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Sandi Pellikaan
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Sandi Pellikaan’s Answers

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  • Would it be possible to end probation early?

    I have the opportunity take a CNA class to further my career. I would have to get off probation first. Would it be possible to end it early due to the fact that my atterny asked for it because I was unemployed and he wasn't sure if I could pay my ...

    Sandi’s Answer

    Yes, it is possible to request early termination of probation once you have completed all requirements. Your attorney can do this for you. Good luck with your classes. Judges like to see probationers taking steps to improve their futures.

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  • By law does an officer have the right to threaten to arrest me to get more information without the evidence?

    I had been pulled over in my truck driving down a main road. I was informed by an officer that they had gotten a call about a person in a red truck doing donuts in a public park. When I was being questioned by the officer he assumed, that it had...

    Sandi’s Answer

    You should not discuss this incident with anyone other than your lawyer, and you should not post details online. An officer may arrest you if he has probable cause to believe you committed a crime. The standard for probable cause is fairly low, and is not the same as what the prosecutor would need to establish at trial - proof beyond a reasonable doubt. Again, talk with your lawyer.

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  • Can i expunge ors.475.860 in oregon

    Hello, in the state of oregon can i have my felony expunged i have a delivery of marrijuana for consideration. They just passed senate bill 844 thought maybe my charge would fall in the category. Its been 6 years since i was convicted, i have comp...

    Sandi’s Answer

    If you otherwise meet the requirements for expungement (and it sounds like you do), then yes, DCS (and MCS) Marijuana are charges that are eligible for expungement in Oregon.

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  • Oregon grand jury rules?

    At Grand Jury, is the Deputy District Attorney allowed to ask leading questions to a 4 year old child? Also, is the DDA allowed to ask questions that don't relate to the childs original allegations?

    Sandi’s Answer

    At Grand Jury, yes. Grand Juries are very different from trials. If you don't already have an attorney, I urge you to retain one sooner rather than later.

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  • Will I face jail time?

    I was caught shoplifting. It was under $50 and they let me go home after they took my information, but gave me a court date and a fine from the store it happened at. This is my first offense.

    Sandi’s Answer

    Under these facts, the potential charge would be Theft III. Theft III is a Class C misdemeanor and carries a maximum jail sentence of 30 days. That said, typically first time offenders receive are ordered to perform community service, pay a fine, and/or complete a :theft talk" class. Good luck.

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  • How do I get a misdemeanor expunged in Oregon from 10 or more years ago? What forms do I need? How do I check my record?

    I was interagated excessively entering Canada in 2013 because of a theft 3 charge that translated into a higher level in their court system. I want to get my record exponged from 10+ yrs ago.

    Sandi’s Answer

    An attorney experienced in expungement of arrest & conviction records can handle this for you; most of us offer free fee quotes. The most reliable way to check your record is to order a copy of your criminal history from Oregon State Police.

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  • Is a 1989 conviction for Manufacturing Marijuana eligible to be expunged?

    Convicted of a single count of Manufacturing Marijuana in 1989. Completed 2 years of probation and all terms successfully. Was arrested for DWLS in 2001 and the case was dismissed. I understand that this probably precludes me from expunging Cla...

    Sandi’s Answer

    Yes, as of June 30, 2016 MCS Marijuana is eligible to be expunged. HB3400 reclassified marijuana crimes to Class C felonies or misdemeanors. The law also incudes a provision that older marijuana crimes are to be considered under the new classification for purposes of expungement. Your 2001 arrest does not present any problem, as MCS Mj is now a Class C felony or a B misdemeanor.

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  • 1) Do I have to tell the police officer that I am recording both? 2) Can I bring/use the Dashcam video as evidence in court?

    In Oregon, I have a Dashcam camera installed in my vehicle, recording both audio and video. If I am stopped for a traffic violation....

    Sandi’s Answer

    yes, you should advise the other party you are recording him/her.
    yes, you may offer the video as evidence in court; the judge will determine whether it is admissible and whether you have laid the proper foundation.

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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...

    Sandi’s Answer

    This is known as a "civil demand letter" and is authorized by statute. You or your lawyer can contact them to dispute it or negotiate a lower amount, or you can ignore it and hope they don't refer it to collections (which could mess up your credit rating). Just be aware that this is completely separate from any criminal charge for Theft III.

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  • Should I get a stalking/restraining order?

    Hello, I have been having issues with my "neighbors" across the street. I say neighbors loosely because they don't live there but visit frequently. I have never even had a full conversation with them before and yet every time I go out to my ca...

    Sandi’s Answer

    You will need to include specific details on your application. You should document all incidents (date/time) involving these neighbors. The link below might be helpful for you, but you should check with Deschutes County for their particular requirements,

    https://victimrights.org/sites/default/files/StalkingInstructions031809.pdf

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