Rights Restoration Case Examples
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2016 Client, Lane County - Convicted Charges
Driving under the Influence of Intoxicants
Felony Failure to Perform the Duties of a Driver (Hit and Run)
Rights Restoration Result
Oregon firearm rights restored
Years earlier, this client had been involved in an alcohol-related crash where a person was injured.
He hired Lohrke Law because he wanted to hunt again. Hit and Run is a driving crime and cannot be expunged. It can, however, be reduced to a misdemeanor, but we did not feel enough time had passed yet for a judge to reduce the charge. Therefore, we applied for his firearm rights to be restored. This required that we prove to the judge by clear and convincing evidence that he is not a danger to the public or himself.
After a hearing on the matter where we called witnesses, our client was granted a firearms rights restoration.
2015 Client, Marion County - Convicted Charges:
Felony Driving While Suspended
Rights Restoration Result
Felony reduced to Misdemeanor
This client was convicted in 1992 of felony driving while suspended and misdemeanor Driving Under the Influence of Intoxicants. The felony kept our client from owning and possessing firearms, but more importantly, he owned a machine shop and hoped to be able to manufacture parts for firearms. The felony conviction prevented him from doing anything related to firearms.
Driving crimes in Oregon cannot be expunged, or set aside, so we filed motions to reduce the felony conviction to a misdemeanor, twenty-three years after the conviction. Lohrke Law was the first law firm in many counties across Oregon to files motions to reduce felonies to misdemeanors. It often required that we prove to district attorney's offices and judges across the state that Oregon law allows a Class C Felony sentence to be reduced to a Class A Misdemeanor sentence, even years after the conviction with the case file was long closed.
In this case, Lohrke Law proved to the court that continuing the felony conviction would be unduly harsh.
The judge granted our request based only on the motions we filed with the court. There was no need for a hearing. We strive to avoid a hearing before the judge when it is possible because it saves our clients money.
Today, this client is no longer a felon and all of his rights are restored.
2015 Client, Lane County - Convicted Charges:
Unlawful Possession of a Controlled Substance, ORS 475.992
Rights Restoration Result
No Criminal History
Since these convictions, our client had quit drugs and maintained a steady work history. The felony convictions prevented him from getting promoted at work or finding a better job. He came to us because he wanted his record cleared.
These convictions were eligible to be set aside under the Oregon expungement statute, ORS 137.225. We filed the appropriate motions and they were granted. This client now has no criminal history. Police agencies have shredded any reports related to these cases. The court files are held under seal. Our client can legally deny these crimes ever occurred.
2015 Client, Lane County - Convicted Charges:
Criminally Negligent Homicide
Rights Restoration Result
Oregon Firearm Rights restored.
When our client was young, he drove while intoxicated and a crash occurred that resulted in the death of his best friend. The crash was devastating and our client never touched alcohol again. Many years later, he contacted Lohrke Law because he hoped to be able to go hunting with his family despite the felony conviction.
Lohrke Law filed a motion to restore our client's Oregon firearm rights. The motion was not opposed by the Sheriff, and within a couple of weeks, the judge signed a judgment restoring our client's firearm rights. Our client was again able to go hunting with his family.
2016 Client, Coos County - Convicted Charges:
Felony Driving While Suspended, 1982
Felony Driving While Suspended, 1980
Felony level, Possession of a Firearm, (from another state) 1997
Rights Restoration Result
Oregon Firearm Rights restored.
Our client’s primary goal was to be able to hunt again with a rifle. A lifetime of hard work had left him with a bad shoulder and he could no longer bow hunt. We are Oregon attorneys and could not help with the out-of-state conviction, so our client decided to do an Oregon firearms rights restoration under ORS 166.274. This procedure allowed our client to restore his Oregon firearm and hunting rights while still having three felonies on his record.
Our request to the court was granted without a hearing and our client’s right to hunt with a rifle was restored.
