About Michael Romano

Michael Romano is an Oregon lawyer and attorney focusing on criminal defense, divorce, DUI, and family law. He has law offices in both Portland and Bend Oregon.

Is the Mossberg 590 Shockwave Legal in Oregon?

There were Internet rumors in June of 2017 that the Oregon State Police was going to stop approving sales of the Mossberg 590 Shockwave. It looks like the rumors are true. On July 5th, 2017, OSP posted the following on their website: July 5, 2017 TO ALL OREGON FIREARM DEALERS: As of Friday, June 30, 2017 the Oregon State Police Firearms Unit began delaying the transfer of all Mossberg 590 Shockwaves and Remington 870 TAC-14s pending a review by the Oregon Department of Justice regarding the legal status of such firearms under Oregon law. As you may know these firearms first came into the market in 2017 and the ATF has advised that these firearms are eligible for transfer/possession under federal law. However, recently a concern as to whether these firearms are also eligible under Oregon statute has come into question. The Oregon Department of Justice has committed to a speedy review and determination of the eligibility to possess/import/transfer this type of firearm under state law. Oregon State Police will provide an update as soon as a determination has been reached. It is important to note that a delay in these instances is regarding the firearm itself and may not pertain to the purchaser. Until further notice and pending legal review, the OSP FICS Unit will provide a clear response to all background check requests that the delay is related to the firearm only. Thank you for your patience during the review of this important public safety matter. Screenshot of OSP's Statement on the legality of the Mossberg 590 Shockwave posted July 5th, 2017. What is the Mossberg 590 Shockwave? Is the Mossberg 590 Shockwave legal or illegal in Oregon? What is [...]

By | 2017-07-06T10:13:56+00:00 |Categories: Criminal Defense|Comments Off on Is the Mossberg 590 Shockwave Legal in Oregon?

Oregon DUI First Offense and Diversion

You've been arrested or cited for DUI. You've never been in trouble before. This is your first DUI. You want to know what's going to happen. What are the penalties and consequences? You've heard about diversion. What does that mean? How can that help you deal with the DUI? You've Come To The Right Place. We Can Help. First DUI Offense in Oregon: What is Diversion? Most drivers in Oregon who receive their first DUI are eligible for what's called "diversion." Oregon's DUII Diversion Program allows drivers to enter a guilty plea to DUI, but to later have the case dismissed. The diversion program is 12 months long. It requires drug and alcohol treatment and a period of sobriety. But there is no jail, probation, community work service, or house arrest required. Therefore it's a very popular program. Read more about diversion on our Oregon DUII Diversion page. First DUI Conviction in Oregon: What are the Penalties? If you are not eligible for diversion, there are penalties and consequences for a conviction. For example, jail, probation, fines, community work service, electronic monitoring, house arrest, and a driver's license suspension are all possible. The penalties vary wildly from county to county and depending on the facts of your case, but here are some guidelines: 80 hours of community work service, or 48 hours in jail 12-18 months of probation (bench or monitored) A one-year driver's license suspension Drug and alcohol treatment A $1,000 fine "Do I Need An Attorney for My First DUI?" It doesn't hurt. Ideally, any criminal charge punishable by jail and significant expense should be looked at by an attorney. To be sure, meet with an experienced DUI attorney to understand your possible [...]

By | 2017-05-22T17:47:20+00:00 |Categories: Criminal Defense, DUI|Comments Off on Oregon DUI First Offense and Diversion

Everything You Wanted to Know About Criminal Lawyers

Criminal lawyers have a bad rap. For starters, we're not actually "criminal lawyers" but rather "criminal defense attorneys" or "criminal defense lawyers." Being a lawyer in itself isn't a crime, and representing someone accused of criminal wrongdoing isn't a crime. Nevertheless, the most common question we are asked is, "How can you defend those people?" The implication of course being that our clients are guilty, and we are helping them get away with their crimes. We're co-conspirators. Or helping them get away with it. It's a common misconception. Also, it doesn't help that most of the time, are clients are guilty of something. But than again, isn't everyone? How Do You Defend Those People? Chances are, you committed an unlawful act today. At some point, you violated Federal or State law. It's almost a certainty. Given the incredible breadth of state statutes, federal statutes, and all the state and federal administrative rules, it's almost impossible to function without breaking the law. Now, when you break a criminal law, that's when you can be accused of a crime. Why Are Criminal Lawyers Important? Criminal justice and criminal procedure are different all over the world. In the United States, there is a strong presumption of innocence. Also, our criminal justice system has taken unique approach to protecting the rights of those accused. The right to remain silent, the right to an attorney, the right to an appointed attorney (often at no expense to the accused), the right to a speedy trial, the right to see, hear, and cross-examine witnesses, and the right to a jury trial are rights somewhat unique to this country. As one of my colleagues once paraphrased, our system of justice has decided that-- even if there are [...]

