Mr. Metcalf’s client was accused of four counts of Burglary 1, Unlawful Use of a Motor Vehicle, Multiple Commercial Drug Offenses for both Fentanyl and Methamphetamine, Theft of Services, and More. Essentially, if convicted of everything, Mr. Metcalf’s client was looking at a lot of prison time. At trial, it was established that Mr. Metcalf’s client had been living in a dead man’s house and driving that dead man’s car. Also, the neighbors accused him of various criminal shenanigans; and when arrested, the police found what appeared to be drugs in the house. At the start of the trial, Mr. Metchalf knocked out all the drug charges because the prosecutor had failed to bring the correct witness to establish that the stuff found in the house were in fact drugs. Then, Mr. Metcalf proved that his client was actually renting space in the house to sleep from the actual squatter in the dead man’s house. For every allegation, Mr. Metcalf systematically dismantled the prosecutor’s theory that Mr. Metcalf’s client was behind it all. At the end, the Jury returned the verdict of Not Guilty!
Congratulations to Tyler Beach on Another Measure 11 Trial Win Saving his Client from 70 Months (5.83 years) of Prison Time!
Mr. Beach’s client was accused of Robbery 2. If convicted, Oregon law requires 70 months of prison. The accusation was that while he was stealing from a store that he threatened to stab the store clerk who confronted him. At trial, Mr. Beach proved that his client’s actual words were “I’ve stabbed other people for less.” But, he then just walked out of the store. Although that may be a threat, it didn’t meet the criteria to qualify under Oregon law as Robbery 2. Accordingly, Mr. Beach won his motion to dismiss the case upon the close of the prosecutor’s evidence!
Congratulations to Jason Mitchell on a DUII Jury Trial Win!
Mr. Mitchell’s client was accused of driving under the influence of marijuana. The police officer who pulled over his client happened to be a drug recognition evaluation instructor. Mr. Mitchell proved that the officer saw the pot in the car and assumed facts that didn’t exist. It turned out that Mr. Michell’s client was a daily user of marijuana; but, he was driving home to have some – he hadn’t had any yet that day. Mr. Mitchell’s trial strategy was to focus on the results of the field sobriety tests, the drug recognition evaluation, and to show that the results did not support a conclusion that his client was under the influence of marijuana at that time. Mr. Mitchell had the pleasure of repeating to the jury “he wasn’t lit yet.” The jury agreed and found his client Not Guilty!
Congratulations to Joe Metcalf on a Jury Trial Win!
Mr. Metcalf’s client was accused of Unlawful Use of a Weapon, Menacing, and Harassment. His client’s potential prison time, if convicted of all three charges, was six and a half years (technically, one day short of six and a half years). Mr. Metcalf’s trial strategy focused on three issues. First, was preparation of his client for his client’s testimony. Second, was to challenge the alleged victim’s story by obtaining her text messages and using her own messages to challenge the truthfulness of her testimony. Third, Mr. Metcalf brought in three character witness to teach the jury about his client’s personality and non-violent nature. After the trial completed and the jury left to deliberate, the jury returned a verdict of Not Guilty after just twenty minutes of discussion.
Congratulations to Tyler Beach on an Assault 4 and Harassment Trial Win!
Mr. Beach’s client was accused of Assault 4 and Harassment. The Assault charge carries up to 364 days of jail if convicted; and the Harassment carries up to six months of jail. While cross examining the accuser she admitted that she had initiated the physical contact by grabbing Mr. Beach’s client and pulling him towards her. Mr. Beach’s client just pulled himself back – and away – from the accuser - without ever touching her. When Mr. Beach’s client broke free from her grasp, she fell backwards causing her injury from her fall. After Mr. Beach finished his cross of the accuser, the judge found Mr. Beach’s client Not Guilty of both charges. By the way, Mr. Beach won this case the day after he won the felony jury trial for Strangulation and Harassment referenced just before this post.
