Mr. Metcalfe’s client was standing outside a bar and asked a woman for a cigarette. That woman’s boyfriend felt threatened by another man talking to his girlfriend so he confronted Mr. Metcalfe’s client and Mr. Metcalfe’s client defended himself - and defended himself well. The district attorney charged Mr. Metcalfe’s client with Felony Assault 4, Bias Crime, Harassment, and Attempted Assault 4. The total risk of incarceration if convicted of all charges was 7 years. At trial, Mr. Metcalfe focused the case on the security video of the event. After hearing Mr. Metcalfe’s presentation, the judge found Mr. Metcalfe’s client Not Guilty of all charges and said that Mr. Metcalfe’s client was entirely justified in what he did!
Congratulations to Tyler Beach on a Stalking Protective Order Trial Win!
Mr. Beach’s client had been exchanging text messages with his brother-in-law. The conversation became heated. At the time, Mr. Beach’s client was in California, while the brother-in-law was in Oregon. During the exchange, the brother-in-law sent numerous threatening messages. In response, Mr. Beach’s client sent messages stating “watch out” and “you will be fubar.”
The brother-in-law selectively relied on those responses to file a petition for a Stalking Protective Order against Mr. Beach’s client—an order that carries significant consequences and restricts a person’s fundamental freedoms. At trial, the brother-in-law maintained that he was innocent and claimed that Mr. Beach’s client was the aggressor.
Mr. Beach then introduced into evidence the complete text-message exchange, spanning many pages. After reviewing the full context, and without the need for additional evidence, the court dismissed the brother-in-law’s petition and restored Mr. Beach’s client’s rights.
Congratulations to Angus Dunlavey on a Juvenile Court Trial Win!
Mr. Dunlavey represented a father. Father lives out of state and mom had their child. Mom is unable to safely care for their child, so father filed a petition for child custody and came twice to Oregon to look for his child. Father asked the sheriff’s department to help serve the custody paperwork on mom. The sheriff’s department was unable to find mom and child so they didn’t serve the paperwork. So, the Oregon Department of Human Services (child welfare) filed a petition with the juvenile court alleging that the agency should be named the legal guardian because they say that father has failed to protect the child from mom. After trial, the judge agreed with Mr. Dunlavey’s argument that father had done everything he legally could do to protect his child and ordered that he have the child returned to his care (now that the child has been located).
Congratulations to Tyler Beach on an Assault on a Public Safety Officer Jury Trial Win!
The police cornered Mr. Beach’s client and accused him of a theft that appears to never have occurred. Mr. Beach’s client didn’t wish to deal with the false accusations. So, the police pepper sprayed Mr. Beach’s client. After being sprayed with the pepper spray, he swung his arms hitting an officer. The prosecutor then charged Mr. Beach’s client with Assault of a Public Safety Officer. This accusation carries up to five years of prison; and the expectation was that he was going to prison if convicted. At trial, Mr. Beach got a video of the event into evidence before the jury. To be found not guilty, the jury would have to agree that Mr. Beach’s client reasonably felt that the police were using excessive force against him. With the video, the jury agreed and found Mr. Beach’s client Not Guilty of Assaulting a Public Safety Officer!
Congratulations to Tyler Beach on a Restraining Order win!
Mr. Beach’s client was married with children. His wife filed a petition with the court asking for a restraining order that gave her emergency custody of the children. To get an emergency restraining order granted, she had to allege some act of physical abuse. She alleged that Mr. Beach’s client forced her to have sex against her will. At the trial, Mr. Beach cross examined the wife about her accusation. She admitted that she had consented to have sex - she just wasn’t really into it. The judge denied the restraining order allowing child custody to be decided through the normal family law process.
Congratulations to Tyler Beach on another Domestic Harassment Trial Win!
Mr. Beach’s client was accused of Harassment because he grabbed his wife. If convicted, this charge carries up to six months of jail.