By | 2017-05-20T13:53:45+00:00 |Categories: Uncategorized|Comments Off on Everything You Wanted to Know About Criminal Lawyers

Robbery vs Burglary in Oregon

Even though the terms "robbery" and "burglary" are often used interchangeably, they are legally different charges and concepts. Both burglary and robbery are defined by statute: Robbery in the First Degree is defined by Oregon law ORS 164.415 (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person: (a) Is armed with a deadly weapon; (b) Uses or attempts to use a dangerous weapon; or (c) Causes or attempts to cause serious physical injury to any person. (2) Robbery in the first degree is a Class A felony. Robbery in the Second Degree is defined by Oregon law ORS 164.405 (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person: (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or (b) Is aided by another person actually present. (2) Robbery in the second degree is a Class B felony. Robbery in the Third Degree is defined by Oregon law ORS 164.395 (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of: (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or [...]

By | 2017-05-19T17:33:48+00:00 |Categories: Uncategorized|Comments Off on Robbery vs Burglary in Oregon

Is the Textalyzer coming to Oregon?

Texting while driving is unlawful in Oregon under ORS 811.507. According to the Wall Street Journal, at least 46 states have laws barring texting while driving and 14 ban all hand-held devices. Some states may be looking at adopting a "Textalyzer" in order to determine if people have been "texting" (sending or receiving text messages) prior to being stopped, or prior to crashing. Cellebrite's Textalyzer An Israel-based tech company named Cellebrite is purportedly the first to develop a plug-in device which can examine a driver's cell phone to detect texting activity. Legislation in New York-- called "Evan’s Law"-- has been introduced in the New York Legislature over the winter of 2016-2107. It would give police officers the authority to use a Textalyzer when distracted driving is suspected. Similar legislation is being considered in Tennessee, New Jersey and the city of Chicago. Cellebrite claims that it's technology does not raise privacy concerns because it's designed only to determine usage, not to actually access the messages for viewing. In theory, if the police determined that a mobile device was used by the driver, they could confirm it using the Textalyzer and then determine whether they should get a warrant for more detailed information. Currently, Oregon does not have any pending legislation mandating or even allowing use of a device such as the Cellebrite Textalyzer.

By | 2017-05-15T16:08:59+00:00 |Categories: Criminal Defense, DUI|Tags: , , , , |Comments Off on Is the Textalyzer coming to Oregon?

Top Five Alternative Breakup Songs

Breakups and divorce are stressful things to deal with. One way to get through these times is to listen to music created by people who understand the situation at hand. Artists have sung about many sorts of separations over time. Here are just a few notable tunes that have risen in fame over the years. Christina Perri – Jar of Hearts Christina Perri's dream was to move to Los Angeles and be able to focus solely on creating her own music, but it wasn't easy. After a marriage and divorce, she retreated across the country. Upon resurfacing, she was armed with a self-written song that was powerful yet haunting. The lyrics encourage listeners to be brave and move on from the heartache that they have experienced in the past. It cuts just deep enough, but has a strong message to tell: There's no sense in going back to someone who continues to cause pain. Every possible chance has been taken and every promise has been broken. Bon Iver – Skinny Love This song was written about a specific time in a relationship. The part where it's understood that there is no longer any weight in it– or perhaps there never was. There is no nourishment to keep it on its feet, no healthy reason why it has been continuing on this long. The connection has faded, and the relationship is starving. It's a sad realization to have, but crucial to recognize. Beyoncé – Irreplaceable The most successful single in 2006, “Irreplaceable” is one of Beyoncé's most popular songs to date. Its catchy tune informs the wrongdoer that he wasn't one of a kind. He messed up, and his presence [...]

By | 2017-03-30T08:49:47+00:00 |Categories: Divorce|Comments Off on Top Five Alternative Breakup Songs

Compensation for Portland Pothole Damage

Many people are wondering this time of year if they can receive compensation for damage from Portland's potholes. The potholes are everywhere, and they cause damage to tires, suspension systems, car bodies, and even injuries. Why Are Portland's Potholes So Bad? Winter rolls around every year. To Portland, that season brings a lot of cold, snow, rain, and potholes. These little pockets in the road- which can also be rather big pockets- can prove to be very dangerous. You can't always see them as you drive or ride along the road. Potholes damage vehicles, bicycles, and potentially even the people utilizing those methods of transportation. But because these roads are property of the city, and not privately owned, it begs the question of whom is at fault for damage caused. All streets have essentially been built by using the Macadam method. The core of this method means using soil as the base for creating paved streets. Soil absorbs water, but engineers created a way for water to run off the road before becoming absorbed- which could damage the road. But water can be quite determined, slithering into places where it is unwanted. The soil soaks up the water beneath the rock and stone layers and freezes during the winter. As the water expands, it breaks apart the stones. This is generally why most potholes become even more dangerously evident in the springtime. Portland Potholes Damage Cars and Injury People In Portland, there have been many accidents caused from potholes. For city residents, it's become second nature to watch out for potholes in secondary streets. But in March 2011, a giant 15-foot pothole opened up on I-95. Potholes are much less common on interstates. This particular [...]

