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Lohrke Law

Posts Tagged ‘Procedure’

Can the State Appeal my Successful Expungement or Set Aside?

There are instances of successful set asides being overturned by the Court of Appeals. However, it is less common than it once appears to have been. The set aside statute, ORS 137.225 is one of the most convoluted and hard to interpret laws in Oregon. Its language understandably took some fine-tuning in the courts. Today,…

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Can Rights be Restored if Money is Still Owed in a Case?

In our experience all fines, fees, and restitution must be paid off before people can set aside a conviction. A reduction requires at a minimum to be up to date with a payment plan. The laws do not explicitly discuss money owed, but they do discuss complying with the sentence of the court, which arguably…

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