This is rather spectacular. Defense is not really supposed to obtain a dismissal at a felony preliminary hearing. The prosecutor really just needs to have the police officer testify why s/he believes a crime occurred and why s/he thinks the defendant is the one who committed the alleged crime. There is no right to a jury at these hearings. The purpose of these hearings is to satisfy a constitutional requirement to have the government demonstrate that they are not prosecuting a person due to that person’s race, religion, politics, or other inappropriate reason. Basically, the prosecutor’s job at this hearing is to show why s/he has a legitimate witness complaining that a crime actually occurred and that they think the defendant is the one that did that crime. Normally, they don’t bother with a preliminary hearing in these types of cases and rather take it to the grand jury where the defense is not allowed to appear and cross examine witnesses. Well, on this case, the prosecutor didn’t get that done in time, and thus had to hold the preliminary hearing. That was a mistake for the prosecutor. Mr. Beach used his opportunity to cross examine to burrow into the government’s weaknesses in the case. The judge agreed with Mr. Beach’s arguments and dismissed the case.
Congratulations to Jennelle Johnson on a Contempt of Court win!
Ms. Johnson’s client was accused of contempt of court for not paying child support that had been ordered. However, that child support order was issued on the belief that client could work in his professional capacity as a professional dancer. Medical problems demanded that Ms. Johnson’s client have hip replacement surgery. He could no longer participate in his former career. Nevertheless, the prosecutor pursued a contempt case against Ms. Johnson’s client. A win for the prosecutor would mean Ms. Johnson’s client would be subject to six months of jail. Once presented with Ms. Johnson’s evidence, the Judge agreed with Ms. Johnson and dismissed the prosecutor’s claim of contempt.
Congratulations to Tyler Beach on another Court of Appeals Win
Mr. Beach’s client was accused of Tampering with a Witness. This potential witness had accused Mr. Beach’s client’s son of a crime. Mr. Beach’s client didn’t believe the accusation the potential witness had made and told her to tell the truth to the police. For that, the prosecutor accused Mr. Beach’s client of ‘Tampering with a Witness’ and wanted Mr. Beach’s client to go to prison. At trial, Mr. Beach pointed out that the charge the prosecutor brought against his client was the charge for trying to get someone not to testify at a trial; but, his client merely wanted the potential witness to testify truthfully. The Court of Appeals agreed with Mr. Beach’s argument entirely and ordered that Mr. Beach’s client be found Not Guilty.
Congratulations to Thomas Goldman on obtaining a dismissal of juvenile court involvement with a daughter and her father
Mr. Goldman represented a father in juvenile court. Six years prior, the mother had taken their daughter from Montana and came to Oregon. Here in Oregon, she concealed the daughter so that Mr. Goldman’s client could not find either of them. Eventually, the Oregon Department of Human Services Child Welfare Division took the daughter into their care because of the negligent care provided by mother. Because of this governmental action, the father was notified that his daughter had been found. Since the daughter had not seen her father in six years, Oregon DHS wanted the mother’s family to keep the daughter. Of course, Mr. Goldman’s client wanted to reestablish his relationship with his daughter and to care for her. Through months of litigation and ‘motion practice’ Mr. Goldman obtained an order requiring the Oregon DHS to return the daughter to her father. They are now back home in Montana
Congratulations to Tyler Beach on a Probation Violation Hearing Win
Mr. Beach’s client was on probation for an assault conviction. His client only had one more month of probation. However, in that last month an allegation of ‘offensive contact’ was made. This is a particularly bad allegation to have given his circumstances. Should Mr. Beach’s client be found in violation for this reason, Mr. Beach’s client could both be imprisoned and could have the length of time on probation extended. Through rigorous cross examination of the complaining person, Mr. Beach established that her story had reasons to be distrusted. Accordingly, Mr. Beach convinced the judge that the judge could not determine that it was more likely than not that Mr. Beach’s client had engaged in ‘offensive contact.’ Accordingly, no violation was found and Mr. Beach’s client was able to stay out of custody and to finish is last month of probation.
