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Criminal Violation

#1
04-15-2013, 10:36 PM
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thisistrickery
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I'm helping a kid fill out his application, but I'm unsure on what to answer on the question regarding having a felony or misdemeanor. He got a ticket for minor in possession of alcohol. In Oregon that offense is categorized as a criminal violation. Should we answer yes or no on that question? Technically a criminal violation is not the same as a misdemeanor, right? I'm confused, please someone help.
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#2
04-15-2013, 10:46 PM
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It all depends on what he was charged (if he was charged) with. The fact that whatever happened to him has the word "criminal" in it, I would find out exactly what charges there were. To be honest, that sounds like a misdemeanor offense. Nothing major though. There are people on the forum that have been approved while having that exact same thing on their record.

What exactly happened after the ticket?
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#3
04-15-2013, 10:49 PM
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He got 10 hrs community service and paid a fine of $231.00
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#4
04-15-2013, 10:53 PM
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you have to put yes , make it simple for them , well thats what my lawyer put down , my application got accepted and all and its being under review , 6 months 11 days as of now , misdemeanor for a solicitation to commit possession
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#5
04-16-2013, 12:08 AM
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Quote:
Originally Posted by TodoBien View Post
you have to put yes , make it simple for them , well thats what my lawyer put down , my application got accepted and all and its being under review , 6 months 11 days as of now , misdemeanor for a solicitation to commit possession
people who fill out what they're suppose to fill out will get their applications accepted, whether you get approved, that's a different story.

i think as long as you're straight and you do not have 3 misdemeanors and or felonies then you're going to be good.

but yes, put down everything. as long as you send in compelling evidence then you will not get an RFE.

Always send as much as you can.
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#6
04-16-2013, 12:41 AM
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Quote:
Originally Posted by zone2oo0 View Post
people who fill out what they're suppose to fill out will get their applications accepted, whether you get approved, that's a different story.

i think as long as you're straight and you do not have 3 misdemeanors and or felonies then you're going to be good.

but yes, put down everything. as long as you send in compelling evidence then you will not get an RFE.

Always send as much as you can.
yup thats what my lawyer and did
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app sent out : 9/28 /12
form i-797c notice of action: 10/04/12
biometrics appointment : 11/08/12
approval august 28th 2013
waited almost 11 months "only god knows when"
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#7
04-16-2013, 12:55 AM
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so was he charged, arrested or what?

He should get a state criminal background check to know whats exactly on his record, that will take 2 weeks to get back, how old was he when he was given a ticket?


Quote:
ORS 471.430 Minor in possession of alcohol/minor in
prohibited area
When minors are in possession of alcohol, they are either holding the
alcohol, have consumed the alcohol, or attempted to purchase the
alcohol. They will be referred to juvenile court or receive a criminal
citation. The minor will be fined and/or required to perform community
service. Minors/juveniles may be sent to alcohol assessment and
treatment. Minors may consume sacramental wine as part of a religious
service. (Criminal Violation)

http://www.oregon.gov/olcc/docs/publ...and_minors.pdf

So which is it? did get a criminal violation on the spot or did he attended court or what was his final outcome?
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#8
04-16-2013, 12:56 AM
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He should be okay


http://pages.uoregon.edu/legal/MIP.html


Quote:
Minor in possession of Alcohol (MIP) is a Class A violation offense under Oregon state law and an unclassified violation under Eugene City Code. MIP is not a crime.
Its just a violation


that is it
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#9
04-16-2013, 12:57 AM
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Yea mark down yes and send all your court records as well as a copy of the actual ticket
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#10
04-16-2013, 12:58 AM
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also

Quote:
The municipal court allows first time offenders to enter into a diversion program instead of being prosecuted for the violation. This program agreement requires you to plead guilty, pay court costs, pay for and complete an alcohol education class and receive no other alcohol related offense for the four month diversion period. If you do all of those things, your guilty plea will be withdrawn and the charge will be dismissed. If you fail to meet any requirement your guilty plea will be formally entered, you will be convicted of the violation and the court will impose a fine.

Did he do this?

http://pages.uoregon.edu/legal/diversion.html
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