Posted April/14/2014

Judge Overturns Murder Conviction

A woman who was convinced to plead guilty to murdering her girlfriend in 2004 may not be the killer and will either be retried or set free.

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Posted March/3/2014

Woman Cries "WOLF"

Portland was put on alert due to a 22 year old woman claiming to be a victim of sexual assault in Grant Park.

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Posted March/3/2014

WRONGFULLY ACCUSED MEN EXONERATED AFTER ALMOST 22 YEARS IN PRISON

Everyone has watched a movie or television show where someone is charged with a crime they did not commit. In most cases, the person wrongly accused gets off the hook and the true bad guy is caught, because in television the police always get the right guy. In the real world, the police do not always get the right person.

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Posted February/14/2014

UNITED STATES SUPREME COURT TO DECIDE WHETHER A CELL-PHONE MAY BE SEARCHED WITHOUT A WARRANT

We live in a digital age. The time when all our private information was kept inside our home is gone. The time when our private information was kept only on a computer is gone. Today, cell-phones are like mini-computers. The amount of information that can be kept on a smart-phone is vast. The question is, is that information any less private because it is on a cell-phone instead of a computer?

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Posted February/14/2014

DOES A WARRANTLESS SEARCH OF YOUR CELL-PHONE VIOLATE YOUR RIGHTS?

Once a person is arrested, the police are allowed to search you for weapons or contraband without a warrant. In more recent times, there has been a question of whether the police may search a cell-phone without a warrant, where it is found during the search for weapons.

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Posted July/24/2013

LICENSE SUSPENSION FOR LESS THAN AN OUNCE?

It is obvious that Marijuana has become a highly controversial topic. In states such as Colorado and Washington, the use of Marijuana has become legal. However, Oregon law does not allow the use and possession of marijuana except for medical purposes.

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Posted July/18/2013

LIFE-LONG INCARCERATION FOR JUVENILES?

How would you feel if you were fifteen years old and had no hope of living your life outside of prison bars? In 2010, Terrance Graham, a juvenile, was sentenced to life in prison without any chance of release or parole after violating his probation. In this case, Graham challenged his sentence under the 8th amendment’s cruel and unusual punishment clause.

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Posted July/15/2013

BEWARE OF SCAMMERS PRETENDING TO BE LAW ENFORCEMENT AGENTS

A client recently came to our office alarmed that he was under investigation by the Drug Enforcement Agency. The matter turned out to be a scam. This incident is a reminder that any person who receives contact from a person purporting to be a law enforcement agent should exercise extreme caution.

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Posted July/09/2013

A Budget Cut That Could Cost You Your Freedom

It’s no secret that court appointed lawyers are overworked, underpaid and without the time and other resources to provide the same level of representation as those privately retained. Court-appointed lawyers are not well-paid by any measure and their pay will continue to suffer if mega budget cuts take shape as planned next year.

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Posted July/09/2013

Police Swabbing Cheeks for DNA

Police could wander through your private property at any time without the Fourth Amendment’s protection against unreasonable searches. Thanks to the Fourth Amendment, search of your property requires a warrant signed by a judge. But what if police officers were allowed to search your mouth after your arrest, taking swabs for DNA identification?

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Posted July/02/2013

POLICE MAY SEARCH YOU WITHOUT A WARRANT

In the case of Terry v. Ohio in 1968, detective Martin McFadden was patrolling around his neighborhood one afternoon. Detective McFadden's warrantless stop and frisk of two men he thought were going to rob a store changed the way police officers stopped suspects.

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Posted May/23/2013

MORE ACCEPTED INTO THE DUII DIVERSION PROGRAM

May 16, 2013 saw Governor Kitzhaber sign HB 2773 into law which expands the DUII Diversion Program to include defendants who in the past were excluded. Now, defendants who had completed a treatment program related to past charges of Minor in Possession of Alcohol or Possession of Less Than an Ounce will not be automatically excluded from entry into the DUII Diversion Program.

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Posted May/22/2013

UNITED STATES ATTORNEY GENERAL SAYS TOO MANY PEOPLE GO TO PRISON

“Too many people go to too many prisons for far too long for no good law enforcement reason.… Statutes passed by legislatures that mandate sentences, irrespective of the unique facts of an individual case, too often bear no relation to the conduct at issue, breed disrespect for the system, and are ultimately counterproductive."

