We'll help you find the right solution for your needs
Does this sound like your topic?
I am following a case through the Superior Court Criminal Case information on their web site. I don't understand why there is 2 trial dates set? This is a first time offender who tried to "lure a minor for sex and exploitation", "provide obscene m...
Move your question to Arizona, so lawyers licensed in that state can respond. For instance, I'm only licensed in Oregon, so cannot answer. Good luck to you, I'm sorry about the trouble you're going through!See question
Hi, I am thinking about buying a knife for my son so when he goes bike riding with his friends in the city he can defend himself if he is attacked by a homeless person or something. I am looking at the laws regarding it and I have a few questions....
Spring assisted knives are illegal, and it makes more sense to train your kid to fight than to give an untrained juvenile a weapon. Odds are it would be used against him. Instead, sign him up for wrestling, or judo, or karate. Then he'll get life skills, physical fitness, and won't open him up to stabbing or prosecution for stabbing. Instead, he'll learn how to defend himself without the crutch of a weapon.See question
I cosigned on my siblings vehicle loan. I didn't live in the state when the tickets were issued, and have proof of that. Sibling no longer lives in the state, but now I do. Collection agency is threatening me with license suspension. Car is long g...
Failure to pay traffic fines in Oregon can lead in a few different ways to license suspension. Parking cases are quasi "in rem" prosecutions, meaning they are often brought against the vehicle's owner (since the actual illegal parker is difficult to identify). I worry that there IS power to suspend your license -- you may want to talk to the folks at the court where the tickets originated, and maybe Project Clean Slate (Google it) to see what can be done. Finally, it's not a bad idea to set up an appointment with a consumer rights lawyer -- they may have some ideas, and deadlines apply to any legal claim, so call a lawyer now.See question
If you get charged with 163.190 MISD-DOM INT / MENACING - 2 and they have bail set for 2500 and your on probation for 137.545 IDENTITY THEFT / PROBATION VIOLATION & 137.545 THEFT I / PROBATION VIOLATION and there is no bail for probation violatio...
It's not up to the victim to "drop" Menacing charges, although a good victim's lawyer can help them make it clear they no longer want to participate in the prosecution. However, the state is the one bringing the Menacing prosecution, not the victim, so they're not required to drop any prosecution. Again, a good victim's rights lawyer can help put pressure on the DA's office. Your attorney may be able to provide a referral to a colleague she uses in these situations.See question
Got final notice on a ticket, call and find out that the ticket was for a parking violation back in April and the notice refers to impound after a set period of time. Dmv records show I have release of liability but it's still in my name (8 months...
Moving your question from traffic tickets to "Consumer Protection." If that doesn't get you some responses, try "Contracts & Agreements."See question
I've decided to file for an appeal regarding a criminal conviction. But upon conviction I was ordered to be on probation. Do I still have to follow through with being put on probation?
Unless your lawyer successfully moves for stay of execution, then yes. Contact your trial lawyer immediately, as tight timelines apply to any appeal.See question
my friend is in jail--age 23 . he got arrested for a assault 2 . he hit the person on the head with a beer bottle( unauthorized use of a weapon charge) and he ran from the officer (interfering with a officer charge) . he just got a 14 month ben...
It depends: on whether your friend was violating probation by drinking or in other ways, his relationship with his PO, his performance on probation (drug or alcohol treatment, anger management, etc.), the county in which he is charged, the individual prosecutor on his case, the reasons for hitting another human with a weapon (defense of others, self-defense, defense of property, etc.) and the quality and investigation of his lawyer. The judge doesn't have much power to avoid a Measure 11 sentence if that's how the DA indicts the case. Much good work can be done by a defense lawyer pre-charging, so hire an excellent attorney now! Most don't charge for an initial conference, and you'll walk out knowing more about exposure, the court, the prosecutor, the cop(s), and the smart path forward.See question
I need to take a DUI class and live out in the country. Does Oregon DMV accept online DUI class certifications? The classes are offered at DUIProcess ,com and it says Oregon DUI classes it is a 20 hour class. My DUI was in 2003.