Congratulations to Tyler Beach on yet another Jury Trial Win – Felony Strangulation and Harassment!
Mr. Beach’s client was accused of Strangulation and Harassment. The Strangulation charge carried up to five years of prison and the Harassment carried an additional possible six months of incarceration. This case was eligible for the Washington County Deferred Sentencing program which would have resulted in the case being dismissed with no jail time if Mr. Beach’s client agreed to do classes (and other work). Mr. Beach and his client turned down the Deferred Sentencing program option and set the case for trial. Naturally, this decision involved a bit of risk. At trial, Mr. Beach stressed to the jury that this was a ‘he said, she said’ case where she alleged that he had strangled her. However, there were no marks on her neck, no redness, no bruising, here eyes did not show any signs of being blood shot (a very common sign of being strangled called petechiae). After hearing everything, the jury returned a Verdict of Not Guilty! One thing about this trial is that it set a new record for Mr. Beach. Previously, the fastest jury deliberation Mr. Beach had experienced in a trial was 15 minutes (that was also a Not Guilty verdict). This case took less than 10 minutes of deliberation for the jury to reach a unanimous Not Guilty decision!
Congratulations to Kylie Cin on a Bench Trial Win!
Ms. Cin’s client was accused of Contempt of Court for violating the terms of a criminal release agreement. A release agreement is a document a person signs when they are released from jail on certain conditions. Ms. Cin’s client had signed a document that said, among other things, that he could not go within 100 feet of a specific location. Well, he was found within 100 feet of that location. At trial, Ms. Cin proved that the document was written in English, that her client neither read nor spoke English (he was a Spanish speaker), that the officer who had him sign the document (the officer spoke Spanish) didn’t read the document to Ms. Cin’s client nor even tell Ms. Cin’s client any of the terms of the document at all. The officer told Ms. Cin’s client to sign here to be released from jail; so, her client followed the instruction. At trial, the court concluded that there was no proof that Ms. Cin’s client actually knew that he was prohibited from going to that location. Accordingly, Ms. Cin’s client was found Not Guilty!
Congratulations to Kylie Cin for getting a case dismissed at the preliminary hearing!
A preliminary hearing is a first step a prosecutor must accomplish at the start of a felony criminal prosecution. It is usually rather routine and straightforward. The prosecutor does not have to prove that a defendant is guilty. Basically, the prosecutor must prove that a crime probably happened, and that the defendant was probably the one to commit the crime. In this case, Ms. Cin’s client was accused of two counts of Identity Theft. Each count carried up to five years of prison. At the hearing, Ms. Cin showed that although her client had other people’s identification cards, there was no reason to think that her client had any intention to use those IDs to deceive or defraud anyone. Accordingly, the case was dismissed!
Congratulations to Gabe Walsh on a Family Abuse Protection Act trial win!
The Family Abuse Protection Act is Oregon’s standard restraining order law. If a person violates that restraining order, that person faces up to six months of jail for each violation. Mr. Walsh’s client was accused of violating such an order. Specifically, he was accused of violating the order by sending a message by Facebook messenger. However, the terms of the restraining order allowed Mr. Walsh’s client to send and receive communications through email and text messages. The prosecutor felt that since Mr. Walsh’s client used a service that was not technically an email nor a text message, that he should face six months of jail. At the hearing Mr. Walsh argued that there was no material difference between using Facebook messenger and using any email service. Mr. Walsh prevailed, and his client was acquitted of the allegation.
Congratulations to Kylie Cin on a Felony Strangulation and Assault Jury Trial Win
Ms. Cin’s client was accused of Strangulation. This carries up to five years of prison if convicted. He was also accused of Assault IV which carries up to another year of imprisonment. At trial, Ms. Cin got the alleged victim to admit that she had lied to police and that what actually happened was that she was very drunk, rolled off the bed falling onto the floor injuring her face (she landed face first on the floor). Upon learning the truth, the jury quickly returned a verdict of Not Guilty.