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Posted May/03/2013

FEDERAL PARDON POWER IS RARELY USED

The United States Constitution grants the President the sole power to pardon a person convicted of a federal crime. Historically, the pardon power has been used to correct injustice and right wrongs. However, under the Obama administration, the pardon power is rarely used.

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Posted May/03/2013

THE OREGON PARDON POWER: SIMPLE PROCESS, DIFFICULT RESULT

The Oregon Constitution gives the Governor the sole power to grant a pardon to a person convicted of a crime in Oregon. Oregon law details how a person can apply to the Governor for a pardon. It is a relatively simple process. However, granting a pardon is not the norm.

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Posted April/19/2013

RESTORING YOUR GUN RIGHTS

If you have been convicted of a felony, then it is illegal for you to possess a firearm. However, there is a process for getting your gun rights back. Oregon law sets out specific requirements and procedures which, if met, allow for a convicted felon to purchase and/or possess a gun.

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Posted March/15/2013

$13.2 MILLION AWARDED TO MAN WRONGLY CONVICTED OF AGGRAVATED MURDER

The City of Cleveland, Ohio was ordered to pay $13.2 million to David Ayers, a man wrongly convicted of aggravated murder who spent 11 years in prison. Ayers brought a civil rights lawsuit against the City of Cleveland, claiming that law enforcement officers had framed him because he is gay.

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Posted March/15/2013

MILWAUKIE TEEN’S HEROIN DEATH RESULTS IN JAIL SENTENCES FOR DEALERS

A Milwaukie, Oregon teen’s overdose on heroin will result in two convictions and jail sentences for the dealers. Joann Buchholz and Aleksey Dzyuba will both go to jail for Toviy Sinyayev’s death, as he died in 2011 from a heroin overdose. Buchholz was convicted of selling Dzyuba the heroin, who then supplied it to Sinyayev.

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Posted January/28/2013

PROTECTING THE RIGHT TO EFFECTIVE LEGAL COUNSEL

The decision by Parrish Bennette's attorneys not to reveal the location of Yashanee Vaughn's body for more than four months has generated an enormous amount of public scorn. Some have even suggested passing legislation requiring disclosure of this type of information in the future. This reaction is understandable, but discarding those rights enshrined in the state and federal constitutions is not the answer.

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Posted January/25/2013

PORTLAND BOMBING TRIAL: FBI SAYS MOHAMUD EAGER TO BOMB U.S.

The fourth day of trial in the case against Mohamed Mohamud featured FBI agents who testified that Mohamud expressed early on in their investigation that he wanted to “wage war inside the U.S.” Mohamud is accused of having attempted to detonate a fake bomb in November, 2010 in downtown Portland, Oregon.

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Posted January/11/2013

PORTLAND, OREGON JUMPS INTO FACEBOOK PRIVACY FIGHT

A Portland, Oregon murder trial could change the ability of Facebook and other social media companies to refuse to give out information about their users and the content they post. While Facebook claims that its content is protected under federal privacy laws, criminal defense lawyers say their client’s constitutional rights trump the federal statute.

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Posted January/11/2013

TOO MANY MEDICAL MARIJUANA PATIENTS? THE OREGON MEDICAL BOARD IS CONCERNED

Since 2005, over 30 Oregon doctors have been disciplined or had their medical license terminated because of medical marijuana. The Oregon Medical Board is a committee designed to oversee the practice of medicine in Oregon. It is a similar organization to the Oregon State Bar, which oversees lawyers’ professional duties.

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Posted January/11/2013

FEDERAL GOVERNMENT CONTINUES TO INVADE OUR PRIVACY

As Americans throughout the country were getting ready to celebrate the New Year, members of Congress were preparing to extend a bill that has had a very negative effect on our privacy. Congress gave final approval to extend the Foreign Intelligence Surveillance Act which allows the government to intercept electronic communications of spy and terrorism suspects without a warrant.

