Daniel J. Lounsbury Attorney at LawDaniel J. Lounsbury Attorney at Law2026-07-01T07:45:15Zhttps://www.willamettevalleylegal.com/feed/atom/WordPress/wp-content/uploads/sites/1400580/2025/04/cropped-WVL512-32x32.pngOn Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Do you have to answer questions during a traffic stop?]]>https://www.willamettevalleylegal.com/?p=475152026-06-24T11:42:32Z2026-06-24T11:42:32ZPolice officers often ask questions during a traffic stop. They should be related to the stop itself, and they are often relatively simple. The officer may ask the driver where they are going and if they have had anything to drink that day. They could ask if the driver knows how fast they were driving or if they are aware of the reason the officer pulled them over.
As a general rule, all you are required to do under Oregon law is identify yourself. The officer will ask for your driver's license and proof of registration and insurance, for example, and you can provide those documents. It just demonstrates that you have a valid license and that you are legally driving your own vehicle.But beyond that, you are not obligated to answer other questions the officer may ask.
Is it wise to use your right to remain silent?
It can be helpful to stay silent, as the officer may be asking leading questions to see if you will admit to a violation.For instance, if the officer asks if you have had anything to drink that day, they may simply be seeking an admission. Even if you say that you only had one drink, they can still use this against you if they claim that you were impaired.Or, if the officer asks if you know why they pulled you over, they may just be trying to get you to admit fault. The same goes for asking if you know how fast you were driving. If you say that you were knowingly and intentionally breaking the speed limit, they could use that as the reason to give you a traffic citation.Often, it is best not to answer questions, even if you do wind up getting arrested, until you have your attorney present. Be sure you are well aware of all of your legal rights during a criminal defense case.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What is the age of consent in Oregon?]]>https://www.willamettevalleylegal.com/?p=475132026-06-07T23:15:46Z2026-06-07T23:15:46ZOnly adults can consent
Oregon does not recognize the ability of minors, such as high school students, to consent to sexual interactions with adults. Only those who are 18 or older can technically consent to sex acts in Oregon. There is a so-called “Romeo and Juliet” exception to the law.
The state does offer some protection for young adults in consensual romantic relationships. In cases where both partners are technically minors, the act was truly consensual and the age difference is three years or less, the person accused of a statutory offense may have protection from prosecution or may face lesser charges than an adult might in the same situation.
Discussing the circumstances leading to specific allegations, including the prior relationship and age of both parties, can help people understand their options. Those accused of a statutory sex offense may be able to avoid a conviction with the right defense strategy.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Probation violations are serious legal matters]]>https://www.willamettevalleylegal.com/?p=475112026-06-01T17:06:12Z2026-06-01T17:06:12ZPeople who are facing criminal charges might be sentenced through probation through a plea deal or after a criminal trial. While this sentence allows them to them to remain in the community instead of going to prison, it’s a program that comes with very specific requirements.
Failing to comply with probation requirements can lead to serious legal consequences, including having to serve time in prison. The exact effects depend on the circumstances surrounding the violation.
What are probation conditions?
Probation conditions vary depending on the court order, probation office policies and probationer’s history. Some of the most common conditions include attending regular meetings with the probation officer, holding a steady job, avoiding certain people, completing a treatment program, having periodic drug tests and paying fines and fees. Other conditions might be required, and those will be relayed to the probationer. People who are on probation also have to avoid getting into more legal trouble. This includes even minor violations, so it’s best for someone who’s on probation to avoid doing anything that could lead them to get into trouble.
What happens if someone violates probation?
The next steps after a violation depend on the probation officer’s decisions. Some violations might be handled by tightening restrictions; however, others may require the probation officer to file a violation with the court. If a violation is filed with the court, the matter is handled through a bench trial. This means a judge reviews the case and evidence before determining what happens. Since a judge is the one making the decision about the outcome of the violation, it’s best to have someone on your side to assist with the process.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What if a breath test device was not properly calibrated?]]>https://www.willamettevalleylegal.com/?p=474952026-05-17T22:27:25Z2026-05-17T22:26:17ZIf you are arrested on suspicion of driving under the influence, the police will probably give you a breath test. The goal of this test is to measure your blood alcohol concentration. They are essentially checking to see if alcohol is present in your system and especially if it is over the legal limit, which is generally 0.08% for most drivers.
That being said, regular maintenance and calibration are necessary with breath tests devices. If this has not been done, or if the test was poorly calibrated, it can call the results into question. In other words, you may have failed a breath test that showed you were over the legal limit, but if you can demonstrate that routine calibration procedures were not followed, there is no real way to determine if that evidence is accurate or not.