2016 Client, Lane County - Convicted Charges:
Unlawful Manufacture of a Controlled Substance, Class A Felony, 1985
Possession of a Controlled Substance, Marijuana, Class C Felony, 1985
Rights Restoration Result
No Criminal History
This client had previously been ineligible for expungement of the Class A felony for the manufacture of a controlled substance.
However, due to changes in Oregon’s expungement statute for marijuana crimes (ORS 137.225 and ORS 137.226) we were able to expunge our client’s entire criminal record.
2016 Client, Lane County - Convicted Charges:
Felony Driving While Suspended, 1987
Felony Driving While Suspended, 1988
Rights Restoration Result
Felony driving while suspended reduced to misdemeanor
For this client, the felony Driving While Suspended convictions could not be expunged because they are crimes that appear in the vehicle code.
However, they could be reduced to misdemeanors. Our request to convert the felony convictions to misdemeanors was granted without the need for a hearing.
2016 Client, Lane County - Convicted Charges:
Criminal Mischief 1, 2000
Criminal Mischief, 2000
Harassment, 2000
Testimonials
Although I will never require their services again, I would highly recommend them to any in need of these types of legal services.
“Earlier this year, I retained the services of Jesse Lohrke for an old legal issue that has prevented me from purchasing firearms or hunting.
From what has been an old wound and an embarrassing situation, I was not looking forward to reflecting on this part of my past history.
From the moment I stepped foot is the Office of Jesse and his team, I was treated with nothing but kindness, professionalism, understanding, and a feeling of having my best interests at heart.
Jesse’s paralegal at the front desk in particular, has kept me abreast of each step in the process with true compassion, concern, and professionalism.
The cost, process, and timing, have been exactly as I was quoted. I feel like I could not have found a better set of hands to deal with my legal issue than Jesse and his team.
Although I will never require their services again, I would highly recommend them to any in need of these types of legal services.
Sincerely,
D.B.V. “
I’m very satisfied with how my expungement was handled
I’m very satisfied with how my expungement was handled, they were very professional and helped ease a lot of anxiety I had throughout the process. Thank you so much for everything!
Professional upstanding experienced Attorney!
Professional upstanding experienced Attorney! Mr. Lohrke exceeded my expectations with his knowledge along with great communication and feedback to any questions I have had. I found Lohrke Law to be more than generous with affordable representation!
Great knowledge and very helpful
First off I would like to say thank you for the help. Great knowledge and very helpful through my situation. Jesse actually cared and helped me very much. If you are looking for a great and professional lawyer, give him a call and see if he fits your situation.
I will definitely be a returning client of his if I need help with any other legal situations.
Only Regret is I Didn’t Pursue This Earlier
I would like to express to you and your staff my gratitude for your help in restoring my gun rights. In December I was able to purchase my first legal handgun, and tonight in the mail I received my concealed carry license for the state of Oregon.
My only regret is I didn’t pursue this further at an earlier date, apparently though God had a different path that led me to you.
I have passed on your name and website to a few individuals, explaining how you helped me.
Again, thank you very much.
J.H. Union County, Oregon
2019 Rights Restoration Client
I Feel Incredibly Lucky
Jesse guided me through a very messy and challenging DHS dependency case, and I feel incredibly lucky to have had him represent me. He helped me win one of my kids back during the case itself and then, looking toward the appeal, preserved my rights and set me up perfectly to win in the appeal process.
Throughout the entire case, Jesse was respectful of me and my wishes for my family, and how I wanted to approach my case, which was in some ways unconventional. In some instances, he didn’t agree with my approach, but he respected my preferences and fought for it just as hard. He’s not afraid to take a case to trial, and he’s good at it. He knows what to expect, can easily navigate the sometimes rapid-fire pace of the courtroom, and knows what to do to protect his client’s rights. His experience as a criminal defense attorney clearly shows.
Additionally, Jesse was very responsive and organized throughout the entire process, even while his office was moving in the midst of my case. Maybe most importantly, Jesse is honest and genuine, and he truly cares about you and your family.
To put it simply, Jesse Lohrke is a badass attorney, and I wish anyone going through a legal case could have an attorney like him.
T.G. — Bend, Oregon
2019 Dependency Client