Myrtle Point DUI-DWI Lawyer, Oregon
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250 N Baxter St, Coquille, OR 97423
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Coquille, OR 97423
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James Monsebroten
Traffic, Family Law, Criminal, Personal Injury
Status: In Good Standing Licensed: 25 Years
375 Central Ave, Coos Bay, OR 97420
Profile LAWPOINTS™27/100
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LEGAL TERMS
CRIME
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.
CONTINGENCY FEE
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obt... (more...)
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements -- which are most commonly used in personal injury cases -- award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.
CRIMINAL LAW
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.
LARCENY
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.
INTERROGATION
A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)
A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.
INFORMATION
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.
FELONY
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.
SELF-DEFENSE
An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)
An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.
CORPUS DELECTI
Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.
SAMPLE LEGAL CASES
State v. Kruse
184 P.3d 1182 (2008). 220 Or. App. 38. STATE of Oregon, Plaintiff-Respondent, v. Jay Lynn
KRUSE, Defendant-Appellant. D055973M, D060612T, A132038 (Control), A132039. Court of
Appeals of Oregon. Submitted January 4, 2008. Decided May 14, 2008. ...
State v. Machuca
227 P.3d 729 (2010). 347 Or. 644. STATE of Oregon, Petitioner on Review, v. Thomas Gregory
MACHUCA, Respondent on Review. (CC 050647097; CA A133362; SC S057910). Supreme
Court of Oregon, En Banc. Argued and Submitted December 16, 2009. ...
Prior v. Department of Revenue
... [2]. In her Complaint, Plaintiff asserts that the Department is in error in withholding the tax refund
to pay for her "husband's DUI[,] [because] I have be[en] separated from him for 6 y[ea]rs and have
nothing to do with his affairs or finances." [3] (Ptf's Compl at 1, Sec. ...
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