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Do I have to speak with a person from the county who says they are investigating elder financial abuse? I have power of attorney: I have power of attorney and The county has sent out a case worker three times this month , I have answered all their questions and have been very polite, they are saying that a picture was taken of my mothers empty referigerator and they may charge me with elder abuse, they said they want our bank statements and medical records and will be back this week, I'm tired of this questioning, what should I do?

Asked 10 months ago in Elder Law

Robert’s answer: You should immediately consult with an attorney who knows the elder abuse laws. Financial elder abuse is a felony, and before you talk any more to a State worker who seems intent on investigating you and how you are handling the assets of an elderly person under a POA, you need to discuss the facts in depth with competent legal counsel. You could talk to an attorney who handles elder law, but they are not necessarily familiar with criminal statutes. You could talk to a criminal law attorney, but not all are familiar with the scope of duties under a POA. You may want to contact a law firm that has criminal law attorneys and probate/conservatorship type attorneys. That way, they can consult with each other if necessary in house.

Answered 10 months ago.

What consequences am I dealing with a theft 3 misdemeanor?: I accidentally took someone elses' money from a ticket machine at a casino. I was very tired and thought I already inserted my ticket and that was mine. They have it on video. I received a call when I got home saying this happened. Once I checked my bag I realized I did have $40 more than I know I won. (As I didn't cash out anything more than $15 on a ticket. And it was 2 $20 bills). I immediately appologized and asked what I need to do. I live 2hrs from the casino and it needs to be handled by that city police. 2 days later I was able to drive out there. I turned in the money no problem and felt awful! I received a citation for theft 3 and will need to appear in municipal court in July. Will this be able to be removed from my record!? It was a complete accident!! I have a completely clean record. How will this affect my employment as I work with children!? Do I need a lawyer or attorney? Or will they give me one of I can't afford it? Thank you!!

Asked 12 months ago in Criminal Defense

Robert’s answer: If you didn't mean to take the ticket, you have not committed a crime. So you can ask for a trial. You are entitled to be represented by an attorney, and the City will need to provide one for you if you can't afford to hire your own.
It's possible that depending on what the video shows, they could decide not to charge it. Or, they could agree to reduce the charge to a violation (non criminal). You also could potentially enter into a civil compromise agreement with the victim (Its not clear if its the casino or the other patron who lost the money) and ask the court to dismiss the charge.
You definitely need an attorney. Any crime is serious, and can effect your job, and your ability to get credit or rent a residence.
One thing you didn't mention, I based this answer on Oregon Law, and if this happened at a tribal casino then tribal law will apply and some of your rights and remedies may be different.

Answered 12 months ago.

I need a lawyer who understands commercial tenants rights, in terms of amount of notice a new landlord must give before he evict: I am a senior on disability .I have been able to hold on to my business in SE portland .while undergoing.transplant surgery. The tenants in this building (27) were in negotiation with previous landlord for a nine month extension of lease with rent increase of 33%. New land lord managed to have this new lease negotiation stopped leaving all tenants exposed to a double or even triple rent increase .With only two and a half weeks to possible increase which many will not be able to afford myself included. Can we be evicted with such short notice? Is new landlord allowed to force increase upon us or evict us or lock up our property and hold ransom. please advise.

Asked 12 months ago in Landlord & Tenant

Robert’s answer: Oregon law provides extensive protections for residential tenants. However there are few statutory protections for commercial tenants. Most of the tenants rights in a commercial lease are going to be spelled out in your lease. There are a few statutory requirements for a landlord to follow in evicting a commercial tenant, and there are some laws regarding holding the tenants property after termination of the lease. But, you really need to hire a qualified real estate attorney and have them review your lease in order to determine your rights and your liabilities should you hold over past your lease termination date.

Answered 12 months ago.