Congratulations to Tyler Beach on a Probation Violation Win!

Mr. Beach represented a person who was already on probation.  When a person is on probation, that person will normally be required to do certain things such as drug treatment, paying fines, and performing community service work.  If a person doesn’t do those things, that person is subject to a ‘probation violation.’  This means that the person can be put in jail if the court determines that the person has not done what he or she has been ordered to do.  When these issues are decided by a judge, the judge does not have to decide the issue ‘beyond a reasonable doubt.’  Instead, the judge only has to decide that the person has violated the terms of probation by a ‘preponderance’.  This means that the judge only needs to decide that the person probably (50% plus 1) violated the terms of probation. 

Mr. Beach’s client was accused of not doing anything that he was required to do while on probation.  Factually, this was true.  So, at the hearing Mr. Beach used the ‘willfulness’ defense.  Basically, this is arguing that even if a person did something wrong, he didn’t mean to do the wrong thing and shouldn’t be punished when the person didn’t intend to disobey.  As evidence, Mr. Beach offered evidence regarding his client’s mental health.  Basically, Mr. Beach’s client was so disabled by mental health problems that his inability to perform while on probation was not his fault.  After hearing the evidence and argument, the judge agreed with Mr. Beach and Mr. Beach’s client was found to not be in violation of his probation. 

Congratulations to Tyler Beach on yet another Trial Win!

Mr. Beach’s client was accused of the crime of Harassment.  This carries up to six months of jail if convicted.  It was also classified as domestic violence because the alleged victim was Mr. Beach’s client’s wife.  At trial, Mr. Beach proved that the wife had been grabbing his client and that all Mr. Beach’s client did was push his wife’s hand away when she was grabbing him.  A not guilty verdict was quickly returned! 

Congratulations to Tyler Beach on getting a case dismissed through a thorough investigation!

Mr. Beach’s client was accused of a host of crimes stemming from an allegation that Mr. Beach’s client had been recklessly firing illegal fireworks which risked the safety of many and certainly caused a fire to a neighboring property.  The claim was that the owner of the neighboring property saw Mr. Beach’s client fire those fireworks.  So, Mr. Beach had everyone, including the neighbor, thoroughly interviewed.  It turned out that the only person the police claimed had said Mr. Beach’s client fired the fireworks didn’t actually see who fired the fireworks.  Accordingly, Mr. Beach’s client rejected all plea offers from the prosecutor and demanded a trial.  Just before the start of trial, the prosecutor admitted defeat and dismissed the case. 

Congratulations to Tyler Beach on another Domestic Violence Trial Assault win!

Mr. Beach’s client was accused of Assault 4 and Harassment in a domestic relationship.  Mr. Beach’s client was actually guilty of the Harassment, and was willing to accept that charge’s sanctions; however, he didn’t actually committing the crime of Assault 4 pursuant to Oregon law.  The prosecutor wouldn’t agree; so a trial was necessary.  Mr. Beach’s argument was that although his client had done a crime, by law he had not done the greater crime alleged by the prosecutor (the Assault 4).  Since his argument was a legal rather than a factual argument, Mr. Beach and his client decided to waive having a jury decide the issue and did the trial to a judge.  The judge agreed and found Mr. Beach’s client Not Guilty of the Assault 4 charge. 

Congratulations to Tyler Beach on three dismissals in a row on their days of trial!

The day of trial is when the witness are to all come and testify and be subject to examination and cross examination by the attorneys.  The prosecutor has the job of proving criminal allegation; so they go first at a trial.  Sometimes, the prosecutor can’t actually present evidence in support of the charges and the case gets dismissed.  Well, on three different cases of Tyler’s, on three different days in quick succession, the prosecutor didn’t have the minimum evidence needed on the day of trial and those cases were dismissed. 

Congratulations to Tyler Beach on yet another Trial Win (again)!

Mr. Beach’s client was accused of Public Indecency.  The entire case came from a complaint a woman made where she said that Mr. Beach’s client had exposed himself to her.  The case was decided by the cross examination of this person’s story.  Through the cross examination Mr. Beach showed how massively her story had changed from what she said on her 911 call - when it was about seeing the top Mr. Beach’s client’s backside when he got out of car - to a difference story to the police on the police’s body camera, and finally to a very graphic depiction that was physically impossible.  A verdict of Not Guilty was quickly returned. 

Congratulations to Tyler Beach on yet another Domestic Violence Case Jury Trial Win!

Mr. Beach’s client was accused of assaulting his girlfriend.  Unfortunately, the girlfriend had an obviously swelling wound to the side of her face.  However, Mr. Beach’s client said that the girlfriend was the one who attacked him and that all he did was defending himself by pushing her off of him.  So, Mr. Beach’s client declined the option of the Deferred Sentencing Program and went to trial.  At the trial, Mr. Beach was able to establish to the jury that his client was in fact merely defending himself by pushing the real aggressor away and that the injury to her face must have come from that event.  The jury quickly returned a Not Guilty Verdict. 

Congratulations to Tyler Beach on another Domestic Violence Case Jury Trial Win!

Mr. Beach’s client was accused of Interference with Making a Report and Harassment.  Essentially, the alleged victim claimed that Mr. Beach’s client had thrown an item that hit her and when she went to call the police that he had taken away the phone.  Mr. Beach’s client was eligible for the Deferred Sentencing Program; however, he declined that option saying that he simply didn’t do what she claimed that he had done.  So, Mr. Beach took the case to trial.  After hearing everything, and most importantly after hearing Mr. Beach point out all the many inconstancies, the jury returned a verdict of Not Guilty on Both charges.

Congratulations to Jennelle Johnson on another Jury Trial Win!

Ms. Johnson’s client was accused of Assault and Harassment.  This was in a domestic situation.  Ms. Johnson’s strategy was to draw the jury’s attention to the multiple inconsistent stories that the alleged victim had given.  During the prosecutor’s presentation, the alleged victim gave a detailed story while staring directly at Ms. Johnson’s client.  During Ms. Johnson’s cross examination of the alleged victim, Ms. Johnson addressed the different stories the alleged victim had given at every interview.  A nice touch was when Ms. Johnson use the alleged victim’s own 911 call to establish the unreliability of the alleged victim’s testimony.  After Ms. Johnson’s work, the jury returned a Not Guilty on both charges.

Congratulations to Tyler Beach on obtaining a massive sentence reduction!

Mr. Beach’s client had a ‘not good’ criminal history and was accused of two counts new charges of Aggravated Harassment.  Basically, Mr. Beach’s was accused of twice propelling ‘bodily fluid’ onto law enforcement personnel.  During negotiations, the prosecutor would not agree to any sentence less than 13 months of prison.  So, Mr. Beach took the case to trial.  The result was that Mr. Beach won one count and lost the other.  So, already that was a win.  However, the big win was that for the sentencing on the one count, Mr. Beach’s client received a ‘credit for time served’ sentence.  So, no jail despite the prosecutors continued demand for prison.