping a case from being charged than it is at getting it dismissed.) Even if investigation would be of limited...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Never been in trouble in my life

    Answered 11 months ago.

    1. Ryan Scott
    2. Ian Jeffrey Slavin
    3. Karen J Mockrin
    4. Kathryn Mary Holton
    5. Marc W Gunn
    5 lawyer answers

    You're only looking at more time if you're convicted (or you violate the terms of your release). But even then, with no criminal history, you may get no additional time. Please talk to an attorney about the strategy for trial, but also the possibility of a civil compromise. Unless you said something foolish to the police, nothing that you've reported that they said to you suggests the prosecution has evidence which would be sufficient to convict you. The statements of a co-defendant (...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I refused all DUI tests in Oregon after I was pulled over for speeding. I was placed under arrest after they say I failed a FST.

    Answered over 1 year ago.

    1. Ryan Scott
    2. Jared Justice
    3. Jay Bodzin
    4. Angela L Dawes
    5. Jasen Bodie Nielsen
    6. ···
    6 lawyer answers

    Hopefully court went well, and you learned about diversion and other options you may have. But one thing that is very important, if it's not too late, is to request a hearing before DMV to challenge any license suspension you may have received for refusing to take the intoxilyzer or getting a high score on the intoxilyzer. In Oregon, your right to challenge any suspension is lost if a hearing is not requested within 10 days of getting the citation, and unfortunately, no one in court is...

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  5. Do criminal defense attys usually file thier own motions to suppress evidense or do they outsource to a motions specialist atty?

    Answered 9 months ago.

    1. Ryan Scott
    2. Richard Todd Rosenstein
    3. John Matthew Leace
    4. Troy Austin Pickard
    4 lawyer answers

    Most attorneys write their own motions, although often "writing" means updating a motion someone else wrote that's been circulating. But some attorneys do hire other attorneys to write motions in particular cases. I've been hired a number of times for just that purpose. There could be a variety of reasons, but the most common is that criminal defense has gotten exponentially more complicated in the last twenty years. It is very hard for attorneys to stay on top of the rapidly shifting...

    9 lawyers agreed with this answer

  6. Help with public defender

    Answered 11 months ago.

    1. Ryan Scott
    2. Jeffrey S Siefman
    3. Thomas G. Briody
    3 lawyer answers

    Document your relationship with your lawyer. Write down how many times you've met, how long the meeting was, and what was discussed. Write down the same regarding phone calls. Write down what happened in court. Write down the things you've asked your lawyer to do that he or she hasn't done. Once you've done that, ask your attorney to schedule a hearing in which you would ask for a new attorney. When the judge asks you why you want a new attorney, rely on what you've written down to show...

    9 lawyers agreed with this answer

  7. Can someone get in trouble for breaking a court ordered no contact order after the dv case was dismissed?

    Answered over 1 year ago.

    1. Ryan Scott
    2. Jay Bodzin
    3. James Donald Garrett
    4. Joanne Reisman
    5. Ryan Anfuso
    5 lawyer answers

    The violation of the no-contact order could lead to a contempt charge (assuming the violation occurred prior to the case being dismissed). Technically, "contempt" is not a crime, but it can result in up to 6 months in jail, and it should be aggressively defended the same way you would a misdemeanor. Some counties still charge contempt complaints as unclassified misdemeanors; if that was done in your case, this is unlawful, and your attorney should move to dismiss the complaint for alleging a...

    9 lawyers agreed with this answer

  8. Can my misdemeanor probation be extended past the end date because of unpaid fines? And for how long?

    Answered 11 months ago.

    1. Ryan Scott
    2. Justin N Rosas
    2 lawyer answers

    Formal probation can be extended up to 5 years. Bench probation, another year after that. But if you've otherwise been in compliance, and you've made at least minimal payments each month, the judge may simply allow your probation to expire and send the remaining balance to the department of revenue for collection. I would be pro-active about this. Set up a time to see the judge before your probation expires and explain your situation. If you get out in front of it, a judge is more likely...

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  9. Will Oregon or California extradite a person with a WA state gross misdemeanor warrant if that person is stopped in OR or CA?

    Answered about 1 year ago.

    1. Ryan Scott
    2. Jeffrey S Siefman
    3. Jasen Bodie Nielsen
    4. Derek Anthony Patrin
    5. Ethan Patrick Meaney
    5 lawyer answers

    Frequently, the answer to this question is based on what type of warrant was issued by Washington. Since they have to incur the expense of extradition, they usually indicate on the warrant whether they are willing to extradite the subject from out-of-state. Moreover, they'll often get more specific than that, including regions of the country they will or will not extradite from. I would pay a WA state attorney for an hour's worth of work to determine what the warrant itself says about...

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  10. A grand jury indictment has been issued against me and now there is a warrant for my arrest. What does this mean?

    Answered over 1 year ago.

    1. Ryan Scott
    2. Blake Nathaniel Dore
    3. Allison L Williams
    4. Jay Bodzin
    5. Steven Fisher
    6. ···
    6 lawyer answers

    If the warrant is out of Multnomah County, it may be possible for a lawyer to schedule an out-of-custody arraignment so that you don't have to go to jail. You would only have to be booked, a half-hour process. This depends on the warrant itself, the nature of the charges, and other factors, and if you don't know, for example, what the charges are, your lawyer can usually find out. Even if it's not a warrant for which you can schedule an out-of-custody arraignment, your lawyer can tell you...

    7 lawyers agreed with this answer

    2 people marked this answer as helpful