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Posted January/11/2013

JUDGE PUTS KYRON HORMAN CIVIL SUIT ON ICE

Wednesday, November 29, 2012 saw a halt in the civil suit against Terri Horman, Kyron Horman’s stepmother. Desiree Young, Kyron’s mother, brought the suit, accusing Terri Horman of kidnapping Kyron, and demanding that he either be returned to Ms. Young, or the whereabouts of his body be known.

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Posted January/11/2013

LEGISLATURES TRYING TO PROTECT PRIVACY

A recent issue for Congress and State legislatures to evaluate is whether police need a warrant before searching a cellphone. Efforts have been made by State legislatures to say, “yes,” the police need a warrant. However, efforts have been denied by the governors of certain states.

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Posted January/08/2013

JUDGE IN MOHAMED MOHAMUD CASE WILL ALLOW JURORS TO SEE BOMB

U.S. District Court Judge Garr King will allow the jurors to see and inspect the van that held the fake bomb which Mohamed Mohamud suspectedly tried to blow up in November, 2010. Judge King’s ruling came after Mohamud’s defense lawyers argued that allowing jurors to inspect the van would be unfairly harmful to Mohamud, and would distract the jury from the real issues of the case.

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Posted January/08/2013

TRIAL SET TO BEGIN IN CHRISTMAS TREE-LIGHTING BOMB PLOT

After more than two years of preparation, the trial of Mohamed Mohamud is set to begin this coming week. There is no question that Mohamud tried to detonate a bomb in November of 2010. What is at issue is whether Mohamud was entrapped.

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Posted December/31/2012

PEACEFUL PROTESTING MAY RESULT IN MORE THAN ONE CONSEQUENCE

Elizabeth Nichols, a 22 year old college student, was recently found guilty of failing to obey the police. Not obeying the police had more than one consequence for Nichols. Not only was Nichols charged with violations, as opposed to a crime, she was pepper-sprayed in the face and mouth at the scene of the offense, and shoved with batons.

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Posted December/03/2012

OREGON SUPREME COURT RULING STRENGTHENS PROTECTIONS FOR IDENTIFIED SUSPECTS

November 29, 2012 saw the Oregon Supreme Court make a very important decision about the use of eye-witness identification evidence. In State v. Lawson, the Oregon Supreme Court got rid of the current way that eye-witness identification evidence is allowed in during a trial.

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Posted December/03/2012

THE EFFECT OF EXPUNGEMENT ON FEDERAL AND PRIVATE AGENCIES

Oregon’s expungement law says that once a motion to clear your record is granted, you can answer questions as if the conviction and arrest never happened. A problem that can happen, though is rare, is when the motion is granted, the conviction is cleared by agencies in Oregon, but not by those operated by the Federal Government or private companies.

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Posted November/29/2012

YOUR CELLULAR PHONE IS EVIDENCE

The cell phone has quickly become a source of evidence in criminal investigations. Police are using your cell phone as a substitute for your face-to-face communications. Chances are, if you send a text, that text will be viewed by the police if you have the phone at the time of an arrest.

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Posted November/20/2012

CRIMINAL CHARGES ANTICIPATED FOR PARTY BUS DEATH

What turns a terrible accident into a crime? That question will likely be weighed by a grand jury if formal charges are pursued as a result of a part bus death.

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Posted November/20/2012

GOVERNMENT SEEKS TO MAINTAIN SECRECY IN PRESENTATION OF EVIDENCE

The Judge in the Modamed Mohamud Portland, Oregon bombing case closed the courtroom to the public during a pre-trial hearing this past Wednesday. The court was closed when the attorney's for the government sought to protect the identities of two FBI informants involved in the sting operation that lead to the arrest of Mohamud.

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Posted November/20/2012

MARIJANA: THE SPLIT BETWEEN STATE AND FEDERAL LAW

In the 2012 General Election, Washington and Colorado both passed laws that make it legal for individuals over the age of 21 to possess small amounts of marijuana, even without a medical card. But can the Feds still prosecute you?

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Posted November/6/2012

A DOG-SNIFF MAY BE A SEARCH

On October 31st, 2012, the United States Supreme Court heard oral argument in a search and seizure case involving the use of a drug-sniffing dog on the outside of a home. The issue to be decided is whether a dog-sniff is a search that requires probable cause in order to be legal.

