Doré Law Firm

Category: criminal

  • Important Information for Non-Citizen Clients – Informacion Importante Para Clientes No-Ciudadanos

    Español (English Below)

    Hola,
    Este es un tiempo dificil para nuestro pais y especialmente la gente no ciudadana. Estoy compartiendo este informacion con todos mis clientes porque es importante que Ud. sabe sus derechos y los derechos de sus amigos y familia.
     
    Si Ud u otras personas que conoce no son ciudadanos de los EEUU, recomendo que imprime este informacion y guardala cerca la puerta de su casa, y en su billetera.
    Muchas gracias por la oportunidad a ayudarle con su caso. Dejame saber si tiene cualquier pregunta o duda.
    Blake
    ********************

    SABE SUS DERECHOS

     
    Si agentes  están en la puerta, manténgala cerrada y les pregunte si son agentes de ICE.
     
    Pregunte a los agentes por qué están ahí.
     
    Si los agentes de ICE no tienen una orden firmada por un juez, usted puede negarse abrir la puerta o entrar a su casa
     
    Si los agentes quieren entrar, pregunte si tienen una orden firmada por un juez. Una orden administrativa de expulsión de las autoridades de inmigración no es suficiente.
     
    Si ellos dicen que tienen una orden, pídales que pasen la orden debajo de la puerta.
     
    Busque en la parte superior  en la línea de la firma para ver si fue emitida por un tribunal y firmada por un juez o emitida por DHS o ICE y firmado por un empleado de DHS o ICE. Sólo una orden judicial/juez es valida para la entrada en su casa.
     
    No abra la puerta a menos que ICE muestra una orden de cateo/registro o de arresto judicial que tenga su nombre o el nombre de alguien que viva en su casa, y/o las áreas que deben ser registradas en su dirección.
     
    En todos los demás casos, mantenga la puerta cerrada. Diga: “No consiento a su entrada.”
     
    Si los agentes como quiera abren paso a la fuerza, no trate de resistirse. Si desea ejercer sus derechos, diga:
     
    “No consiento a su entrada o su registro de este lugar. Estoy ejerciendo mi derecho a guardar silencio. Deseo hablar con un abogado tan pronto como sea posible”.
     
    Todas las personas que se encuentren en su residencia pueden tambien ejercer su derecho a guardar silencio.
     
    NO MENTIR O MOSTRAR DOCUMENTOS FALSOS.
     
    NO FIRME NINGÚN DOCUMENTO SIN HABLAR CON UN ABOGADO.
     
    Este informacion es de: https://www.aclu.org/know-your-rights/que-hacer-si-esta-involucrado-en-una-redada-de-casa
     
    Para obtener más información, consulte: https://www.aclu.org/know-your-rights/que-debe-hacer-si-la-policia-agentes-de-inmigracion-o-el-fbi-lo-detienen

    English

    Hi,
    This is a challenging time for our country and especially non-citizens. I’m sharing this information with all my clients because it is important that everyone know their rights and the rights of their friends and family.
    If you or someone you know isn’t a US citizen, I recommend that you print this information and keep it near the door of your home, or in your wallet.
    Thank you for the opportunity to help you in your case. Please let me know of any questions or concerns.
    Blake

    KNOW YOUR RIGHTS

    If officers are at your door, keep the door closed and ask if they are Immigration agents, or from ICE.

    Ask the agents what they are there for.

    Opening the door does not give the agents permission to come inside, but it is safer to speak to ICE through the door.

    If the agents don’t speak your language, ask for an interpreter.

    If the agents want to enter, ask them if they have a warrant signed by a judge. If ICE agents do not have a warrant signed by  a Judge, you may refuse to open the door or let them in. An administrative warrant of removal from immigration authorities is not enough.

    If they say they have a warrant, ask them to slip the warrant under the door.

    Look at the top and at the signature line to see if it was issued by a court and signed by a judge. Only a court/judge warrant is enough for entry into your premises. One issued by DHS or ICE and signed by a DHS or ICE employee is not.

    Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address.

    In all other cases, keep the door closed. State: “I do not consent to your entry.”

    If agents force their way in anyway, do not attempt to resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.” 

    Everyone in the residence may also exercise the right to remain silent.

    Do not lie or show false documents. Do not sign any papers without speaking to a lawyer.