Unreliable devices
A similar issue is that courts have found that some breath test devices are unreliable in general. As such, police departments usually have an approved make and model that they are supposed to use. If an aftermarket device was used to administer your test, the evidence may not hold up in court.Finally, even if the device itself works properly and is an approved model, you may want to question if the officer made mistakes while administering that test. Perhaps the police department never gave that officer any formal training, so it is not clear if they even knew how to give out the test appropriately.All of these issues could have a significant impact on the evidence in your case. It is important to consider them carefully while looking into your legal defense options.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Probation violations have special concerns]]>https://www.willamettevalleylegal.com/?p=474832026-05-02T21:05:52Z2026-05-02T21:05:52ZBeing sentenced to probation in a criminal case means that the individual is able to remain in the community while they serve out their sentence. During their term on probation, they must ensure they comply with specific conditions. Failing to follow those conditions can lead to their probation officer charging them with violating their probation. It’s important for anyone who’s on probation to understand what terms they must abide by so they can ensure they don’t commit a violation.
Common terms for individuals on probation
The most common terms for people on probation include meeting with the probation officer on a set schedule, paying all court-ordered fines, avoiding drugs and alcohol, completing any community service and avoiding new criminal charges. Other terms, such as drug testing, might also be present. Probationers will likely be told that they can’t associate with certain people or go to certain areas, and they will likely need to have a stable job and stable housing. It’s possible that the probation officer or court may set additional requirements.
Handling probation violations
Probation officers may have discretion about how to handle violations, but there are times when a violation must be filed with the court. In those cases, a hearing is scheduled for the individual to go before the judge. This type of hearing isn’t handled by a jury. Instead, probation violations are handled through bench trials, which means the judge hears the evidence and decides the case. The consequences of a probation violation conviction can be serious, so it’s critical that anyone facing this charge understands what’s at stake. Working with someone familiar with their case and these matters may be beneficial.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What actually happens after a first-offense DUI arrest?]]>https://www.willamettevalleylegal.com/?p=474812026-04-22T15:02:40Z2026-04-22T15:02:40ZA DUI arrest can feel overwhelming, especially if you have never been through the process before. The uncertainty of what comes next often adds to the stress of the situation.
While every case is unique, the general path from the initial stop to a court appearance tends to follow a similar structure. Understanding those steps can make the experience feel more manageable.
What happens step by step after a DUI arrest
After a traffic stop, an officer may begin investigating for signs of impairment. This can include questions, observations and possibly field sobriety or breath tests. If the officer believes there is probable cause, you may be placed under arrest and taken to a police station or local jail for further testing and booking. This procedure can vary widely, but generally, a police officer will record your personal information, take your fingerprints and allow you to contact an attorney or family member.Following the arrest, administrative consequences often begin almost immediately. Your driver’s license may be temporarily suspended, sometimes before your case even reaches court, and you may be given paperwork outlining deadlines to request a hearing or challenge that suspension. At the same time, you could be released on bail or your own recognizance, depending on the circumstances.The criminal process then moves forward with formal charges and a court date. At your first appearance, called an arraignment, the charges are presented, and you may enter an initial plea. From there, the case can involve negotiations, motions or preparation for trial. The outcome depends on factors like prior history, test results and the specifics of the stop and arrest.Facing a DUI charge can have lasting effects on your record, finances and driving privileges. Speaking with an experienced legal professional can help you understand your options and make informed decisions about what to do next.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[First-time theft charges in Oregon: What to know]]>https://www.willamettevalleylegal.com/?p=474772026-03-31T04:55:12Z2026-03-31T04:54:25ZBreaking down theft charge levels and possible penalties in Oregon
Oregon groups theft into levels based on value and specific details tied to the situation. That structure affects the penalties tied to your case. As you review your situation, your charge will fall into one of the following:
Third-degree theft: Item worth under $100 resulting in a Class C misdemeanor with fines or short jail exposure
Second-degree theft: Property value between $100 and $1,000, leading to a Class A misdemeanor with higher fines or longer jail exposure
First-degree theft: Amount at $1,000 or more, or involving items such as firearms, brings a felony charge with more serious penalties
After you identify the level, review the details specific to your situation. Those details shape how your case moves forward and what receives closer attention. Key factors that may affect your charge include item classification connected to the object, collected proof gathered during the incident and provided remarks given at the scene.
Track deadlines, preserve records and verify each requirement before acting
A first-time theft charge follows a set path, so your early decisions can shape what comes next in your case. Start by listing each date tied to your situation and connect it with what you need to submit or attend. Keep all documents in one place so you can track each step as it develops. Before you respond or sign anything, review the exact requirement on the notice so you do not overlook a detail that could affect your position moving forward.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Can civil compromise keep charges off your record?]]>https://www.willamettevalleylegal.com/?p=474742026-03-25T15:31:00Z2026-03-25T15:31:00ZWhat is civil compromise?
Civil compromise allows a judge to dismiss certain misdemeanor charges, and even some Class C felonies, if the injured party confirms in writing that you have resolved the harm (usually through financial restitution). The key requirements are:
Victim agreement: You must obtain a written acknowledgment of satisfaction signed by the injured party.
