Not guilty – Multnomah County domestic violence trial

This afternoon in Portland, a Multnomah County jury unanimously agreed that managing attorney Troy Pickard’s client was not guilty of domestic violence. Specifically, the six jurors agreed that the defendant had not caused any offensive physical contact with the intent to harass or annoy the alleged “victim.” Although the prosecutor argued that the defendant had…

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Not Guilty – Clackamas County Theft Trial

Today, in Clackamas County Circuit Court, a jury unanimously found managing attorney Troy Pickard’s client not guilty of both theft in the second degree and theft in the third degree. Had he been convicted, this defendant could have received a sentence of several years probation, several days in jail, thousands of dollars in fines and…

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Misdemeanor and Felony Assault in Oregon

Our office handles a lot of assault-related cases, both felony and misdemeanor. Here are a few answers to common assault questions: What are the differences between the different levels of assault? Assault crimes in Oregon are broken down into four degrees. Assault in the fourth degree, commonly known as assault 4, is the least-serious.

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No probation revocation for failure to pay restitution

Even though Oregon law specifically states that failure to pay restitution cannot be the basis for a revocation of probation, this is still something that judges occasionally do. In its recent opinion in State v. Kacin, the Court of Appeals unambiguously stated that probation may *not* be revoked when the only issue is failure to…

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The Sound of Silence

“Prior to any questioning, [a] person must be warned that he has a right to remain silent…” Miranda v. Arizona, 384 US 436, 444 (1966). “Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him.”  Id. at 445. If you…

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Consult a Lawyer Before Being Breathylized

Hopefully you will never be arrested for a DUI.  But, if you ever find yourself under arrest, you have the right to consult with an attorney before deciding whether to take a breath test. This is nothing new – Oregonians have had this right at least since 1988, when the Oregon Supreme Court issued its…

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DUI Diversion Works – If You Get It Done!

You may have heard about DUI diversion.  This is a program offered to certain DUI offenders that has a variety of requirements, including completion of a drug/alcohol abuse assessment and possible treatment, attendance at a victim impact panel, payment of fines and staying out of trouble for a certain period of time (usually one year).…

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Get a Lawyer At The First Sign of Trouble

In almost 100% of criminal prosecutions, a police report will be filed before the prosecutor’s office makes a formal accusation.  If someone files a police report accusing you of something, you could take a wait-and-see approach – many times, police reports are filed but no charges are ever brought against anyone.  But instead, at the…

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