    This information is from: https://www.aclu.org/know-your-rights/what-do-if-immigration-agents-ice-are-your-door

    For more information, consult: https://www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi

  • Big Felony Win – Client Found Not Guilty of Two Counts of Criminal Impersonation of a Peace Officer

    Client was charged with two felony counts of criminal impersonation of a peace officer in Multnomah County. The charges stemmed from allegations that the client performed services as a security guard while wearing a law enforcement badge.

    The charge of criminal impersonation of a peace officer requires proof of three things:

    1. An intent to defraud or gain a benefit;

    2. the use of false law enforcement identification to give an impression that the person is a peace officer; and

    3. does an official act in the assumed character.

    Three police officers, an OLCC (which is charged with enforcing Oregon liquor control rules) inspector and an DPSST (which is charged with licensing private security guards) investigator testified that Client performed work in the role of security guard while wearing a law enforcement badge and allowing people the false impression that he was a law enforcement officer.

    Client testified that he thought people were under the impression that he was a law enforcement officer, and that it was a mistake to not correct that false impression, but that he never intended to trick anyone into thinking he was law enforcement. He also testified he wore an old badge from when he was in law enforcement because he didn’t know it would create such problems when he was working security.

    After two days of testimony by prosecution witnesses, and following Client’s testimony, the judge in the case granted the defense motion for acquittal and dismissed all charges. The jury, hearing the judges decision, congratulated Client – and some even came out of the jury box to shake his hand!

    A big win for a Client that was truly not guilty!

  • Oregon Civil Compromise of a Misdemeanor or Felony

    Settling Your Case the Civil Way

    There are lots of ways for a criminal case to end – a glory-filled not guilty verdict by a jury, a hard-won plea bargain or the civil way – through a civil compromise.

    Oregon law allows people to resolve most misdemeanor and class C felonies* through a process called a civil compromise. So long as the victim agrees in writing that he or she has received “satisfaction for the injury,” the court can dismiss the case and it can never be brought again.

    Satisfaction for the Injury Can Mean Anything in a Civil Compromise

    The victim of the crime can agree that nearly anything is satisfaction for the injury. I’ve represented clients in cases where the victim simply wanted an apology; others wanted their damaged property repaired; some want money for their lost time and lost sense of security. It truly can be anything – so long as the victim feels compensated.

    A Successful Civil Compromise Leads to Dismissal Forever

    Once a judge has dismissed a case under the civil compromise statute it is gone forever. The prosecution can’t charge you again for the same crime even if the victim changes his or her mind and wants to go back to a criminal prosecution. You’re done.

    You’ll Want Help to Complete a Civil Compromise

    Defendants shouldn’t attempt a civil compromise on their own. Often, courts enter an order that prohibits the defendant from contacting the victim. You could wind up in jail if you call the victim up to try to settle the case.

    Its helpful to have your attorney act as a middleman to settle the case. Discussions can get heated when a defendant and victim talk directly – and that’s not good for your chances at settling the case.

    My approach is simple: I explain my client’s situation to the victim, what they stand to lose if convicted and try to find out what can help the victim feel satisfied for his or her loss. Once the victim is on board, I draft a civil compromise agreement and submit it to the court with a motion to dismiss the case forever.

    A Good History of Successful Civil Compromises

    I’ve successfully entered civil compromise agreements on charges for theft (including felony theft), misdemeanor and felony hit and run , assault, and property damage. Give me a call to talk about your case. We’ll see if we can settle it the civil way.

     

    *Civil comprise is prohibited in those cases that are: committed by or upon a peace officer; riotously; with the intent to commit a crime punishable only as a felony (like a Class A or B felony); Domestic Violence crimes if it was Assault 4, Assault 3, Menacing, Recklessly Endangering Another Person, Harassment, Strangulation; reckless driving; any other victim-less crime.

  • Washington County Felony DUI Reduced to Misdemeanor

    Great result today out of Washington County, Oregon where my client’s felony DUI charge was reduced to a misdemeanor DUI.

    Felony DUI in Oregon is based on the number of prior convictions. ORS 813.011 leads to a felony DUI if you have two prior convictions in the last ten years. It carries a minimum of 90 days in jail without the possibility of work release or home confinement.