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Posted November/6/2012

IS A DOG'S NOSE ENOUGH FOR A SEARCH?

On October 31st, 2012, the United States Supreme Court heard oral argument in a search and seizure case involving the use of a drug-sniffing dog during a roadside stop of a car. The question is, is a dog's alert to the presence of drugs enough to allow a search of the car?

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Posted November/5/2012

ENTRAPMENT- DEAD OR ALIVE?

The federal case against Somali-born U.S. citizen Mohamed Mohamud, who tried to blow up a van next to Pioneer Courthouse Square in downtown Portland in November, 2010, raises more than just issues of terrorism and anti-Muslim feelings. The defense lawyers for Mohamud have raised a defense that is not often used anymore in modern practice—the entrapment defense.

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Posted November/2/2012

CLEARED RECORD, DELAYED REPORT

Doing expungement work, meaning wiping a person’s criminal record clean, is a big part of our criminal defense practice. Allowing people to start fresh without any criminal convictions on their record is a big help to our clients.

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Posted August/23/2012

PROSECUTORIAL ABUSE

Federal law allows federal courts to award attorneys’ fees and other expenses to criminal defendants who prove gross misconduct on the part of federal prosecutors. The law — a 1997 amendment sponsored by Representative Henry Hyde, a Republican — is a valuable deterrent to prosecutorial abuse, providing compensation in cases where a court finds the government’s position to be “vexatious, frivolous or in bad faith.”

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Posted August/10/2012

ACCURACY IN CRIMINAL BACKGROUND CHECKS

For far too long, the federal government has neglected its responsibility for regulating the companies that provide criminal background checks used by 9 in 10 companies to screen job applicants. The damage done to job seekers by flawed and unreliable data — a common problem with such services — can be devastating.

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Posted July/25/2012

FAULTY CRIMINAL BACKGROUND CHECKS

The federal government has historically paid little attention to the companies that collect and sell the data used by employers in hiring decisions — including data about an applicant’s criminal history.

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Posted March/19/2012

NATIVE AMERICAN CASE VICTORY

Over the last six months, we defended a Native American client from an activist family on a high-profile criminal matter arising from our client’s actions in rescuing her son from danger.

Our client faced extremely serious charges of Burglary in the First Degree and Custodial Interference in the First Degree for violating a Tribal Court, as a result of our client having removed her son from a location where she reasonably believed that her son was being sexually assaulted and was not being adequately protected.

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Posted May/9/2012

UNITED STATES SUPREME COURT DECLARES THAT POLICE OFFICERS CONDUCT A SEARCH WHEN THEY ATTACH A GPS TRACKING DEVICE TO A SUSPECT’S MOTOR VEHICLE

The United States Supreme Court periodically issues decisions in which the scope of the public’s right to be free from unreasonable searches and seizures, as protected by the Fourth Amendment to the US Constitution, comes into conflict with law enforcement’s use of new technology.

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Posted May/2/2012

US SUPREME COURT ISSUES STRONG DECISION AFFIRMING THE DUTIES OF DEFENSE COUNSEL IN THE CONTEXT OF PLEA BARGAINING

In the popular culture, the role of a criminal defense attorney is thought to be defense counsel’s role as champion for the accused during a high-stakes trial.

Of course, one of the responsibilities of defense counsel is to present a strong defense at trial. Indeed, criminal defense attorneys find nothing more gratifying than hearing the words “Not Guilty” at the end of a hard-fought trial.

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Posted April/25/2012

THE RESPONSIBILITIES OF DEFENSE COUNSEL IN REPRESENTING THE NON-CITIZEN CLIENT

Our law office frequently represents clients who are not citizens of the United States. Some of our clients were born abroad, yet have lived in the United States since they were small, and consider this their home. Others immigrated to the United States as students, or came legally to this country on professional or work visas. Some clients have applications pending for Naturalization, and others have a green card. Still others are undocumented aliens, yet have contributed to the economy and have paid taxes and supported their families for many years.

