One of the first tasks for a criminal defense attorney is to review the conduct of the police in the investigation. In a DUII (Drunk Driving) case, that usuallymeans a review of the reason the police used to stop a person who was driving. Tyler did just that and convinced the judge that when the police pulled our client over, the police violated the Oregon and United States Constitutions. Pursuant to a doctrine called 'suppression' the judge had to agree with Tyler that whatever evidence the police obtained due to their unlawful act could not be used against our client at his trial. Since Tyler proved that pulling our client over was unlawful (and, more importantly, unconstitutional), no evidence other than the fact that our client's car was seen driving on a road could be offered at the trial. With that win, the case was dismissed
Congratulations to Tyler Beach on a Three Day Felony Assault Win
Our client was accused of Assault 3 (a felony), Felony Assault 4 and Misdemeanor Assault 4. If convicted of all of these charges the maximum sentence could have been 11 years in custody. Our opinion was that our client was in fact guilty of the Misdemeanor Assault but not of the felonies. Accordingly, Mr. Beach attacked the issues for the felonies. After three full days of trial with many witnesses and legal machinations the case went to the jury for their decision. The result was Not Guilty of the Assault 3, Not Guilty of the Felony Assault 4 and Guilty of the Misdemeanor Assault 4. Our client received probation and will not face prison!
Congratulations to Thomas Goldman for restoring children to a father!
The Department of Human Services (DHS) removed children from a family. Thomas represented the father. The concern DHS told the court they had regarding the father was that he was in jail and therefore couldn’t care for the kids. Of course, when the father was released from jail, DHS argued to the judge that the kids should still stay under their (and not dad’s) care. Thomas successfully obtained a court order dismissing DHS’ power over this family – thus restoring the children to father!
Another Win by Tyler Beach
Tyler was defending Assault IV - classified as domestic violence. This charge carries up to 1 year of jail and a fine of up to $6,250.00. The crucial issue Tyler prepared was 'lack of injury'. To be guilty of Assault IV, a person must have caused a 'physical injury' to another. Typically, this is defined as causing an 'impairment of a physical condition' or 'substantial pain.' By the use of aggressive cross examination of the alleged victim and the three police officers, Tyler soundly defeated this issue. Through the use of a 'motion for a judgment of acquittal,' Tyler convinced the judge that the issue was so throughly defeated that it should not even be considered by the jury. Accordingly, the judge issued a judgment of Not Guilty.
Congratulations to Tyler Beach
A felony preliminary hearing is normally just a routine procedural event. The prosecutor merely needs to show enough evidence that a crime probably occurred and the defendant probably did it. This is not sufficient for a prosecutor to win at trial; merely to show that the prosecutor has a legitimate reason for brining a criminal charge against a specific person. It is basically a constitutional protection trying to prevent prosecutors from prosecuting individuals due to illegitimate reasons such as race, religion and politics.
Tyler's result was not normal. Tyler's client was pulled over driving a stolen car and was accused of unauthorized use of a vehicle. Tyler proved that his client borrowed the car from the car thief. Therefore, Tyler's client had permission to drive it - from the person who stole it! Case against our client dismissed!
Congratulations to Thomas Goldman
Email and social media provide excellent opportunities for people to get people into trouble. When a person is accused of a crime, it is normal that the court will order that the defendant have 'no contact' with the accuser. Usually, the first document to express this restriction is the release agreement. A release agreement is basically a contract a person signs where they agree to follow certain rules (like the no-contact rule) in exchange for being out of jail until the trial is held for the case. In Thomas' case, our client was accused of sending an email to the accuser in violation of the release agreement. If found guilty of that violation, a person can receive a jail sentence of up to six months just for that violation - even if found not guilty of the original charge. There is no right to a jury for these hearings, so the hearing was held before a judge. The prosecutor got into evidence the release agreement signed by our client and the email purportedly sent by our client in violation of that agreement. Then Thomas got to challenge that email on many fronts. First, it was supposedly sent as part of a bulk email from one of our client's social media accounts. The records indicated that the email went to 64 recipients within 20 seconds. Thus it is fair to say our client may not have even known that the other person was in that long list of recipients. Then, Thomas got to go after the more fun facts. The records from the social media company showed that their email system didn't send those 64 emails until the day after the accuser's print-out claims it was sent. Second, the subject line in the accuser's email differed from the subject line in the 64 emails that were actually sent. The accuser's subject line was never sent by our client's account. At the end of Thomas' attack on the prosecutor's evidence, the judge had to make the decision that the allegation against our client was not proved!
Congratulations to Ron Ridehalgh in Juvenile Court
After a five day trial, five children will be going home! Mr. Ridehalgh represented a mother in a 'contested permanency' hearing. When the Department of Human Services removes children from a family home, the court periodically reviews the case. One of the most important type of reviews is called a permanency hearing. At this hearing a parent has the right to the full production of evidence. In this case, the attorney general's office represented the state in an attempt to get court authorization to move forward with the procedure to terminate the parental rights of mom and the two dads to their five kids. After five days of testimony and argument, the court agreed with Mr. Ridehalgh's arguments that the kids would be best returned to the mother's care.
Child Support Contempt Win by Jennelle Johnson
Ms. Johnson handles most of our cases defending those being prosecuted on a claim of not paying child support. In this case, child had been placed in a guardianship. Four years ago, the guardians obtain an order for child support against our client. However, they didn't provide notice to our client. After four years, the government began prosecution of our client for not paying the child support our client didn't know had been ordered. Since the presumption in the legal system is that our client must have known of the order, Ms. Johnson had to challenge what is called the 'notice requirement'. Ms. Johnson prevailed by convincing the judge that the prosecutor failed to show our client's knowledge of the order.
And, Tyler Beach wins another contested restraining order
Our client came in yesterday asking us to help her challenge a restraining order that had been taken out against her with the hearing set for today (March 10). Tyler took the case. Tyler cross examined the petitioner then made the motion to dismiss the case against our client. The judge granted the motion to dismiss. Tyler didn't need to offer any evidence - he won based upon his cross. Knowing the law about what qualifies as 'abuse' and 'future harm' and how to press the case made all the difference for Tyler's client and her rights.
Another Restraining Order Win by Tyler Beach
Many people abuse the restraining order system. Obtaining a restraining order can give a person custody of children and possession of the family home without the other person even knowing a court has become involved. The first a person knows of the case is when the already signed order is served upon them by a sheriff. The disadvantage this creates in divorces and child custody matters is only exacerbated by the lasting black mark such an order places upon someones record that can cause long term legal harm. To oppose that disadvantage and harm one must respond quickly and vigorously. Within our firm, Tyler Beach has been handling most of our challenges to restraining orders. Yesterday, Tyler fought one of these in Multnomah County. With Tyler's witnesses subpoenaed and waiting to testify, Tyler began his cross examination of the opponent party (the petitioner). Tyler delved into all the specifics of every claim she had made. At the end of his cross of that witness, the judge agreed that the restraining order was not valid and dismissed the order. Tyler didn't even need to offer his witnesses.