In Oregon, you can go to jail for holding hands

Oregon prosecutors love to charge people with crimes involving the touching of sexual or intimate body parts.  ORS 163.415, for example, defines the crime of “sexual abuse in the third degree” as subjecting another person to “sexual contact” without their consent (and if they’re under 18, Oregon prosecutors say this automatically means they didn’t consent). …

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Case Dismissed in Clackamas County – Assault

This week, Portland Defender attorney Troy Pickard’s pre-trial work successfully forced the Clackamas County District Attorney to dismiss their case against Portland Defender’s client. In State of Oregon v. W.B., Pickard’s client had originally been accused in 2002. However, for more than eight years, the government did nothing to bring the client to trial. When…

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Not Guilty in Clackamas County – Assault

Earlier this week, Portland Defender attorney Troy Pickard successfully defended his client against a serious assault charge in Clackamas County. In case State v. A.B., Troy Pickard’s female client was accused of beating another woman so badly that the woman’s pregnancy miscarried. The jury found the defendant not guilty and she was immediately released. During…

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Beware of slippery jury instructions

The prosecutor will do many things to hurt defendants in criminal cases.  Sometimes, they will even attempt to get the court to issue unconstitutional jury instructions. In the recent Oregon Supreme Court case Oregon v. Schwab (9/16/2010), Justice Kistler’s concurring opinion pointed out that prosecutors in some Oregon counties are increasingly confronted defendants with an…

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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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