Ms. Cin’s client was accused of 14 crimes – Attempted Assault 2, two counts of Felony Assault 4, Coercion, three counts of Strangulation, five counts of Misdemeanor Assault 4, Unlawful Use of a GPS System, and Harassment (Class A). In total, if convicted of everything, the maximum ‘indeterminate’ prison time was 47 years. The entire case was based upon the claims of the alleged victim. During cross examination, Ms. Cin systematically established that the alleged victim could not be trusted. As an example, the alleged victim claimed that Ms. Cin’s client had taken her phone and trapped her in a room. So, Ms. Cin used the alleged victim’s texts messages to Ms. Cin’s client talking about how she was out of the home – during a time that the alleged victim claimed to not have a phone and while supposedly trapped. After proving that the claims were all lies, the Jury returned a Not Guilty on all charges!
Congratulations to Tyler Beach on a Burglary in the First-Degree Trial Win!
Mr. Beach’s client had committed some crimes. That was not in dispute. However, those crimes carry probation as the expected consequence for a conviction. The prosecutor filed those charges against Mr. Beach’s client, but also filed a charge of Burglary 1. This additional charge carried prison time if it resulted in a conviction. Mr. Beach made a plea offer to the prosecutor that involved dismissing the Burglary and placing his client on probation. The prosecutor insisted that Mr. Beach’s client be convicted of the Burglary and go to prison. So, Mr. Beach went to trial. The prosecutor argued at trial that Mr. Beach’s client committed Burglary by entering a property he should not have entered (trespass) while already holding stolen property – so, he committed the crime of Burglary (entering a place intending to steal) by entering while already having what he had already stolen. Accordingly, the judge ruled that Mr. Beach was correct that no Burglary occurred – thus a Not Guilty ruling – and found him guilty of the crimes he had actually committed and placed Mr. Beach’s client on probation.
Congratulations to Kylie Cin on an Unlawful Use of a Weapon, Assault 4, Attempted Assault 4, and Menacing Trial Win!
Ms. Cin’s client was accused of attacking a person just outside a store. After allegedly tackling the person, Ms. Cin’s client was accused of then getting into his car and trying to run the car into that person. At trial, Ms. Cin systematically challenged the accuracy of the witnesses’ observations. Ms. Cin ultimately showed that what was alleged to have been seen, could not actually have been seen. Through a careful evaluation of each piece of evidence, the allegations became unreliable. Accordingly, a Not Guilty finding was made on all the charges. As a side note, Ms. Cin’s client was a person who vocally expressed his dislike of many categories of people in our community – including categories to which Ms. Cin finds herself included. Despite his fervent dislike of people like Ms. Cin and his wish to deprive them of their freedom, she fought to protect him and obtained his complete freedom. This is what criminal defense attorneys do; defend everyone’s freedom.
Congratulations to Angus Dunlavey on a DUII Jury Trial Win!
Mr. Dunlavey’s client was found by the police sleeping in the driver’s seat, obviously intoxicated, and parked on railroad tracks. But, he wasn’t’ alone. There was another person sleeping in the passenger seat. When arrested, the police didn’t bother to see which of them had the keys. Mr. Dunlavey’s client was adamant that he had not driven the car. But, the police didn’t consider that to have been an option so they didn’t investigate that issue. At trial, Mr. Dunlavey demonstrated how there was no evidence that his client had the keys or even that the keys were in the ignition. Perhaps, the other person had the keys and had driven to that location. The jury agreed that the issue should have been considered during the investigation and found Mr. Dunlavey’s client Not Guilt!
Congratulations to Joe Metcalf on Another Jury Trial Win – this one had many charges!
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!