Congratulation to Thomas Goldman on another Jury Win

Mr. Goldman’s client was accused of Driving Under the Influence of Intoxicants.  This charge carries up to 1 year of jail (there is another form of this charge that carries up to 5 years), up to $6,250.00 in fines and an automatic minimum 1 year driver license suspension.  The police testified that they saw Mr. Goldman’s client drinking alcohol in the car, that the car had both empty alcohol containers and an open container.  Our client was also not supposed to be driving because our client’s driver license had already been revoked.  Finally, our client refused to submit to the breathalyzer test. 

Despite all of the above, Mr. Goldman successfully convinced the jury that the prosecutor could not prove whether his client had been drinking before driving or how much the alcohol might have affected hisclient while driving.  Accordingly, the jury found Mr. Goldman’s client Not Guilty. 

Argument Win by Tyler Beach on a DUII Diversion Case

Our office handles many DUII diversion cases.  We, of course, also handle many non-diversion eligible DUII cases.  Mr. Beach had a DUII case where the district attorney objected to eligibility to diversion because our client obtained the DUII charge while on a release agreement for a felony domestic violence case.  At the initial hearing before the judge who handles all Washington County DUII diversion cases, the judge agreed to schedule a contested hearing to consider Mr. Beach’s argument; but the Judge also said he was probably not going to allow Mr. Beach’s client into diversion.  For the hearing, Mr. Beach prepared many argument and examples from other cases to present to the court.  The result: the judge agreed with Mr. Beach and let Mr. Beach’s client into Diversion.  By the way, if you are out of jail on a release agreement, please don’t commit a crime – doing so really creates a lot of problems.

Another Jury Win by Tyler Beach

Our client was accused of Assault IV (punishable by up to 1 year of jail) and Harassment (punishable by up to 6 months of jail).  The allegation was that while our client was in the front passenger seat of a car he began punching the driver and then climbed onto her lap while she was still in the driver seat.  Amongst the many issues Mr. Beach challenged at trial were the facts that the injury to the driver’s face was on the left side of her face (thus he would have had to punch around her head to hit the left side) and that our client (who is very tall) could not fit physically between her lap and the steering wheel.  Accordingly, the jury returned a verdict of Not Guilty on both charges!

Children can stay with Mom thanks to John-Michael Thiesen

Mr. Thiesen represented a mother in juvenile court.  The Department of Human Services (DHS) asked the judge to remove the kids and to place them into stranger foster care because the mother was the victim of domestic violence and has mental health problems due to trauma she has experienced.  DHS feared that mom might allow the abusive dad into the home.  Mr. Thiesen convinced the judge to allow the kids to stay with their mom so long as she lived with her dad (the kid’s grandfather).  This is a temporary fix.  However, while Mr. Thiesen and his client work on resolving the long term concerns, the kids can stay with mom.  

DUII Suppression Win by Tyler Beach

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!