Videotaping the Oregon Police: What is t...

Blog Post Written by: Pete Castleberry, Oregon Criminal Defense Lawyer Why don’t Oregon police officers want to be recorded on video by civilians? Several recent events would suggest that police do not want to be recorded, and are struggling to find a way to deal with it. Schlossberg v. Solesbee Last week, a jury in Eugene’s U.S. District Court determined that police sergeant...

Jury Nullification

People have a great deal of power and ability to form and shape our government and yet many of the paths through which people can do this are not utilized. We all know about voting, but there are many other paths that are not widely known and, often, deliberately kept from the public. One of the least known tools in the public’s ‘checks-and-balances’ tool bag is jury...

Defenses to Residential Eviction

This blog is written by Erik Wilson- www.nobigdeallaw.com Getting notice that you’re being evicted can be a traumatic experience.  As a tenant in a residential living space, you have certain rights that may prevent, postpone, or mitigate the costs of an eviction.  The following are some general things to keep in mind once you have received notice of an eviction proceeding:  What...

Missing Video Evidence

Many police department vehicles, especially in the greater Portland area, are equipped with video and audio recording equipment. Some departments, notably the Oregon State Police, equip their officers with lapel microphones to record conversations that occur on the side of the road, away from the car. Often DUII cases come down to officers opinions about the presence of signs of...

Landlord Expectations

This blog is written by Erik Wilson- www.nobigdeallaw.com   Most of us know what a landlord can expect from us: Rent paid on time Returning the property in a good condition Notice before moving out Fulfillment of the terms of the lease or rental contract. But what can a tenant expect from the landlord? The Oregon Residential Landlord Tenant Act governs a majority of...

Are All DUII Convictions Alike?

When meeting people in Portland, often the first thing asked is where are you from? Why? Well, it almost seems no one was actually born here and just about everyone has immigrated to the Rose City from other states. Oregon’s DUII laws put a great deal of emphasis on prior convictions. Most who have never had a prior DUII are eligible for the diversion program and the courts will...

Coerced Into Consent

Oregon has a very odd law known as Implied Consent. Through it, the law says that a person who drives impliedly consents to give the police evidence of their blood alcohol content should that person be arrested for DUII. When one first hears that, it’s easy to think, yeah, ok, what is wrong with that? The problem with the Implied Consent law lies in the Fourth Amendment to the United...

Jail as Rehab?

Just over a week ago, the Ninth Circuit Court of Appeals released a decision in US v Grant that may have wide sweeping implications on many drug and alcohol cases in the future. I have long said, and will continue to do so, that jails make terrible treatment programs. Incarceration is a very effective societal tool and shouldn’t be discounted, but it very often is not the right way to...

Oregon Diversion for Out-of-State Reside...

If you are not a resident of Oregon but were recently arrested for DUII in Oregon, there are several things you need to know and do before heading back to your home state. The very first thing you need to do is find a Portland DUII attorney who can begin advocating on your behalf. The decisions you make in the moments following your arrest can have a great impact on your life and...

Prizes for Sobriety!

The University of Connecticut has begun studies of the effects of prizes on encouraging sobriety in subjects who are already in inpatient or outpatient programs for substance abuse. The study is based on people who are in 2-4 week intensive programs and the study monitors them for a 12-week period following treatment. The emphasis of the approach is to put the focus on the positive and...