On June 21, 2021, Oregon Senate bill 201 (SB 201) was signed by the Speaker of the House of Representatives and sent to Governor Kate Brown for signing. SB 201 adds additional terms to Oregon’s DUII laws that make it easier for the State to prove that an individual was driving under the influence of […]
Read about Oregon Senate bill 201 (SB 201) & New Oregon DUII Laws
As we have discussed before, marijuana DUIIs have risen in Oregon since the legalization of recreational marijuana. With the passage of Ballot Measure 110 (see prior blog post), it is possible that other non-alcohol DUIIs may increase in the coming months and years. For many of these non-alcohol DUIIs, the offender is eligible for the […]
In its first opinion of 2021, the United States Supreme Court resolved a disputed issue in bankruptcy law regarding the automatic stay and its effect on repossessed property. This article is meant to deconstruct the Supreme Court’s opinion in City of Chicago v. Fulton, 592 U.S. ___ (2021) and explain what it means for debtors. The […]
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?