On November 3, 2020, Oregon voters passed Ballot Measure 110, which decriminalized the possession of certain amounts of controlled substances. However, there is some confusion about what this means as far as current and future regulations of controlled substances. are some who are misunderstanding the effects of this measure, some believing that they can possess […]
Read about Understanding Oregon Ballot Measure 110 Oregon’s “new” Drug Possession Law
Since Oregon legalized recreational marijuana use in 2014, there has been a significant uptick in the number of non-alcohol DUI cases throughout the state. As expected, defense attorneys like us see prosecutors relying more and more on the opinion of the Drug Recognition Expert (DRE) during non-alcohol DUI trials. Drug Recognition Experts are individuals—almost all of […]
Read about Non-Alcohol DUIs and the Drug Recognition Expert/Evaluator (DRE)
Many individuals who face their first DUII charge elect to participate in Oregon’s Diversion program. Those who successfully complete the DUII Diversion have the criminal charge dismissed. To successfully complete a DUII diversion program there are multiple requirements imposed by the court. Those requirements include: (a) payment of diversion fees, (b) completion of a victim […]
Understanding Your Rights During a Traffic Stop One of the most common police interactions with the average person is a traffic stop. Traffic stops occur when a law enforcement officer pulls over a car for either a traffic violation or for a criminal investigation. Most traffic stops fall in the first category—the stop begins because of a traffic violation. However, these traffic stops occasionally transition into […]
On a weekly basis I am contacted by individuals trying to remove criminal convictions an arrest records. This process, often called an expungement, is relatively straightforward, but the “rules” to “qualify” are often complicated and somewhat difficult to understand. The primary benefit is that “upon entry of the order the applicant for purposes of the […]
A garnishment is one method that creditors can use to collect debts owed. Before a creditor is entitled to garnish, however, the creditor must obtain a judgment from a court declaring that the debt is owed. Though there are some exceptions, for example a garnishment or tax levy, until a judgment has been entered, you […]
Read about How Can You Stop a Wage or Bank Account Garnishments in Oregon?
As a general rule, entering into a reaffirmation agreement is not generally advised. Many attorneys will advise their clients not to sign reaffirmation agreements, unless there is a specific benefit to be obtained in signing the agreement. This is because the primary goal of filing for Bankruptcy relief is to discharge debt and get a fresh start. […]
Read about Should I Sign a Reaffirmation Agreement on my . . . home . . . car . . . other loan?
Keeping open communications with our clients is a priority at Gunn & Gunn. With modern conveniences such as email, keeping in touch is easier than ever . . . most of the time. Unfortunately, from time to time we recieve calls from our clients, telling us that they didn’t get an email we sent, or that they […]
Generally Student Loans are not discharged by filing a bankruptcy case [11 U.S.C. §523(a)(8)]. It may be possible, however, to discharge the Student Loan in a limited number of circumstances. Once a bankruptcy case is filed, the individual then needs to file an Adversary Proceeding in the bankruptcy court. An adversary proceeding is a lawsuit filed in the […]
Many individuals have established “529 Plans” to help fund college educations for children, grandchildren, step-children and step-grandchildren. There are several tax advantages to such plans which makes them an attractive option for many. Due to the tax advantages, many of these plans have been in effect for several years, and contributions have been made over […]
Read about College Savings Plans (529 Plans) in Bankruptcy Cases