Mr. Beach’s client grows bonsai plants as his profession. During an argument, his wife began grabbing the plants and throwing them and thus damaging them. Mr. Beach’s client grabbed his wife and pulled her away from the plants saving thousands of dollars (and months of work) for the family. Accordignly, the judge concluded that Mr. Beach’s client acted in defense of property not to ‘offend or annoy'. A Not Guilty judgement was entered!
Congratulations to Tyler Beach on a Presumptive Prison Car Theft and Possession of Weapon Trial Win!
Mr. Beach’s client was accused of Unauthorized Use of a Motor Vehicle (driving a stolen car) and Unlawful Possession of a Weapon. If convicted, Mr. Beach’s client was facing up to ten years of prison and was expected to get a prison sentence if convicted. At trial, the prosecutor was able to prove that Mr. Beach’s client was in a car and that car was listed as stolen but - as Mr. Beach pointed out - the prosecutor didn’t prove who actually owned the car - maybe it was actually Mr. Beach’s client?. And, the prosecutor failed to get any testimony or other evidence about a weapon being found on Mr. Beach’s client successfully admitted through the evidence rules. Accordingly, at the end of the prosecutor’s submission of evidence, the judge granted Mr. Beach’s motion for a Judgement of Acquittal on both charges!
Congratulations to Gabe Walsh on another Jury Trial Win!
Mr. Walsh’s client had been accused of child witness Harassment. If convicted, this charge carries up to 364 days of jail. The accuser and Mr. Walsh’s client were married with a 13-year-old son. On the day of the event Mr. Walsh’s client was moving boxes and his arm touched his wife. She called the police and he was arrested. Right after the arrest, she filed divorce paperwork that she had already prepared, and she obtained immediate custody of their son - being a ‘victim’ of domestic violence gives an advantage in child custody.
Seven months later, the trial finally happened. The accuser testified that Mr. Walsh’s client hit her intentionally. So, Mr. Walsh submitted her text message from the evening of the event where she said, ‘I know you didn’t realize that you hit me’. When their son testified that he saw Mr. Walsh’s client hit his mother; Mr. Walsh offered the evidence that on the day of the event he told the police that he had not seen anything happen - and he has been living exclusively with, and under the sole influence of, the accuser for the seven months it took to get the case before a jury.
The jury took only eighteen minutes to return a Not Guilty verdict!
Congratulations to Kylie Cin on another Domestic Violence Case Trial Win!
Ms. Cin’s client was accused of Attempted Assault 4 and Harassment. If convicted, the potential jail sentence was one year. The alleged victim said that Ms. Cin’s client had hit, kicked, and strangled him during a grand fight in a small room. A room that showed no signs of being disturbed by any commotion. At trial, the prosecutor offered Ms. Cin’s client’s confession to the police. Ms. Cin was then able to prove that the confession was obtained with the alleged victim sitting right next to Ms. Cin’s client monitoring the conversation and the ‘confession’ was over the phone - so, no police were there to help Ms. Cin’s client if the alleged victim didn’t like what she said. During the trial, the alleged victim admitted that when he gave his statement to the police, that he didn’t tell the truth. At the conclusion of the trial, Ms. Cin’s client was found Not Guilty because of the coerced confession, that the facts didn’t fit the story, and victim admitted his story to the cops was not true.
Congratulations to Tyler Beach on a trial that prevented a prison sentence!
Mr. Beach’s client stole a phone. The prosecutor charged Mr. Beach’s client with Theft 1. Due to sentencing rules for felonies, Mr. Beach’s client was supposed to be sentenced to prison if convicted. The shortest sentence that the prosecutor would agree to was 13 months of prison. So, Mr. Beach took the case to trial. At the trial, Mr. Beach showed that the prosecutor failed to prove that the value of the phone was $1,000 or more. For the theft to qualify as Theft 1, the value of the property stolen must equal or exceed $1,000. Accordingly, the judge had to reduce the criminal charge to Theft 2 - a misdemeanor. Therefore, Mr. Beach turned a prison sentence into a probation sentence by winning the value issue at trial!