When the government desires to accuse someone of a felony crime, both the United States and Oregon Constitutions require the government to provide evidence that they have a legitimate reason to believe that a crime was committed and that the person accused was the person who committed the crime. This is not sufficient evidence to convict someone of a crime – it is only proven by a ‘preponderance’ (probably) of the evidence; not by ‘beyond a reasonable doubt’ (certainty). Basically, this rule exists to prevent the government from prosecuting people based solely upon a person’s race, religion, or politics. There are two ways the prosecutor may provide this evidence: one way is without the defense attorney present and the other is with the defense attorney present. In this case, the prosecutor selected the procedure where Mr. Ridehalgh is in the room. Accordingly, he was able to cross examine the prosecutor’s witness. The prosecutor used the police officer as her sole witness. The charge was Identity Theft which carries five years of prison as the maximum period of incarceration. Through cross examination, Mr. Ridehalgh demonstrated that his client was probably not trying to defraud anyone. Accordingly, the charge was immediately dismissed!
Congratulations to Tyler Beach on another Not Guilty Verdict!
Mr. Beach’s client was accused of the crime ‘Harassment.’ If convicted, Mr. Beach’s client faced six months in jail. Mr. Beach knew that the only way to win this trial was to demonstrate that the person claiming to be a ‘victim’ was unreliable. During cross examination of this ‘victim,’ Mr. Beach pressed her on her alleged facts and how those allegations were inconsistent even with themselves. During this process, the ‘victim’ lost control of her anger and launched into tirade of yelling. Accordingly, she lost all credibility. A ‘Not Guilty’ verdict was quickly rendered.
Congratulations to Tyler Beach on a probation violation win!
Mr. Beach’s client was accused of violating the terms of his probation by not reporting to the probation office when the probation officer wanted him. At the contested hearing, through cross examination, Mr. Beach was able to prove that the probation officer never told his client the day of the appointment. Mr. Beach’s client also testified that he thought he had an appointment on a different day. Accordingly,. Beach’s client was found by the judge to not have violated the terms of his probation.
Congratulations to Tyler Beach on yet another trial win!
Mr. Beach’s client was accused of assaulting his wife. As evidence of the assault, his wife had a bruise. However, at trial, the wife’s daughter testified that the bruise was on the wife prior to the alleged event. Also, at trial the wife admitted how the bruise actually occurred and also that it preexisted the alleged event. A Not Guilty verdict was quickly returned.
Congratulations to David Carter on a Domestic Violence Harassment Trial Win!
Mr. Carter’s client was accused of Harassment – intentionally causing offensive physical contact. Since the alleged victim was his wife, it was processed by the court as an act of domestic violence. Mr. Carter’s client was accused of turning his wife’s face so that she would to face him during an argument. If convicted Mr. Carter’s client faced up to six months of jail. At trial, Mr. Carter proved that his client was saying ‘talk with me’ when he touched his wife and that the intent of turning her face was to get his wife to face him rather than to turn away. Thus, his intention was not to ‘offend or annoy.’ Mr. Carter’s client was accordingly found Not Guilty!
Congratulations to Thomas Goldman on another Juvenile Court trial win saving another family!
The Department of Human Services (DHS) believed that they should have custody of a child because they said mom used drugs and had untreated mental health problems. Mr. Goldman represented mom. As soon as DHS became involved, mom agreed to random drug testing. At trial, Mr. Goldman used the results of the random drug testing to show that mom never tested positive for drugs. Regarding mom’s mental health, she did have a history of some mental health concerns but she had cared for the child for a year prior to DHS became involved without any negative impacts to her parenting. After two days of trial, the judge agreed with Mr. Goldman and dismissed DHS’ case against this family.
Congratulations to Thomas Goldman on Juvenile Court trial win saving a family.
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.