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Posted February/17/2012

ENTERING CANADA CAN BE DIFFICULT FOR A PERSON WHO HAS BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS

Any person who wishes to visit Canada must be aware that the Canadian government punishes the crime of driving under the influence much more severely than commonly encountered in the United States.

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Posted February/17/2012

ASSERT YOUR RIGHTS

Our legal system grants important rights to all of us. These rights include the right to be presumed innocent, the right to require the government to prove guilt beyond a reasonable doubt, the right to representation by an attorney, the right to confront one's accuser, and the right to be free from unreasonable searches and seizures.

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Posted February/17/2012

REGAIN YOUR RIGHT TO POSSESS A FIREARM

Oregon Law offers three ways for a convicted felon to regain the right to possess a firearm.

First, in some cases, a person convicted of a felony can sometimes get a conviction set aside. The Motion to Set Aside is commonly referred to as expungement. The statute which governs the Motion to Set Aside is ORS 137.225. You can read the statute yourself by clicking this link: www.leg.state.or.us/ors/vol4.html Some felonies qualify for expungement and others do not. For example, convictions for sex crimes and class A felonies never qualify while virtually all class C felonies do. There are also strict waiting periods.

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Posted July/21/2011

THE 2011 OREGON LEGISLATURE ENACTED A LAW THAT EXPANDS ELIGIBILITY FOR EXPUNGEMENT

Oregon’s Expungement Law (ORS 137.225) took effect nearly 4 decades ago, and has been amended many times. Frequently, the amendments have made it more difficult for a person to expunge a criminal conviction. However, the latest session of the Oregon Legislature passed HB3376, and thereby expanded the Expungement Law, making expungement available to persons who previously did not qualify.

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Posted July/19/2011

OREGON LEGISLATURE INCREASES THE CONSEQUENCES FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS (DUII)

The 2011 Session of the Oregon Legislature continued its tradition of increasing the consequences for Driving Under the Influence of Intoxicants (DUII). One example includes HB2103, which prohibits any person who enters the DUII Diversion Program on or after June 23, 2011, from using alcohol except for purposes of religious sacrament while in Diversion.

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Posted April/5/2011

BILLS PROPOSED CHANGES TO OREGON'S EXPUNGEMENT LAW

The Oregon Legislature is currently in session. Many bills propose changes to Oregon's Expungement Law (ORS 137.225).There are also bills that propose reclassifying certain drug crimes, which will impact on expungement law and practice.Relevant bills include HB 2673, HB 2674, HB 2675, and HB 2698.There is no guarantee that Oregon's Expungement Law will continue in its current form.Anyone who qualifies for expungement under current law should proceed with seeking expungement immediately.

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Posted November/29/2010

DUII CASES CAN BE DEFENDED SUCCESSFULLY

Year in, year out, the most frequent type of matter handled in our law office is a charge of Driving Under the Influence of Intoxicants (DUII). When a person gets a charge of DUII, there is often a feeling of hopelessness, anger, and frustration. However, DUII's can be defended successfully.

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Posted November/11/2010

ODE TO AN ORGANIZATION THAT FIGHTS FOR JUSTICE

Political interest groups are known for advancing the personal interests of their members. Thus, the NRA fights to preserve and protect the Constitutional right of Americans to keep and bear arms. The AMA and ADA seek to advance the economic interests of doctors and dentists. The NEA can be relied on to advance the interests of teachers.

Against this backdrop, I would like to commend an organization that actually works contrary to the private economic interests of its members, in the pursuit of justice.

The organization I refer to is the Oregon Criminal Defense Lawyers Association, an organization of attorneys and others who devote their career toward the defense of persons who are accused of crimes.

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Posted August/16/2010

TOP 10 FACTORS TO CONSIDER WHEN CHOOSING A CRIMINAL DEFENSE ATTORNEY

There are hundreds of thousands of attorneys in the United States. The most crucial decision any criminal defendant must make is the choice of defense counsel. With so many choices, how can the defendant make the important decision as to which attorney will be chosen to take on the defense?

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Posted August/13/2010

WHY SHOULDN'T I HANDLE MY CASE WITHOUT AN ATTORNEY?

