Portland Defender Blog
Tenant security deposits
When you start a new lease, most landlords will require you to pay a security deposit – make sure you get a receipt! Think of a security deposit like a loan you give to your landlord to ensure that you pay your rent and keep the place in good condition. If you don’t pay your…
City Housing Inspections in Portland
If you live in the City of Portland, the city building inspector’s office can be one of your best friends when you’ve got a terrible landlord. Across the city, landlords are making tenants live in homes that are unhabitable – plumbing and electrical problems, rodents and insects, broken walls, floors and ceilings, garbage outside, excessive…
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). …
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…
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…
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…
Skip Small Claims Court in Oregon
So, you’ve got a “small” case for just a few thousand dollars – it’s not a multi-million dollar case, but it’s a big deal to you. Should you take your case to small claims court? Probably not, because if you skip small claims court, you may be able to get the other side to pay…
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…
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…
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…
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).…
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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