Mr. Beach’s client is a dad. Mom and dad are no longer together and have a parenting time plan ordered by the court. Mom began violating the terms of the plan by denying dad time with his child. So, Mr. Beach’s file a motion with the court to enforce his client’s parenting time with his child. Mom responded by filing a restraining order against dad alleging domestic violence. At the hearing, Mr. Beach proved that there had not been any domestic violence and that mom filed for the restraining order as retaliation for him enforcing his court ordered time with his child.
Congratulations to Tyler Beach on an Unauthorized Use of a Vehicle win!
If you steal someone’s car in Oregon, the normal criminal charge is called Unauthorized Use of a Vehicle. There are different ways a person can commit this crime – a person can take your car without your permission (what most people think about with this crime); but, it is also this crime if you give someone permission to drive your car but they don’t give it back after you demand its return. When the prosecutor files such an allegation, they specify in the allegation how the crime is alleged to have occurred and it is that allegation the prosecution and defense will litigate at trial. In this case, the factual allegations were that Mr. Beach’s client had failed to return the car he had been allowed to drive (the second form of this crime). But, the prosecutor filed the charge alleging that Mr. Beach’s client had taken the car without permission – something the facts didn’t support. If convicted, Mr. Beach’s client faced a presumptive 26 months of prison. At trial, Mr. Beach established that his client had indeed committed the crime – but, he did it the way the prosecutor had not filed the formal allegations. Accordingly, Mr. Beach’s client was found not guilty of the crime the prosecutor alleged – therefore, no prison time at all and no probation. The prosecutor can’t try again since the constitution prevents that through the double jeopardy protection.
Congratulations to Jennelle Johnson on an Attempt to Elude Jury Win!
Ms. Johnson’s client was accused of Attempting to Elude the police when being pulled over. If convicted, this charge has a maximum prison sentence of five years. Although it was agreed that Ms. Johnson’s client had driven for a half block and then parked (and appeared to be hiding) after the police lights went on, her client was also just pulling into his home’s parking spot. Not guilty!
Congratulations to Tyler Beach on a Restraining Order Win!
Mr. Beach’s client contested a restraining order. By skillful use of cross examination, Mr. Beach proved that the alleged abuse never happened! Case Dismissed!
Congratulations to Thomas Goldman on a Shelter Care Hearing Win!
When the Department of Human Services wishes for the court to allow the removal of a child from a family, the first hearing to litigate that issue is called a ‘Shelter Care Hearing.’ For this case, Mr. Goldman represented a father. Not only did Mr. Goldman keep the child at home, he also got the entire case against this family dismissed!
Congratulations to Tyler Beach on a fourth dismissed domestic violence case in a row.
Many of the wins by a defense attorney are in the courtroom. However, sometimes the win is by convincing the prosecutor that there is no way the prosecutor can win. For the fourth time in a row, Mr. Beach got the prosecutor to dismiss a domestic violence case on either the day before, or day of, trial!
Congratulations to Jennelle Johnson on a Suppression Hearing Win!
If, when investigate something, the police violate the law to such a degree that their action violates the constitution, the defendant’s attorney can challenge the police conduct and argue that the illegally obtained evidence can’t be used at trial against the defendant. This is the system our nation uses to discourage law enforcement from violating the constitution when investigating. Well, here the police pulled Ms. Johnson’s client over due to having expired tags. During the hearing, Ms. Johnson proved that although the tags were expired, her client had displayed a valid trip permit. Accordingly, the excuse for pulling Ms. Johnson’s client was invalid and the case was won for Mr. Johnson’s client.
Congratulations to Tyler Beach on another Jury Trial Win!
Mr. Beach’s client was accused of Assault 4 and Strangulation. If convicted, Mr. Beach’s client would go to prison, not probation, because the case was what is called a ‘presumptive prison’ case. After two days of litigating, the judge granted Mr. Beach’s motion for judgment of acquittal – meaning that the prosecutor failed to prove enough that there could be any way a reasonable jury could find Mr. Beach’s client guilty. So, the Assault was dismissed and that left only the Strangulation charge for the jury. The jury returned with a Not Guilty decision!
Congratulations to Ron Ridehalgh on another contested show cause hearing victory for a client in the Domestic Violence Deferred Sentencing Program!
Mr. Ridehalgh’s client is a participant in the DVDS program. At the beginning of this program he was not allowed to have contact with his wife. During his supervision, Mr. Ridehalgh’s client disclosed that his wife had called him to tell him that their son was in the hospital and texted him a picture of the injury their son had suffered. The prosecution decided to prosecute Mr. Ridehalgh’s client because of this contact. Naturally, Mr. Ridehalgh opposed this prosecution and established that the facts were as referenced here (there was also a time when the wife had tried to talk with Mr. Ridehalgh’s client during an exchange of their son). The judge agreed with Mr. Ridehalgh and found that this was not a violation!
Congratulations to Tyler Beach on another trial win!
Mr. Beach’s client was accused of grabbing a sledgehammer and using it to threaten people. At trial, Mr. Beach proved that when Mr. Beach’s client had parked his car, this accuser had jammed a sledge hammer behind his car so as to prevent him from being able to safely back out without causing damage to his car. Mr. Beach’s client got out and moved the sledgehammer and argued with the people doing this to him. Not guilty!