Many people think that they can handle their case without engaging the services of a criminal defense attorney. They frequently discover, to their regret, that they should have retained the services of an attorney at a time when the attorney could have done them some good. Do not make this mistake

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Posted August/11/2010

WHAT IS THE OPTIMAL TIME FOR A PERSON TO RETAIN A CRIMINAL DEFENSE ATTORNEY?

The optimal time for a person to retain the services of a criminal defense attorney is the first moment when the person finds himself or herself under suspicion. That is the time when the attorney can do the greatest to help the client.

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Posted August/9/2010

SHOULD I ENTER THE DUII DIVERSION PROGRAM

Oregon has a Diversion Program, which is a good option for many persons accused of Driving Under the Influence of Intoxicants. On the other hand, some people do not qualify. And some people who do qualify are well advised to fight their case. What should the defendant do when accused of DUII?

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Posted July/23/2010

EXPUNGEMENT OF CRIMINAL ARREST OR CONVICTION IN OREGON

In today's world, a background check is required for nearly everything. Persons who have an arrest or a criminal conviction on their record may not realize that expungement may be an option. Anyone who has an arrest or conviction on their record should explore the possibility of expungement.

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Posted July/7/2010

ATTORNEY GIVES ADVICE ON HORMAN CASE

PORTLAND, Ore. - A prominent family defense attorney has weighed in on the legal developments in the Kyron Horman case.

Mark Cogan, who represented Carl and Raylene Worthington when the couple was accused of child mistreatment and manslaughter charges when they decided to pray for their sick daughter instead of take her to a doctor, warned the public of rushing to judgment.

“Nobody has been formally charged,” Cogan said. “There’s all sorts of speculation innuendo rumor suspicion out there on the internet and public opinion and on television but at this point no formal charges have been lodged and I would just caution people from coming to any premature judgment until facts are in.”

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Posted March/19/2010

On February 11, 2010 Oregon Supreme Court issued its decision in the case of State vs. Machuca

A widely awaited opinion on the subject of police powers vs individual rights in the area of DUII enforcement. You can view the decision

I find the Court’s dismissal of the individual rights claim in Machuca very shocking. Although the result was not unanticipated, in its decision the Court uses callous and chilling language that would have appalled the Founders. The Court’s treatment of the very important issues at stake does not bode well for individual rights in our State.

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Posted December/30/2009

I AM TOTALLY INNOCENT; WHY DO I NEED AN ATTORNEY?

Some people feel it is unnecessary to hire a criminal defense attorney because they believe they are innocent and procuring legal representation is not needed. The fallacy with this way of thinking is that, in our adversarial legal system, the only way that people can be assured of having their rights protected is when they have capable legal representation.

When a person is accused of a crime, he will find himself up against the police, the prosecutor, and the judge, all of whom are savvy in the ways of the law. None of these professionals can be depended upon to safeguard the rights of the accused. Only a defendant who has a capable and experienced defense attorney at his side can be assured of having a “level playing field” and being given a fair chance at being exonerated.

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Posted December/29/2009

I AM TOTALLY GUILTY; WHAT CAN AN ATTORNEY DO FOR ME?

We are often asked this question by prospective clients. The answer is: a capable and experienced defense attorney can go a great deal even for someone who is totally guilty.

For one thing, three are many cases where the defendant is guilty of committing a criminal offense, but mitigating circumstances may exist that can lead to less severe consequences. When a defendant pleads guilty and places his fate at the mercy of the court, his fate is often far worse than it would be if he had legal representation by an experienced defense attorney.

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Posted December/15/2009

DUII DIVERSION ENTRY IS POSSIBLE EVEN WHEN THE PROSECUTING ATTORNEY OBJECTS!

Prosecuting attorneys throughout the State of Oregon have become more aggressive in opposing DUII Defendants being allowed to enter the Diversion Program.

We have seen cases in which prosecutors have opposed a Defendant’s application to enter Diversion for varying reasons. In some cases, a prosecutor will oppose a Defendant being allowed to enter Diversion because the underlying case involved an accident where an injury is alleged to have occurred. In other cases, a prosecutor will oppose a Defendant’s application to enter Diversion because a child was in the Defendant’s vehicle at the time of the underlying offense. Other situations in which prosecutors sometimes oppose a Defendant entering Diversion include situations where the Defendant has had a prior DUII, where the Defendant has been in alcohol or substance abuse treatment in the past, or where the Defendant registered a high reading on a breath or blood test.

