My stepson gave is best friend a ride to the bank to cash his check and the meantime his friend was being arrested for forgery 1 and my step-son was out in the parking lot at the bank approached by an officer was told to get out of his vehicle and...
Your son suffers exposure through accomplice liability. See, for example. State v. Morgan 274 Or App 792 (2015), here: http://www.publications.ojd.state.or.us/docs/A152692.pdfSee question
I noticed my ticket/summons to court has the wrong hair color and the wrong eye color (actual and as stated on the license and license photo). Can I get the ticket dismissed on a technicality like this?
It can be used at trial by a skillful cross-examiner to portray the officer as not-observant, or unconcerned with the truth.
But as my colleague points out to you: you've been sued by the government. If you want any chance at winning, you must first show up. "Showing up" is how you start any fight. Make no mistake: the courts are there for us to fight. It is ritualized combat.
For many traffic ticket type prosecutions, you can make your initial appearance in writing.
Finally, to iterate: no, the officer's mistakes with your cosmetic appearance are not fatal errors in and of themselves.See question
My boy friend got arrested 2 years ago on a felon with a firarm was booked and released no arrainment two years later he gets a lettler tjat if he misses a court date tjey are putting a warrant oit for his arrest he is now currenty doing time in a...
In addition to the fine answers by Ms. Moro and Mr. Scott, I wanted to add: the statute of limitations must be satisfied not only by issuance of the secret indictment warrant, but also: it must be served with reasonable promptness. Time out of state wouldn't necessarily count against the state, but that exception is capped at 3 years. The Oregon case on point is State v. Geneva Barnes, here: https://scholar.google.com/scholar_case?case=9085983996957581650&q=Geneva+barnes&hl=en&as_sdt=4,38
But in any event, your boyfriend should hire a good attorney (through you or family) to help him.See question
I was put on probation for a non drug related charge of criminal mischief when I was 17 and just turned 18.
Probation is like a lease for a specified term -- it expires at the end of its term. Your probation is for a specified term, and is not dependent on your age or status as a juvenile/adult. If you can't remember the duration of your probation term, call or email (email is better) your old lawyer and legal assistant.
But, to be blunt, smoking cigarettes is dumb, and nicotine is the lamest drug in the world. Incredibly addictive, not much of a kick, expensive. Even if your probation has expired (it doesn't sound like it has), don't smoke. Stinks up your clothes, expensive, terrible.See question
Can't get clear answer on whether or not the rule applys to arrests prior to that date.
There’s been some confusion here. For Oregon license reinstatement after a DUII conviction, you must first wait out the suspension period, and then:
(a) file a SR-22 insurance certificate with DMV for 3 years, ORS 806.075; and
(b) install an Ignition Interlock Device (IID) for 1 year for a first conviction; and 2 years for second, ORS 813.602(1).
Some folks were confused by 2011′s House Bill 3075, which added an IID requirement for DUII Diversion as of January 1, 2012. However, the Bill did not change the already existing IID requirement for people convicted of DUII, as opposed to those entering Diversion (I think the confusion stems from the fact that newspaper coverage at the time covered the Bill as introduced, which did extend the time for IIDs for DUII convictees to be 2 years, across the board. The Bill was not passed in that form.).
Even if the law had changed for the worse between, say, the time of conviction and the time a person was ready for reinstatement, Mannelin v. DMV, 176 Or App 9 (2001), says that the more onerous current statute would apply. Mannelin rejected expertly-argued ex post facto, double jeopardy, and bill of attainder arguments. In Oregon, the law at the time of reinstatement is what applies.
Finally, I should add that this post doesn’t address third Oregon DUII convictions — because those come with a Lifetime License Revocation. There is only one, very limited, escape valve from that lifetime sentence.See question
9 years ago I received theses two tickets and im trying to get my license back and these are preventing me from doing so. the fines are listed total of $900.00
You may be able to get your license back through Project Clean Slate, here: http://projectsecondchance.us/frequently-asked-questions-eng/See question
I go to court with first time offense.
Bouncing a check can be a crime, depending on the mental state. It's a crime of dishonesty, meaning : you want a good lawyer to help you keep it off your record. A conviction will close doors to employment, travel, etc. Get into a good local lawyer's office, now! Many Oregon lawyers offer free initial consults. You'll walk out of the lawyer's office knowing much more about your situation, and you'll know the likelihood of jail. The local lawyer will know local court practices, and DA and judge personalities. Those things can matter quite a bit, and be the difference between jail and probation or diversion.See question
I have 3 counts of trespassing from 5 years ago. I am attempting to move and sublet with some friends but the background check found I have these open charges against me. I attempted to call the county court to resolve and they stated I must mak...
In Multnomah County, if you hire a lawyer we can often set an arraignment on an old warrant (depending on how the warrant was issued) without your presence or the need to turn yourself in. We can also file a motion to recall the warrant in CPC (Criminal Procedure Court). The answer to your question: hire a good lawyer in the county where you are charged!See question
Both me and boyfriend were on probation. His po showed up at our home, my boyfriend wasn't home, he arrested me, searched the house, even though i told him no, found some illegal substances, then called my boyfriend said he needed him there to se...
Yes, you can be charged, but it certainly sounds like an illegal search if it was based solely on your status as probationer and no warrant exception applied, see State v. Gulley, 324 Or 57, 62, 921 P2d 396 (1996) (statute requiring probationers submit to a probation officer’s warrantless search does not authorize a search over probationer’s objection). You should get into a lawyer's office ASAP -- we can check the court computer for pending cases with your name on it, make calls to the DA's office in case there's a secret grand jury indictment, etc. Do NOT talk to the DA or police on this matter without an attorney. Don't talk to anyone about it, except your attorney. Remember, the government may try to leverage your boyfriend to testify against you and vice-versa. Get a good lawyer, now.See question
Hi, I am trying to see if a DUI i was charged with in 2007 in Multnomah County, Oregon is still on my record or not. I am trying to travel to Canada in the next 30 days and want to see what my chances of entering will be. And any advice for me wit...
Just wanted to add to the excellent answers: you can call the Canadian consulate yourself and ask if a mere DUII arrest would interfere with your travel. If you entered the DUII Diversion program, Canada treats that as a conviction and will require proof of rehabilitation or waiver of exclusion before you can lawfully enter. DUII Diversions don't ever come off your record.See question