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Frequently Asked Questions

Criminal Defense FAQs:

Q:    Do I need an attorney before I am formally charged with a crime?
A:    If you are being investigated for a serious offense, you should retain an attorney to protect your legal rights now.

Q:    I have been arrested or am being investigated, should I talk to the police?
A:    Make no statements that could be used to incriminate you in a later court proceeding and call the attorneys at Coit & Associates, PC today for a free consultation to discuss your concerns.

Q:    What is “Measure 11”?
A:    Measure 11 is a mandatory minimum sentencing law that applies to certain violent offenders.  The sentences imposed under Measure 11 range from 70 months to life in prison.

Q:    Can my record be expunged?
A:    In general, any Class C Felony or Misdemeanor can be expunged except sex offenses, child abuse crimes, and vehicle-related offenses.

Q:    I am charged or suspected of committing a crime.  What should I do?
A:    Make no statements to police that could be used to incriminate you in a later court proceeding and call the attorneys at Coit & Associates, PC today for a free consultation to discuss your concerns.



Family Law FAQs:

Q:      How is a divorce filed?
A:      A divorce is filed by filing a summons and petition with the court.  In addition, various other forms are required depending on the particular Oregon jurisdiction where the case is filed.  If you are considering divorce or legal separation or simply have questions about your options, or if your spouse has already started a divorce proceedings against you, call the divorce lawyers at Coit & Associates, P.C. for a free phone consultation and low cost office consultation.

Q:    Where should my divorce be filed?
A:    Normally a divorce or legal separation is filed in the county in which you and your spouse live in.  When the parties are separated and living in different states, various factors must be considered to determine the proper jurisdiction.  When children are involved things become even more complex.  Because the lawyers at Coit & Associates, P.C. handle family law cases in counties across Oregon, our attorneys can provide the best advice to your unique legal issues for any Oregon divorce or family law case.

Q:    How long does a divorce take?
A:    Various considerations determine the length of time a divorce takes including how much agreement exists between the parties.  The divorce attorneys at Coit & Associates, P.C. will work hard to reduce the time that your family law matter takes while making sure all aspects of your particular case are properly addressed.            

Q:    How are property issues decided?
A:    Because Oregon is considered a no fault divorce state, the fault of either party is generally irrelevant to property division.  Assets and liabilities are divided based on what is “just and equitable.”  This includes real property such as a home or rental property as well as personal property including vehicles and home furnishings.  Assets such as pension and retirement accounts as well as debts such as credit cards and loans must also be taken into account.  Various factors affect this determination including when and how the asset or liability was acquired.  The Oregon divorce attorneys at Coit & Associates, P.C. are experts in all aspects of property division including assisting clients with asset valuation as well as  hidden property and income and will work with you to achieve the best results for your Oregon family law case.

Q:    How is child custody and parenting time or visitation decided?
A:    Generally, Oregon court will follow child custody agreements made between the parties regarding the children.  However, a specific parenting plan is required by the court in order to reduce possible conflict in the future.  When the parties do not agree on issues related to the children, child custody issues are generally decided by courts in Oregon and based on the “best interest” of the child.  Numerous factors must be considered in this analysis.  Parties can obtain the services of various professionals who can provide recommendations to the court regarding the child.  The attorneys at Coit & Associates, P.C. have a tremendous amount of experience in child custody and parenting time matters and are ready to help you through this difficult and time consuming issue in your child custody case.

Q:    Is Joint Custody an option?
A:    In Oregon joint custody grants both parties equal rights to make major decisions for the child.  However, the court will only order joint custody if both parties agree.  If one parties objects to joint custody, the court must decide who should be awarded sole custody.