By | 2017-03-22T14:08:01+00:00 |Categories: Uncategorized|Comments Off on Compensation for Portland Pothole Damage

Can You Get A DUI After Only Two Drinks?

Many people heading out to the local club or bar wonder, "Can you get a DUI after only two drinks?" The answer is, "It depends." It depends primarily on five factors: Did you have food before or with the drinks? What is your sex and weight? How large are the drinks? How long have you been drinking? What type of alcohol are you drinking? There are actually over a dozen types of alcohol in chemistry. The alcohol that humans typically drink is called ethanol. Contrary to popular belief, when you drink ethanol, very little of it is actually absorbed through the stomach. It's absorbed primarily through the intestines. The reason this is important is because there's a valve at the base of the stomach called the pyloric valve. This valve closes when there is food in the stomach. Many people mistakenly believe that eating food before or during drinking will prevent them from getting drunk or-- more accurately-- intoxicated or impaired. Actually, it will simply delay or slow the process. We typically refer to this as slowing the rate of absorption. In some situations, if the rate of absorption is slowed sufficiently, this will prevent the drinker from every becoming intoxicated or impaired. How Sex and Weight Affect Alcohol Metabolism Ethanol is metabolized at a different rate in women than it is in men. This is due to general differences in body composition. Ethanol is also highly soluble in water, and women have a higher percentage of water in their bodies than men. In addition, women typically have less of the enzymes used to metabolize alcohol than men do (alcohol dehydrogenase and acetaldehyde dehydrogenase). Independent  of sex, body weight also determines the amount of space and mass which alcohol can [...]

By | 2017-03-04T21:20:05+00:00 |Categories: Criminal Defense, DUI|Tags: , , |Comments Off on Can You Get A DUI After Only Two Drinks?

Portland Gains Emergency Mental Health Care

Hospitals caring for the mentally ill have evolved greatly over the years. One of the newest additions to the field has been built in Portland. Through a collaboration between Adventist Health, Kaiser Permanente, Legacy Health and Oregon Health & Science University, the Unity Center for Behavioral Health has recently opened specifically for delivering emergency psychiatric services. Unmatched by any other clinic in the area, it offers emergency psychiatric services to its patients. This has come none too soon. Struggles of Living With Mental Illness Working through mental illness is enough of an issue and struggle in itself. However, the battle isn't always confined to the mind. Some have been dealing with undue external stress from those who should be protecting them, not harming them. Portland has had a history of police violence and brutality towards the mentally ill. Various unprovoked attacks from the police have put some lives at risk, and ended others. There has been disorder among the homeless community in the past as well, which police have struggled to deal with. Approximately 18.5% of the adult American population deals with some form of mental illness in a given year. Of the homeless, it's estimated to be 26%. Children and adolescents are not strangers to struggling against mental illness, either. Over the past 25 years, there have been an increase of mental illness cases. It's clear that now, more than ever, mental health is not something to ignore or forget about. Accommodating the Mind and Body That is where the Unity Center for Behavioral Health comes in. Their facilities help address the burden that mental illness causes. Sometimes, even a serene surrounding can help tame a distracted mind. Unity Health Center has taken great care [...]

By | 2017-02-28T15:47:52+00:00 |Categories: Uncategorized|Comments Off on Portland Gains Emergency Mental Health Care

Marijuana Delivery Services in Oregon

Recreational cannabis dispensaries will soon be able to begin marijuana delivery throughout Oregon. Oregonians will be able to call their local dispensary and place an order for marijuana – just like their pizza or Chinese food. Since its legalization in 2015, marijuana has been a controversial subject, with lawmakers scrambling to figure out the fine details of marijuana sales and possession in Oregon. However, Oregonians and Portlanders alike, certainly feel the presence and influence of marijuana in the state. According to Oregon Public Broadcasting (OPB), marijuana sales reached $265 million in 2015. As reported on KGW, multiple dispensaries throughout Oregon have applied for permits to begin servicing customers who place mobile orders for cannabis. The Oregon Liquor Control Commission (OLCC) is still requiring customers to be over the age of 21, and allowing deliveries solely between 8 a.m. and 9 p.m. Additionally, dispensaries will only be allowed to deliver in cities where they are permitted to sell. Oregon will be the first state to allow such a service. Though the service is barely starting, the OLCC is making sure that business have the adequate permits to sell and deliver marijuana. In Portland, there are currently just under 170 dispensaries. The application for home delivery will cost dispensaries $750 and the license will be another $3,500. While marijuana continues to become more accessible to people, it is still unlawful to drive while high in the state of Oregon. With this new delivery service, customers will be able to stay home and get cannabis delivered right to their front door. Driving under the influence of marijuana is still subject to punishment under the law. It’s important to remember that marijuana laws and regulations are constantly changing in [...]

By | 2017-02-22T12:53:49+00:00 |Categories: Criminal Defense, DUI|Tags: , , , |Comments Off on Marijuana Delivery Services in Oregon