Timing: You must submit the request before your trial begins.
Full reimbursement: You must pay all court costs, including any state-incurred expenses for court-appointed defense counsel.
Judicial approval: You must convince the judge that a dismissal serves the interest of justice.
If granted, the case ends immediately. There is no trial, no guilty plea and no conviction.
Which charges qualify for civil compromise?
Civil compromise generally applies to misdemeanors and certain Class C felonies that can be treated as misdemeanors, where the victim has a "civil remedy" (meaning the victim could technically sue you in civil court for the same act). This includes theft, criminal mischief (property damage) or negotiating a bad check.
However, Oregon law prohibits civil compromise if the crime involved:
Domestic violence or targeting a peace officer
The intent to commit any felony
Crimes against a person with a disability or an elderly person (age 60+)
Because Oregon law is so specific regarding these exceptions, a single disqualifying factor, such as the age of the parties involved, can prevent the court from approving a dismissal.
Does civil compromise clear your record?
A civil compromise is the fastest way to a clean background check. While the arrest remains visible initially, you are eligible for a "Set-Aside" (expungement) immediately after dismissal.
In contrast, a conviction forces you to wait much longer under Oregon’s SB 397 rules:
Class B/C misdemeanors: One-year wait
Class A misdemeanors: Three-year wait
Class B felonies: Seven-year wait
Most charges can be sealed immediately, but Oregon law strictly prohibits the expungement of traffic offenses (like misdemeanor hit-and-run), even if charges are dismissed through a compromise.
Sealing your record for employment and housing
You can petition the court to seal the records as soon as the court enters the dismissal. Once the judge grants the set-aside, Oregon law seals the record and generally treats the event as if it never occurred for most employment and housing purposes.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What are the conditions to expunge a record in Oregon?]]>https://www.willamettevalleylegal.com/?p=474622026-03-04T14:18:26Z2026-03-05T16:03:35ZA past arrest or conviction can follow you long after the case ends. In Salem, Oregon, the law allows certain people to clear their records through expungement. However, the law sets strict conditions and a single missed detail can delay or stop the process before it even begins.
Eligibility requirements for expungement
Oregon limits expungement to specific arrests, violations and convictions. You may qualify if:
Even if you are a first-time offender, the court may deny the request if you do not meet all the necessary criteria.
Waiting periods and disqualifying offenses
The waiting period starts on whichever comes later — your conviction date or your release from prison. The mandatory wait times are:
Class B felony: 7 years
Class C felony: 5 years
Class A misdemeanor: 3 years
Class B or C misdemeanor: 1 year
Violations or contempt: 1 year
Dismissals or acquittals: No waiting period, you can file immediately
You cannot file while you are still on probation. If the court revokes your probation, you must wait three years from the revocation date before you can file. If you are unsure when and where you can file, consider consulting an expungement attorney.
Start the process today
The expungement process involves complex steps. Minor paperwork errors can slow your case or give the state grounds to object. A skilled lawyer can help ensure the record qualifies and that the petition reflects the full history, because your future opportunities may depend on what remains on your record.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What violating a no contact order can lead to in Oregon]]>https://www.willamettevalleylegal.com/?p=474572026-02-25T07:20:19Z2026-02-24T08:01:44ZAfter a domestic violence arrest in Salem, a no contact order can reshape your routine almost overnight. Suddenly, everyday habits like calling your partner or stopping by a familiar place can carry legal risk. In emotional moments, it may feel natural to reach out and explain your side. However, even brief contact can trigger consequences that move your case in a much tougher direction.
How courts respond to violations
Because a no contact order comes directly from a judge, courts treat it as a strict rule rather than a suggestion. As a result, replying to a text, sending a social media message or asking a friend to pass along a note can all count as violations. Even showing up at a shared home to pick up clothes or tools may lead police to believe contact occurred.Once officers suspect a violation, an arrest often follows quickly. From there, you may spend time in jail while waiting to see a judge. That new arrest can also push prosecutors to request tighter release conditions, such as GPS monitoring or expanded location limits. In turn, those added restrictions can make daily life more complicated while your case moves forward.
Real life consequences beyond court
While court penalties matter, the impact often spreads further into your personal life. A violation of a court issued protective order can affect opportunities that once seemed possible. For example, the court may reconsider options that first time offenders often hope for.Some of the consequences people face include:
Adding a new misdemeanor charge to your record
Losing the chance for diversion or reduced penalties
Facing higher bail or stricter supervision rules
Creating problems with child custody or visitation
Together, these outcomes can build on each other and make resolving the original case more difficult. Getting guidance from a defense attorney can clarify what behavior counts as contact and help you avoid actions that may lead to additional charges.
One decision can change your case’s direction
Because emotions often run high in these situations, pausing before calling, texting or visiting can protect you from deeper legal trouble. Taking a moment to think through the possible fallout can help you keep one mistake from turning into several.]]>