Mr. Goldman represented a father. Father had been assaulted by mother. Mother was in jail due to the criminal charge and father obtained a restraining order. However, the Department of Human Services wished to have guardianship of the child since they alleged that father had ‘failed to protect’ the child from domestic violence in the home. Mr. Goldman disagreed. At trial he proved how father had worked with the police and prosecutors on the criminal charge and independently obtained a family law restraining order to keep mother away for when she is eventually released from jail. On the second day of trial, the attorney general representing the Department admitted she couldn’t win and agreed to dismissal!
Congratulations to Tyler Beach on a successful Diversion entry long after eligibility was lost.
Oregon has a program called ‘diversion’ for first time DUII cases. If a person completes the terms of the diversion program, the case is dismissed. However, to enter into the diversion program, a person must make a request within 30 days of the initial arraignment and must come to court when required. Mr. Beach’s client had failed to appear in court on this case twice and the diversion entry was one and a half years after the arrest. These are two legal issues that should have prevented Mr. Beach’s client from being allowed into the diversion program. However, Mr. Beach established that the delay and missed court appearances were not the fault of his client. He showed that his client had been a victim of a very controlling and abusive relationship and that she had been forced to leave to the east coast where her abuser was eventually arrested. Accordingly, the judge allowed Mr. Beach’s client to enter into the diversion program.
Congratulations to Tyler Beach on a Restitution Hearing Win!
Mr. Beach’s client had been convicted of a crime. Victim of that crime asked for restitution payments. At the restitution hearing Mr. Beach proved that victim misrepresented the time off of work she had experienced. Accordingly, the request for restitution was reduced by half – in other words, she will receive repayment for her actual loss and not receive a windfall!
Congratulations to Tyler Beach on defeating a Restraining Order petition!
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.