    Motion to Challenge Prior Convictions Successful

    Defendant had a prior case in California that was remarkably similar to an Oregon diversion. We made a motion to challenge defendant’s prior convictions based on whether the Oregon legislature intended a prior “conviction” to mean a guilty plea or the entry of a judgment of conviction.

    The court ruled that the State had failed to prove the California case ended in a conviction. This change the case from a felony DUI to a Misdemeanor DUI. Defendant ended the case with a sentence that was 1/3 of the DA’s final pre-trial offer, less than the mandatory minimums for a felony DUI and he’s eligible for work release and home confinement. Overall, a great result!

  • Washington DOL Hearing Victory

    I recently represented a client in a Washington DOL Hearing (Department of Licensing) regarding whether his license could be suspended for allegedly failing a breath test.

    Following a car accident, my client was contacted by police. My client admitted drinking earlier in the evening but had stopped long ago. The officer did not smell any alcohol on my client but said that his eyes were droopy, red and watery. She arrested him for DUI.

    Upon arriving at the station, the officer prepared to do a breath test: she checked his mouth for any foreign objects; she waited the 15 minute waiting period required as part of the Washington State Toxicologist breath test protocol. She had my client blow into one BAC Datamaster breath test machines. It returned an “invalid sample” error. She turned to the second machine in the room and had him blow into that one. Subsequently, she charged him with DUI and asked Washington DOL to suspend his license.

    We requested a Washington DOL Hearing to challenge the validity of the license suspension. The Washington DOL Hearing Officer threw out the suspension because the officer failed to follow the court protocol.

    WAC 448-16-040 requires:“(4) In the event that the instrument records an “invalid sample” result at any point during the subject’s test, that subject’s test should be readministered, after again determining that the subject has no foreign substance in their mouth as outlined in WAC 448-16-040(1), and repeating the fifteen minute observation period.”

    The officer didn’t re-do the mouth check and didn’t repeat the fifteen minute observation period.

    The result? Client gets to continue driving without a pretrial suspension that would have resulted if we had lost his Washington DOL Hearing. Client may also be able to use the officer’s error to suppress the breath test in the criminal case as well.

    The moral? Police reports require a careful reading to catch the small errors that an officer may make. Those errors can yield big results.

  • Vancouver DUI Reduced to Negligent Driving

    Good Result on Vancouver DUI

    My client was charged with a DUI over .15% blood alcohol content. This case looked tough from the beginning, with allegations of a high BAC, allegations of an “overwhelming” odor of alcohol and a report detailing an extremely poor job on field sobriety tests. The original offer was to plead as charged and go to jail for 2 days.

    Initially, the State only turned over a written report. However, after reviewing it, it was obvious that there was also a video recording of the stop. After forcing the state to turn over the tape I discovered that 1) the first officer on the scene never smelled the odor of alcohol from my client; 2) the officers commented that she did an “amazing job” on field sobriety tests (despite writing up report to look like a terrible job); and 3) when client said she didn’t want to do field sobriety tests, officers made a veiled threat of arrest if she didn’t do them.

    The end result was a reduction from a high blow DUI to Negligent Driving 1. That means 3 years less probation, no further license suspension and avoiding a year of ignition interlock. That’s a great result for almost any Vancouver DUI!

  • What to Expect at Your First Court Date

    Getting Charged with a Crime is Scary.

    The uncertainty of your situation You were arrested or given a ticket with a court date. You don’t know what’s going to happen or how everything will turn out.

    Your First Court Date Doesn’t Have to Be.

    Your first court date will be when the court will formally tell you the charges, accept your plea and give you future court dates. If you’re out of custody now, and don’t seem like a flight risk, you’ll probably be left out of custody. If you were booked and released (or bailed out) the judge will remind you to follow your conditions of release. The judge could also tell you new conditions you’ll have to obey.

    To Do at Your First Court Date:

    Get a lawyer. A lawyer is crucial when your future is at stake. If you can’t hire a lawyer, one can be appointed to you at your first hearing.

    Plead not guilty. That will buy you time to talk to your attorney, work out a favorable deal (or potentially diversion that would result in dismissal) or complete a civil compromise (where you pay for the other party’s loss and then request a dismissal by the court).

    Dress as if this were a job interview. You want the judge to think of you as reliable. You also want to show the judge you respect the court because, if you respect the court, you’re more likely to follow its orders.

