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Thomas Ifversen’s Answers

193 total


  • What must be done to officially end a probation period?

    I am on probation in Clackamas County, and my probation period ends in a few months. Does the probation period end automatically, or do I need to take some kind of action in order for the probation period to officially end? Thank you.

    Thomas’s Answer

    While it is true that probation expires unless the court extends it, certain types of probation require proof of completion of things (treatment, counseling, etc.) before the probation will terminate. I have had cases where an allegation of a violation has popped up a few days before the probation expires!

    If it was me, I would get in touch with my PO and ask if everything is good so the probation can expire. If it is, you can just rest easy until it expires. If you want to file a motion to terminate it early, contact a lawyer, and a motion can get filed so the Court can terminate it early.

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  • Is it possible to get a government clearance after a felony?

    My brother was charged with a felony (robbery 2nd degree) 11 years ago. He has since stayed put of trouble completely, all fines paid, and he paid for expungement. recently he obtained his 2 college degree. He was offered a job and a friend that ...

    Thomas’s Answer

    Mr. Tate Davis is likely correct, but I feel the need to inject that in my experience, even after crimes are expunged, they exist on all sorts of databases. Most employers use a private company to do a background check, and that is where things that shouldn't be found are found. Much like an error on your credit report, you need to request that the party that is reporting the expunged offense RE-CHECK their results. They will likely then go to the State database and update your result. As far as the government clearance is concerned, they will almost always ask about expunged offenses anyway, so you should probably be up front about having expunged a felony. Once you expunge something, it is technically a legal truth to say you were never convicted, so it is possible that you could still qualify for this job (please understand that I have NO knowledge of this whatsoever, I am merely speculating, and this is NOT legal advice). Good luck!

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  • A house I was living at was raided and no one was arrested or charged but they have evidence they taken out of the home.

    I moved in to a house to help a person out they still have an investigation going on due to father eaten by his own pigs, on the 8th a search warrant was issued for drugs and stolen property, I was detained then released afterwards then told me th...

    Thomas’s Answer

    I am taking a stab at this question assuming you want to know about moving. Until there are pending charges, there are no restrictions on your movements. Keep in mind, however, that if charges are eventually filed, a warrant will issue and remain until you are brought in for an arraignment. Get in touch with a lawyer, and DO NOT post any details about the case online. Many lawyers will charge a nominal fee to monitor the case and insure that no warrant issues. Good luck!

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  • Assult 4 pending, care for my disabled son, got letter, was denied from my income of caring for him, failed background check

    my daughter (23) n mother went to police for AdvIce after we had a physical confrontation. I was arrested. I have a no contact order against me for my daughter. and i am not speaking to my mother. I need to get my income approved and this removed ...

    Thomas’s Answer

    This is why lawyers go through years of school, practice, and continuing legal education... So we can help someone who finds themselves embroiled in the system with a lot at stake. I wish it was as easy as giving you a few pointers on a free chatline, but it isn't. it sounds like you really need someone who will step up to the plate and fight for you. From the information you posted, I don't think anyone could give you any competent advice. And you REALLY should not post any particular facts on a forum like this! The statements you have made can be used against you. Please do not post anything further. Contact a lawyer familiar with your jurisdiction. You need and you deserve help. Look up someone on Avvo, there are a lot of good lawyers on here. Good luck!

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  • What can happen if I leave the state and move to another on probation?

    If I leave Oregon while on probation for a misdemeanor and move to Wisconsin what could happen?.

    Thomas’s Answer

    I depends if you are on formal or bench (or enhanced bench) probation... You don't want to just go without telling anyone... That would be a violation, and could lead to warrants and a long time in jail. Why don't you ask the lawyer who represented you during your case? That lawyer would know the details of the probation and tell you what you need to do. It could be anything from simply notifying the court up to having your PO tell you that you can't go.

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  • I got a duii in OR but I have a NV license do I contact NV or OR dmv for implied concent hearing

    I am in the military and live in oregon but am still a resident of nevada how does the implied concent hearing work?

    Thomas’s Answer

    You need to contact the Oregon Department of Administrative Hearings in Salem. Because you are being accused of violating Oregon law, the Oregon DMV wants to suspend your driving privileges in Oregon. This will have no effect on your Nevada licence (unless Nevada wants to suspend your licence as well), but Oregon can tell you that you are not allowed to drive here in Oregon.

    Get in touch with a lawyer who handles DUII cases here in Oregon. Most will request a DMV hearing for you as a courtesy (my office will do this over the phone if you call). You are going to need an attorney in any event, and the sooner you get one, the better!

    Good luck!

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  • Will an attorney accept promise of bail as payment?

    My bail was set at $100,000 and I paid $10,000 but now I am completely broke, I had to borrow money from family and I almost job my job. Now, I simply cannot afford to pay for an attorney. I make too much to get a public defender and I am pretty s...

    Thomas’s Answer

    Sorry... unethical for a layer to do that. kind of like taking a criminal case on a contingency basis.

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  • Can I sue department of assigned counselor. He didn't give me the right advice. they dropped the charges then bring them back.

    I was charged 3rd degree assault i didn't hit the officer. I'm mentally ill and i didn't believe he was a police. The police let me get out the car then get back in the car. he didn't ask me for driver license or anything. i told him i had a misde...

    Thomas’s Answer

    Please talk to a lawyer one-on-one. Your question goes in so many directions that it is impossible to give you any answers whatsoever. Your lawyer may have totally screwed your case up. Then again, he may have done a fabulous job, and you don't understand what kind of bullet you have dodged. Please get the advice of an attorney who can take enough time to understand the dynamics of your case, and actually give you competent and confidential advice.

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  • If I recieved a DUI, and my court date is 9/2/13, which is Labor day and courts are closed. What are my options

    Court date is on a holiday.

    Thomas’s Answer

    Call the court and make double-sure. You will want to speak with criminal calendaring. They will probably tell you what the custom is in that jurisdiction for such an error. Then the most important thing to do will be to get yourself a good attorney! Some courts will simply issue a warrant since you haven't been arraigned on the citation. Your attorney should be able to avoid this happening, and be able to reschedule the arraignment. The WORST thing you can do is to just ignore it. Somebody made a clerical error, but that is not going to have any effect on whether your case is prosecuted or not!

    Good Luck!

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  • The court has ordered that i do 60 days worth of uas that should total 16 ua. I completed 17

    I completed them on the 10th of august but now cps is saying that must do one or two more uas what do i do i have already completed the court order of 60 days they want me to do more can i just stop doing them or what please help me

    Thomas’s Answer

    Given the information you have posted, it is difficult to give you a direct answer. In many cases, CPS is operating independently from the Court. So while you may have satisfied the court order, CPS wants you to jump through more hoops, and they may be able to do things to you above and beyond what the Court can do.
    You really should consult with your lawyer on this so that there is a clear line of communication, and you can get actual legal advice.

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