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Posted December/14/2009

CIVIL COMPROMISE CAN BE A GREAT ROUTE TO PREVENT CRIMINAL PROSECUTION

Oregon law offers a framework for a resourceful defense attorney and a pragmatic client to accomplish dismissal of a criminal charge, even where the prosecuting attorney objects to the case being dismissed.

In a situation where the criminal charge encompasses alleged harm to another individual or business entity, the defense attorney has the opportunity to negotiate a settlement with the alleged victim, and follow up with a motion to dismiss the case as a Civil Compromise pursuant to ORS 135.703 to 135.709. When insurance coverage is available, typically in an automobile accident scenario, it is best to coordinate negotiations with the defendant’s insurance company. The client should be aware that the insurance company’s framework is limited to the negotiation of a civil settlement. The focus of the criminal defense attorney is on avoiding criminal consequences to the client. In many situations, the criminal defense attorney will collaborate with the insurance company for the benefit of the client.

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Posted October/26/2009

ATTORNEY MARK C. COGAN GOES THE EXTRA MILE FOR HIS CLIENTS

OREGON IS A VAST AND BEAUTIFUL STATE, ATTORNEY MARK C. COGAN GOES THE EXTRA MILE FOR HIS CLIENTS, HERE'S THE PROOF!,FOLLOWING ARE THE VENUES IN WHICH MARK C. COGAN HAS REPRESENTED CLIENTS IN CRIMINAL MATTERS.

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Posted October/25/2009

EXPUNGEMENT OF ARREST AND CONVICTION RECORDS OPENS NEW OPPORTUNITIES FOR OUR CLIENTS

Since 9-11, employers nationwide have made widespread use of background checks as a employment screening tool. Landlords conduct background checks to screen potential renters. Anyone who has a criminal record faces an additional obstacle to personal advancement.

We are frequently contacted by persons who are interested in clearing up their record of a past arrest or conviction. Fortunately, Oregon law permits expungement of arrest or conviction records in many cases, thus opening new opportunities for many. Not everyone who contacts us is eligible for expungement, but we are pleased that we are able to help roughly 50% of those who seek our assistance.

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Posted October/24/2009

SHOULD I ENTER DUII DIVERSION OR TAKE MY CASE TO TRIAL?

We represent many clients who are facing a first-time DUII charge and are seeking advice on whether they should take their case to trial or enter the DUII Diversion Program.

Sometimes it is difficult to decide whether to enter Diversion or to take one’s case to trial.On the one hand, the client may feel that the police were not justified to take the action they did in the first instance. There may be frustration that signs of intoxication were exaggerated and signs of sobriety were ignored. The client might feel that the police are only looking to pad their stats, and produce revenue through the court system.

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Posted October/23/2009

DON'T BE COERCED INTO GIVING INCRIMINATING EVIDENCE TO THE POLICE

IMPORTANT NEW DECISION ISSUED BY THE COURT OF APPEALS SUPPORTS THE RIGHT OF THE DUII SUSPECT NOT TO BE COERCED INTO GIVING INCRIMINATING EVIDENCE TO THE POLICE

On September 30, 2009, the Oregon Court of Appeals handed down an important decision in the case of State vs. Thomas Gregory Machuca, which supports the right of the DUII suspect not to be coerced into furnishing incriminating evidence to the police.

Under Oregon’s Implied Consent Law, police officers routinely procure breath, blood and urine samples from DUII suspects under threats that, if such evidence is withheld, the suspect’s license will be suspended and financial penalties will be imposed.

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Posted October/12/2009

IMPORTANT NEW LAWS PASSED BY THE 2009 OREGON LEGISLATURE IN THE AREA OF CRIMINAL LAW AND PROCEDURE

The 2009 session of the Oregon Legislature enacted more than 125 bills that have an impact on Criminal law and procedure. Some of these new laws impact our clients in a major way. The most important new laws are summarized in this article.

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