No. online treatment, online community service, these are SCAMS for gullible people. It will not count, and you'll end up in jail. Contact your original lawyer and legal assistant and get their advice -- email works best. Then you'll have a written record of what was said, plus busy attorney's and legal assistants are more accessible by email than phone.See question
I was charged with a theft 3 class c misdeamnor in Oregon for stealing a $16 shirt. I have court tomorrow and I'm super freaked out. It was a huge mistake and I will never do it again. My record is completely clean. I am just wondering what I can ...
You can and should hire an attorney to attempt to keep this crime of dishonesty off your record. One avenue is Oregon's civil compromise law. You can't do that on your own, since contacting the victim (directly or through non-lawyer third parties) would likely violate your release agreement and get you in even more trouble (contempt, up to 6 months in jail / $5,000 fines). You're charged with a crime that will brand you as a dishonest thief -- get a lawyer to try to protect you' now!See question
I understand the fines are a little less, that the DUI shows up as 'diverted' as opposed to 'convicted', not that it is likely to make much difference? I also understand 'go see a lawyer' (I have, they were sort of helpful, but confusing, pushy, a...
DUII Diversion is an admirable Oregon experiment. Most states don’t have it — if you get arrested for DUII, your only choices are: going to trial or pleading guilty. Some states, like Washington, permit plea bargaining on a DUII to something like “Wet Reckless.” Oregon forbids plea bargaining by statute — but we’ve got a great program if nobody got hurt, you don’t have a CDL, and you have no prior DUIIs or court-ordered treatment in the past 15 years. Oregon’s system is based on the philosophy that everybody can make a mistake. Oregon recognizes the nuance in the law: it is NOT illegal to drink and drive, but it is if you have too much. Living with and embracing that nuance means that occasionally we’ll err in judgment. Folks that make that error should get education, and be sent on their way. And it works — the vast majority of clients who come to me for DUII Diversion never have another run-in with the law. They either completely divorce drinking from driving; or they are very moderate and thoughtful when they mix the two; or they teetotal.
Here are the nuts and bolts of Oregon DUII Diversion, both the affirmative obligations and the agreed-upon prohibitions:
1. Pay the filing fee.
2. Attend VIP.
3. Successfully complete alcohol and drug evaluation and treatment.
1. No driving any vehicle without an Ignition Interlock Device (IID). You’ll have to prove 90-days flawless IID compliance to get your full driver license back too, see ORS 813.635(2).
2. No use of intoxicants, except pursuant to prescription. No use of alcohol, except for religious rites post-treatment (Communion, Passover, etc.). I say “post-treatment” because there’s a requirement of demonstrated abstinence during treatment that seems to trump the statute’s acknowledgement of religious freedom. Using alcoholic mouthwash, tinctures, or hand sanitizer is not a religious rite — don’t do it during Diversion!
Another of your DUII Diversion obligations will be to keep the court apprised of your mailing address — because if the court wants to kick you out of Diversion (for, e.g., driving without an Ignition Interlock Device (IID), blowing booze into the IID, or dirty UAs), the court will mail you notice of the hearing to end Diversion and put you in jail. If you don’t show up, you are convicted in absentia. In other words, you must scrupulously review your mail during the entire year of DUII Diversion, and immediately let your lawyer know if you get a notice from the court.
If you comply with all these requirements, your lawyer will file a formal motion to dismiss the DUII at the end of the one-year Diversion period. “Dismissed” does not mean “off my record.” It would be on your record for the rest of your life, and not subject to expungement. Every police officer who ran your record would believe your were a drinking driver (at least at one point in your life), so you should expect inquiries about drinking on traffic stops. Any prospective employer, or anyone else running your record, would likely see your DUII Diversion. I mention this because many people think “dismissed” means “off my record” — it doesn’t. It can cause trouble with international travel. In the end, a successful Diversion avoids jail and 1-year license suspension and a criminal conviction. But if you're not serious about it's requirements (especially 1-year alcohol abstinence), you'll just get convicted without a trial. Be careful, and make the right choice for you and your case, with a good lawyer's guidance.See question