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James R Gregory

James Gregory’s Answers

277 total


  • If you bail out of jail while also owing child support, does your bail money go to child support?

    James’s Answer

    • Selected as best answer

    Depends on how the ball was paid. If the money was placed on his books for self bail, DOJ will seize for back support. If mom bailed him out directly, she should get a refund, minus "service charges."

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  • Do I have a lawsuit?

    James’s Answer

    What was the date of this incident? The sheriff does have a duty to keep you safe in custody, but there is a 180 day notice requirement under the Oregon Tort Claims Act, and a statute of limitations for a federal case.

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  • Can i be charged with felon in possession of firearm, if it was missing pieces & inoperable..?

    James’s Answer

    What about the request to search? Sounds like a great motion to suppress evidence to me.

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  • What is the cost to the state, (Oregon) for one day of trial. Felony, 12 man jury.?

    James’s Answer

    Interesting question. I would call the state court administrators office in Salem.

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  • Is it too late to get a lawyer??

    James’s Answer

    Your instinct is absolutely correct, and I would never speak to police under the circumstances without having first consulted with an experienced criminal defense attorney.

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  • GPS Bracelet is causing injury on my ankle?

    James’s Answer

    Many people wear ankle bracelets without issue. My question is whether the PO has the authority to order you to wear the device if that was not ordered by the judge at your original sentencing. There have been a few cases about this recently. . .you should consult with an attorney.

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  • Can you be convicted of burglary 2 if some one you where with goes into an open storage unit (door wide open)

    James’s Answer

    Burglary = Trespass to a Structure + Intent to Commit a Crime Therein.

    Sounds like a decent trial case to me.

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  • Now what do I do?

    James’s Answer

    Under these circumstances, you should be able to reach out to the sentencing court and request a modification of your sentence allowing you to live at your new address. I cannot imagine a court denying such a request.

    I would recommend making the request in writing. Make sure you send the prosecutor a copy of your letter at the same time it is sent to the judge, and make sure the judge is aware that you provided the copy.

    As an alternative, an experienced attorney could probably handle this situation for you in a fairly short time.

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  • Does Winco security have to wait and call the police if I ask them to during a shoplifting accusation?

    James’s Answer

    Merchants are allowed to use reasonable force to detain a shoplifter. You have no "right" to be taken into custody by police. It sounds like your reaction escalated the situation, and it is unlikely in my opinion that a jury will penalize the employees for their actions.

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  • I have a probation violation warrent for leaving state of oregon it's been 9 years does it go away after a certain many years?

    James’s Answer

    A probation warrant never expires on its own. However, if you have been doing well in your life since this incident, a skilled attorney may be able to work out a deal with the judge and DA to resolve your obligations with a penalty that won't interfere excessively with your life and the progress you have made to rehabilitate yourself.

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