    What Not to Do at Your First Court Date:

    Try to tell your story to the judge or bargain with the judge. This isn’t the time for that and the judge doesn’t have the power to dismiss the case no matter how great your story is.

    Talk to the prosecutor without your attorney. (Or, if you do, don’t admit to anything.)

    Be late.

    Do You Have a First Court Date Coming Up?

    Having an attorney on your case can make your first court date a lot less scary, go more quickly and – depending on the where you have to go to court – you may not need to go to court at all. Contact me for a confidential consultation.

  • Impaired Driving Isn’t Just About Alcohol – Controlled Substances DUII’s in Oregon

    When most people think of Driving Under the Influence of Intoxicants, they think of drunk driving – that is, they think of someone under the influence of alcohol.  But in Oregon, and most other jurisdictions, alcohol doesn’t have to be involved for a DUII to be charged.  Impaired driving is illegal whether it’s caused by alcohol or some other controlled substance.  I’ve already discussed breathalyzers and how basic alcohol DUII investigations work in Oregon.  Now let’s discuss what happens if the officer believes a person is driving impaired but the breathalyzer results show no alcohol.

    DUII Can Involve Any Controlled Substance

    A person who drives on a public road while under the influence of a controlled substance or inhalant can be charged with DUII in Oregon.  A controlled substance is any drug classified under the federal Controlled Substances Act.  This includes commonly known illegal drugs, such as methamphetamine, heroin, and cocaine.  It also includes many prescription drugs, such as Ambien, oxycodone, and Xanax.  It even involves marijuana, even if the person driving holds a valid medical marijuana card.  Generally over the counter drugs do not fall in this category.  The fact that a drug is taken pursuant to a prescription does not mean that a person can drive while under the influence of that drug; if the person is impaired to a noticeable and perceptible degree, that person can still be convicted of DUII.

    Controlled Substance DUII Investigation Involves a DRE

    Most controlled substance DUII investigations start with the same basic format as an alcohol DUII.  But if the breathalyzer results says there is no alcohol in the person’s system, or there is far less alcohol than expected based on the person’s behavior, then the officer will ask for a Drug Recognition Expert (DRE) to perform a more thorough investigation.  The DRE investigation is a twelve-step process that involves more intensive testing than the usual Field Sobriety Tests.  If the DRE believes that the person is under the influence of a controlled substance then the DRE makes an educated guess as to what the substance is.  The final step is then to have the person give a urine sample so that the police can confirm whether the substance is actually present in the person’s system.  If it is, then the person is likely to face a DUII charge.

    Controlled Substance DUII’s Can be Fought

    There are many possible ways to attack allegations of impaired driving based on controlled substances.  For starters, the state must charge the person correctly; if the state fails to specify that the DUII is based on controlled substances then the case can fall apart.  The DRE process is also considered scientific, so in order for the final results to come in against a person at trial each step must be performed in exactly the correct manner.  If the DRE guesses the substance wrong then the whole case can be thrown out, even if the person was under the influence of something different.  As with all DUII’s, alcohol or otherwise, there is always room to challenge whether the officer originally had enough reason to believe the person was under the influence of intoxicants.  Controlled Substance DUII PicAn amusing recent example is this article talking about the phenomenon of officers claiming that a “green tongue” is adequate reason to believe that a person has recently smoked marijuana.  Finally, even if the state can prove that a person has a controlled substance in their system, the district attorney still must prove that the substance was actually impairing the person at the time of driving.  Unlike alcohol, which leaves a person’s system quickly, many drugs remain in the body for long periods of time.  Simply proving that a person has some marijuana in their system does nothing to prove when the marijuana was consumed and whether the person was being influenced by it at the time they were driving.  There are many ways to fight a controlled substance DUII allegation.  If you find yourself charged, speak to an experienced DUII attorney before taking any action on your case.

  • Hit and Run – What If It Doesn’t Involve Another Car?

    Most people know that it’s wrong not to stop after an accident.  What many people don’t know, however, is that in Oregon it is actually a Class A Misdemeanor is they don’t take certain steps to notify property owners of damage to property that isn’t a car.  In Oregon a hit and run, legally known as Failure to Perform the Duties of a Driver (ORS 811.700), can be charged for very minor damage.  Any sensible person knows that they must not drive away if someone is injured or if they hit another car, but what if it’s just running into something?

