Someone close to me is in prison and has 6 more years on a 19 year sentence for robbery. His case seems obviously mishandled to me. I just found out that the lawyer who was his public defender was disbarred in 2007 for multiple complaints. My frie...
Your friend may have some remedy in post conviction relief or the ability to reopen a prior post conviction case, but that would be difficult. If you want to help your friend you should consider calling around to a few post conviction lawyers and see if any of them are willing to take his case. It is possible that this new information will have no effect on your friend's case and that there is no remedy, but only a lawyer who knows the whole story will be able to tell for sure. You can also contact the state bar's lawyer referral service for an attorney who practices Post Conviction Relief and speak to them.See question
jcpenny is charging me with organized retail theft , 750 or more but if there introducing fake prices could my case actually be 750 or less which makes it a misdemeanor. They say I took 1000, which is original price I'm trying to establish market ...
First of all, the dividing line between felony and misdemeanor is $1000 not $750. Second, in a theft case the value of the item is the retail value to that store. For example it, if you are accused of stealing a shirt from Macy's it makes no difference what the price of the same shirt at Sears is. Your question is a little more complicated and without knowing more about the law suit against JCP it's impossible to answer, but if the prices they are alleging are not the actual prices of the items, that may provide you with a defense since the State will have to prove that the value of the stolen items were more than $1000 or the jury can return a verdict on a lesser included offense. However, if the lawsuit is still pending then it is likely inadmissible and will have no bearing on your case.
The long story short is that you need to speak to an attorney. If you can not afford an attorney then you are entitled to an attorney at public expense. You absolutely should not post more details on the internet. You and your attorney can look over the discovery in your case, figure out any defenses, and deal with the State, but you should not rely solely on advice you receive on the internet.See question
what can i do to stop the rights violation,My boss is the owner of my apt,building.He has to give Donna the money to do anything and thats why nothing gets fixed,He is ,lets say less than forthcoming when it comes to paying for anything.I hav...
You might get better results for this under the Employment category. Good luck.See question
We are late on rent and had a plan that we could not follow through with. Our landlord, after reading our notice to vacate is threatening to evict if we do not pay a least a partial payment for this month.
The answer is yes, your landlord can evict you for not paying rent regardless of the 30 notice. You have to keep paying rent for the portion of the month that you are in the rental during that 30 days, but rent should be prorated if you're moving out mid-month.
On a related note, you should be sure that if your landlord is willing to accept partial payment for your rent that get that acceptance in writing. In general it is a good idea to keep all communication with your landlord in writing. Good luck.See question
I had a dui in 2008 and went to diversion, completed everything and it was all taken care of. I got a second dui in 2012 I paid off all my fine with bail money but I failed to do the classes and community service. Yesterday I got pulled over and g...
Based on the amount of bail I am assuming this is in Springfield Municipal Court. Unfortunately Springfield Municipal Court has a jail of their own and they love to keep it full so jail time is a real possibility for you. There are several things that you can do to minimize your likelihood of jail time but you need to contact an attorney who has experience in Springfield Municipal Court right away to help you manage this case. If you would like to discuss it, my office routinely handles these cases and you are welcome to call and set up an appointment.See question
Someone I know (and yes for real, someone I know) got an Assault and Battery in Oklahoma skipped out of probation and came up to Oregon. That was 8 years ago. He got in trouble about 3 years ago and did 4 months in jail and was not extradited on w...
There is no way for him to get this taken care of except going back to Ok, as has been pointed out. However, once he gets the probation violation case in Ok taken care of he may be able to transfer his probation via the Interstate Compact Clause to Oregon and continue on probation here. If he is interested in this posibility the first step is to contact an Ok defense attorney and get help handling the Ok warrant.See question
In December 2006 I was given a Final Order from the Oregon Massage Board to pay the fee but I have only made a few payments since. I have no money or property to garnish, no home and no car. If I cannot pay the fine is there some other way to work...
The only way they could require you to serve jail time is if there is a Court Order you are failing to comply with. If this is an administrative order from the licensing board you are likely ok and if you are truly exempt from garnishment then there is little the board can do to you.
It never hurts to consult with an attorney to be able to discuss your case in more detail and to know for sure though. Also if you are served with any paperwork relating to this case consult an attorney right away. Good luck.See question
I received a disturbing the peace (misdemeanor) in sout eastern Idaho's magistrate court in bannock county and after court moved to a different state. I was issued 18 months probation, immediately moved and now live in Eugene Oregon. Will I get ex...
This question depends on a lot of factors. First and foremost, did your probation in Idaho prohibit you from leaving the State? Did you inform the Idaho court that you were leaving and provide them with your new address? Is there an active warrant out for your arrest? Assuming the answer to that last question is yes, then if you get pulled over you will be arrested on the outstanding warrant. In addition, you will be searched and lodged awaiting extradition to Idaho. From there it is up the Idaho court whether or not they want to pay to transport you back. You are entitled to an appointed attorney to help you deal with extradition at this point and I suggest that you take advantage of that advice.
I'm afraid I don't know the qualifications for a grower's license, but if lack of a criminal history is a qualification then yes this will stand in your way. Best bet is to check with the licensing board in 2016 before you apply.See question
What happens if you walk out of the court room during sentencing?
The best answer is don't. If you're the one being sentenced and you walk out the Judge can and likely will send a deputy out right behind you resulting in at the very least a stern lecture from the judge and likely a more severe sentence or adding charges of escape or contempt of court. I've never heard of a Cruise waiver or anything like it being granted in Oregon but I suggest you consult and retain a local criminal defense attorney if it is something you are interested in pursuing.
As a side note, if you are not the person being sentenced you are free to come and go as you please during sentencing so long as you're not disruptive to the proceedings.See question
Do they look at your income and ability to pay as part of determining your restitution, or do you just get a set amount regardless of your ability to pay? Can they lower your restitution or fines if you are too poor to pay them as well, or do you ...
The answer to your question has a few steps to consider. The first is where you are in your case. At sentencing the Judge has broad discretion in what they can consider in setting your fines including your income and ability to pay. Restitution is generally set based on the amount of loss attributed to the alleged victim though your lawyer and the DA can agree on another amount if the situation allows for it. If you have already been sentenced then your options are more limited. You must pay what the court ordered you to pay at the time of sentencing. If you were ordered to pay a lump sum the court may allow you to set up monthly payments, contact the court to find out how to do this. If you are already making monthly payments then you should pay what you can and contact the court if you are going to miss a payment or need to lower your payments. My experience is that if you contact the court before the payment is due then the court will be willing to work with you. If you have already missed your payment deadline and the Court has set a show cause hearing for a probation violation you should contact a lawyer right away to see what can be done in your specific situation. Courts will generally take into account your ability to pay when the handle a show cause case but you should have a lawyer with you to make sure your rights are protected.
Good luck.See question