Congratulations to Thomas Goldman on a Court of Appeals Win
Mr. Goldman’s client was accused of violating a stalking order by going to his child’s school and entering the building to ask for a copy of his child’s records. This was allowed by the court order. However, the prosecutor argued that when he rang the doorbell asking to be let into the office, the ten second wait for the staff to open the door for him constituted him ‘waiting outside the school.’ Mr. Goldman naturally argued that a momentary pause to open a locked door is not the type of behavior intended to be prohibited by an order that forbid lurking outside the school. In fact, the order specially allowed his client to go the school to pick up his child and to request records. Unfortunately, the trial level judge decided in favor of the prosecutor. However, the Court of Appeals returned a decision holding that Mr. Goldman was correct and instructing the trial judge to enter a dismissal.
Congratulations to Thomas Goldman on an amazing DUII win!
Mr. Goldman’s client was facing his eighth DUII. Due to his client’s prior history of DUIIs, the best plea offer was to spend one full year in jail. Unfortunately, this was not the best of factual cases for defense. Mr. Goldman’s client was at least a 0.20 and the police had followed all the proper procedures. The one ray of hope (and not necessarily a bright ray of hope) was that the police had not seen Mr. Goldman’s client drive. The client had told the police he drove; but, they had not actually seen him driving. Accordingly, at trial Mr. Goldman focused on how his client could not be trusted to tell the truth! He was drunk, so his mental facilities were impaired – that was a reason the prosecution was prosecuting him after all. Additionally, Mr. Goldman proved that his client had told the police many different, and incompatible, stories about what had happened. Since, the prosecutor needed the jury to believe the one story Mr. Goldman’s client had given about being the driver and Mr. Goldman proved that his client couldn’t be trusted; the jury returned a Not Guilty decision after only twenty minutes of deliberation.
Congratulations to Tyler Beach on amazing back to back wins for the same client who was facing up to 10 years of prison.
Mr. Beach’s client had two criminal cases - one where he was accused of stealing a car (Unauthorized Use of a Vehicle) and another case where he was again accused of stealing a car (another Unauthorized Use of a Vehicle). If Mr. Beach’s client was convicted of either charge, Oregon law required a minimum sentence of 30 months (2 ½ years) of prison due to his prior criminal history. The offer from the prosecutor to avoid trial was for Mr. Beach’s client to do 60 months (5 years) of prison. Mr. Beach and his client declined the offer and went to trial. If Mr. Beach lost, the judge would have to impose at least the 30 months but could impose as much as 120 months (10 years) or prison. On one case, Mr. Beach proved that although his client didn’t specifically have permission to drive that car, he had been previously allowed to drive it and reasonably could have believed he still could drive it. On the other case, Mr. Beach proved that his client was arrested (for other charges) before he had the opportunity to return the car he was driving – he might have returned but for being arrested. Not Guilty on both Unauthorized Use of a Vehicle charges!
Congratulations to Tyler Beach on Motion Argument for Domestic Violence Deferred Sentencing Program
Mr. Beach’s client was accused of a domestic violence offense, was eligible for the Washington County Deferred Sentencing Program (this results in dismissal of the charges after treatment) and wished to enter the Program. However, when our client and her partner experienced this event, our client posted an online intimate photo of the other person. This constituted a new crime – generally called ‘revenge porn’ (this is not the actual name of the crime; but it is what people call it). Due to this additional charge, the prosecutor objected to Mr. Beach’s client’s entry into the Program.
During argument to the court, Mr. Beach stressed the underlying issues of control involved with domestic violence, the immediate nature of his client’s acts and how it was clearly another form of controlling behavior that this Program is designed to address. The judge agreed with the analysis and allowed entry into the Program.
Congratulations to Jennelle Johnson on a failed Drug Test while on Probation case
Ms. Johnson’s client was on probation. A term of her client's probation is to not use illegal drugs and to submit to random drug testing. There was no dispute that such a drug test indicated illegal drugs in Ms. Johnson’s client. However, Ms. Johnson attacked the evidence of use of the drug. It was entirely possible that Ms. Johnson’s client was the victim of a ‘date rape’ drug. In a probation violation case, the judge can decide a person violated a term of probation if the judge decided the defendant 'probably' violated. After Ms. Johnson completed her case, the judge decided the state could not even prove that Ms. Johnson’s client even ‘probably’ took drugs voluntarily. Accordingly, the allegation of violation against Ms. Johnson’s client was dismissed.