    Hit and Run against Property on Side of the Road

    An accident doesn’t have to involve another car for there to be legal duties.  If a driver damages any “fixture or property” on or next to the road then they have a duty to stop.  This would include road signs, buildings, dumpsters, or even a person’s front yard.  If a driver damages someone else’s property, the person must take reasonable steps to notify the owner of the property of the damage and to provide their name, address, and the registration number of the car.  They must also show their driver’s license if requested.

    Hit and Run Can Include Vegetation

    It makes sense that a person must notify the property owner if they run over someone’s mailbox.  But what about if someone runs into someone else’s front yard or drives their car into a tree?  A recent article in the Oregonian highlights a woman that was cited after driving her truck into a tree and then leaving.  This woman was given citations for criminal mischief (for damaging someone else’s property) and for hit and run for not staying around to report the damage to the tree’s owner.   Whether the vegetation is publicly or privately owned, since it has a value it must be reported if damaged.Truck in Tree

    Is it Hit and Run if the Car is Left Behind?

    Is it really a hit and run if the car is left behind at the scene of the damage?  That’s an interesting question, and one that should be discussed with an attorney if you find yourself in a situation like this.  A couple of years ago I had a case where the client was charged for driving his car through a fence and into someone’s front yard after failing to make a turn in the road.  The client fled and wasn’t found until the next day, but left his car behind as it was stuck in the deep groves left in the garden.  We ended up getting the jury to return a not guilty verdict based on the argument that he had notified the owner of the damage by leaving the car there in plain sight, that he had provided his name and address as it was on the insurance card in the glove compartment, and that the vehicle registration number was also provided as it was on the car itself.  Depending on the facts of the case, you can win a hit and run accusation, so speak to an experienced criminal defense attorney before taking any steps if you find yourself charged with hit and run.

     

  • A DUI Conviction Will Suspend Your License

    Getting charged with a DUI is embarrassing. You might have to do a brief stint in jail. One of the longest lasting consequences is that a DUI conviction in another state will suspend your license.

    As discussed in my previous post, A DUI in Another State is the Worst of All Worlds, there are two ways to lose your license from a DUI: the administrative track (through a DOL or DMV suspension) or following a conviction.

    The Conviction Track

    In Oregon and Washington you will lose your license if you’re convicted of a DUI. Both states have different lengths of suspensions that depend on the severity of the charge and your criminal history.

    Oregon License Suspension After a DUII

    After a DUII conviction in Oregon, the DMV will suspend your license. The length of the suspension will depend on your criminal history.

    1st DUII One Year Suspension 0-day wait for hardship permit
    2nd DUII Three Year Suspension 90-day wait for hardship permit
    3rd/Felony DUII Permanent Revocation* No hardship permit

    *Can petition the court to return driving privileges after 10 years.

    Washington License Suspension After a DUI

    After a DUII conviction in Oregon, the DOL will suspend your license. The length of the suspension will depend on your criminal history and the severity of the offense.

    Blood Alcohol Content .08% – .15%
    No Prior 90-day Suspension Ignition Interlock License*
    1 Prior 2-year Revocation Ignition Interlock License*
    2 or 3 Priors 3-year Revocation Ignition Interlock License*
    Blood Alcohol Content > .15% or Refused Test
    No Prior 1-year revocation, 2 if refused Ignition Interlock License*
    1 Prior 900-day revocation, 3-year if refused Ignition Interlock License*
    2 or 3 Priors 4-year Revocation Ignition Interlock License*

    The ignition interlock license allows anyone with a Washington license to continue to drive so long as they have:

    • -Proof of a functioning Ignition Interlock
    • SR-22 Insurance
    • -$100 fee to DOL
    • $20 monthly fee plus monthly lease on the IID

    The IIL lasts for a minimum of one year and runs through the length of any longer suspension or revocation. The court can order an IIL for up to five years.

    DUI in Another State

    Oregon and Washington will suspend the licenses of out-of-state drivers that get convicted of a DUI. Thankfully, the law in both states says you should be able to get a IIL (Washington law specifically allows an IIL for out-of-state convictions) or hardship permit (Oregon says your suspension should be treated as if the conviction happened in Oregon).

    In practice, DOL and DMV don’t always follow these rules. They sometimes refuse to issue the alternative licenses. In those cases, you need legal help to enforce your rights.
    f you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.