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Ryan Scott

Ryan Scott’s Answers

133 total


  • I was caught in a prostitution sting (being the alleged prostitute).

    I was hoping I can get out of this charge on technicalities. The technicalities would be. During the sting. They put handcuffs on me too tight. I complained. They didn't care. Then two hours into my intensive questioning I complained about the...

    Ryan’s Answer

    The technicalities wouldn't directly result in a dismissal, but perhaps indirectly. For example, if the cuffs were too tight during the interrogation, it's possible that fact could render your statements involuntary. If involuntary, they can't be used against you as evidence (i.e., they'd be suppressed). If your statements are necessary to the state obtaining a conviction, then getting them suppressed would eventually get the charge dismissed.

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  • Is it possible to get rid of a felony record if you can prove a severe hormone imbalance caused the aggressive behavior?

    My friend had a major hormone imbalance which caused him to have violent behavior in his late teens/early 20's. He was convicted & sent to prison in 1996 for 3 counts of careless/reckless endangerment, attempted assault 1 w/ a firearm & verbal abu...

    Ryan’s Answer

    He may want to seek a pardon from the governor. The first thing to do is to contact the governor's office and request a copy of their clemency packet.

    Technically, this isn't something that requires a lawyer but a lawyer is highly recommended. To have the best chance at success, the lawyer would want to see if he could bring the victims, the prosecutor and the original sentencing judge on board in support of clemency. That's easier for a lawyer to do than the person seeking clemency. Overall, to do it right, it's a lot of work, and even if everything is done correctly, success is very difficult to achieve. also, keep in mind that it is something that is easier to achieve as time passes. So I do not recommend hiring a lawyer who happens to be inexpensive. The quality of the lawyer and the expense of hiring that lawyer do not always correlate but a lawyer who is not very expensive may not appreciate how much work these things can take to do well. If you can't afford a really good lawyer, then I would suggest waiting until you can.

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  • Is Attempted Assault 2 considered a measure 11 in Oregon?

    I have a friend facing an assault 2 charge in Oregon, which I know is measure 11 - mandatory 70mths, class B felony. Recently I checked online and the charge now says attempted assault class C felony... Is this also a measure 11 or is it not? If n...

    Ryan’s Answer

    Attempted Assault in the 2nd Degree is NOT a measure 11 crime. The potential sentence is substantially less and could go as low as probation. The absence of a prior person conviction is a big deal. Further, there are defenses to attempted assault 2 that don't apply to assault 2, although the difference depends in part on whether the attempted assault is based on "use of a dangerous weapon" or "serious physical injury." For example, a defendant who is charged with assault 2 based on "serious physical injury" does not need to know he's caused or will cause serious physical injury. St v Barnes. But a defendant charged with attempted assault 2 must actually intend serious physical injury. St v Peacock.

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  • Do we have a case?

    In Oregon. DWS/DWR driver of someone's vehicle (with permission) in a parking lot outside of car. Police come, detain driver for DWS/DWR, denies searching not his vehicle, he is in patrol car, owner of vehicle not contacted, search vehicle, find z...

    Ryan’s Answer

    Based on the facts as presented, there is a viable motion to suppress. As Mr. Kahn indicated, it's less likely that the basis for the search would be "search incident to arrest" and more likely the police would attempt to justify it as an inventory. But if the vehicle wasn't being towed, then an inventory wouldn't be justified. Also, it is unclear if even a valid inventory would permit opening a backpack.

    That said, no attorney would express a strong opinion without reading the police reports. Perhaps the reports state that the driver consented to the search of the vehicle. Or there could be a dozen other possibilities.

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  • Will I face jail time?? Since it's my first and only offense??

    I shot of some rounds within city limits trying to break up a fight.Got arrested and spent 10 days in jail but posted bail. I do have a CHL and no prior convictions nor felonies.

    Ryan’s Answer

    While I don't think it is likely, the charge that fits what you've described -- unlawful use of a weapon -- can include an enhancement ("use or threatened use of a firearm") that could result in a five year prison sentence. While that is highly unlikely, given your particular circumstances, it is all the more reason you should seek the advice of qualified counsel.

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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...

    Ryan’s Answer

    Do you have to pay it? No. It is highly unlikely they would pursue you for the money, especially when the theft is disputed. These letters are common, but they're only lucrative for the businesses that send them as long as the recipients send them money in response without putting up a fuss.

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  • Should I release the passcode to my Iphone? Given the circumstances

    I had my phone confiscated in early December, as evidence for drug charges I am facing. The state trooper that arrested me called to tell me that the Iphone I have runs on a newer software that they can't hack the passcode to in their office. He c...

    Ryan’s Answer

    You might find the following link to be worthwhile, as it discusses passcode situations like yours. https://libraryofdefense.ocdla.org/Blog:Main/Can_a_person_be_compelled_to_provide_their_passcode%3F

    The police do not want to help you. They want to damage your life. Sure, they won't frame it that way. But the whole point of a conviction and sentence is to make your life worse. With that in mind, why would you want to do something to help them get the evidence to convict you?

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  • If a 17 yr old i having sex with a 19 yr old, after the 17 year old turns 18 can their parents still press charges for the child

    Would the parents be able to press charges for their child even without their 18 yr old child's consent

    Ryan’s Answer

    As noted, if the intercourse was consensual, the small age difference would be a complete defense to the crime. Even if it wasn't, the 17 year old doesn't have to talk to the police or admit to any intercourse. Absent videos or photos, or some corroborative evidence if the 19 year old confesses, as long as the 17 year old doesn't talk to the police, there is nothing that can be proven.

    That said, while intercourse between a 17 year old and 19 year old could not be prosecuted, there are related crimes that could be, potentially. Sexting could become the crime of Luring a Minor. Sexy selfies by the 17 year old could be considered Child Porn if found on the 19 year old's cell phone. (In Oregon, child porn is criminalized under the title Encouraging Child Sexual Abuse.)

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  • Arrested for CITE

    What does it mean if someone was arrested for CITE?

    Ryan’s Answer

    As always, context is everything, and there's not much here, but I'm guessing it means the defendant was not arrested and taken to the police station but rather given a citation to appear in court at a later time.

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  • Its been three days since I asked if there was a no contact order and still haven't received or Hurd anything

    He got sentenced already so since I haven't received anything and they didn't discus it in court am I able to contact him or who can I call to find out

    Ryan’s Answer

    I would recommend going to the courthouse and asking for a copy of the judgment. There may be an interim judgment if the final judgment hasn't been entered yet. Review it and determine if he can have contact with you. (You can't get into trouble for contact with him, but you could get him in trouble.)

    If no contact is allowed, call the probation office and ask to speak to his probation officer. Tell the PO you want contact, and ask what your boyfriend must do in order to be allowed contact. Ask the PO to relay that information to your boyfriend.

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