assault  in portland oregon

Misdemeanor and Felony Assault in Oregon

by troy on December 2, 2011

Our office handles a lot of assault-related cases, both felony and misdemeanor. Here are a few answers to common assault questions:

What are the differences between the different levels of assault?

Assault crimes in Oregon are broken down into four degrees. Assault in the fourth degree, commonly known as assault 4, is the least-serious. [click to read more]

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eviction defense portland oregon lawyer

Tenant Evictions in Oregon

by troy on November 8, 2011

Landlords sometimes try to kick tenants out of the homes they’re renting. That process is called “eviction.” It’s also known as F.E.D., but it’s easier to just call it eviction.

If you are a tenant (as opposed to, for example, a guest or a squatter) living somewhere with a valid rental agreement (verbal or written), a landlord cannot just break in and kick you out on his own! Doing so would be illegal – your landlord would probably get into criminal trouble, and you would likely be able to sue your landlord for a substantial amount of money. If a landlord wants you out and you won’t leave, a landlord’s only way to get you out is through the eviction process. That process usually has to start with your landlord giving you a “notice of termination.” [click to read more]

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Tenant security deposits

by troy on October 16, 2011

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 rent or fees, or if you cause damage to your rental beyond normal wear-and-tear, your landlord may be able to keep some or all of your security deposit. Ordinarily, though, your landlord must return your entire security deposit after you move out.

The rules about security deposits are found in ORS 90.300. When your lease ends and you move out, your landlord has 31 days to mail to you (or hand to you) 100% of your security deposit. If your landlord wants to keep any part of your deposit (for the reasons discussed above), your landlord must give you a written accounting within that same 31 day period of time.

Landlords break the rules on security deposits all the time, and when they do, tenants may be able to sue them for twice the amount of money in dispute. For example, landlords often fail to send back deposit money within the 31-day time period. Or, landlords try to bully tenants out of their security deposit money by making up bogus damage claims.

Don’t let your landlord screw you out of your security deposit! Call Portland Defender – we can help you get your security deposit back.

(photo by TaxBrackets.org)

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City Housing Inspections in Portland

by troy on October 1, 2011

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 mold and moisture intrusion, etc.

If your landlord refuses to make reasonable repairs to your home, you should always think about contacting the city building inspector – they can be reached via phone at (503) 823-2633, or on the web.

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In Oregon, you can go to jail for holding hands

Photo by Een Ar December 29, 2010

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

December 22, 2010

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 case CR0211973, State v. Birchard, 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

December 9, 2010

Earlier this week, Portland Defender attorney Troy Pickard successfully defended his client against a serious assault charge in Clackamas County. In case CR1012705, State v. Bushman, 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. [...]

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Beware of slippery jury instructions

November 2, 2010

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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Skip Small Claims Court in Oregon

September 27, 2010

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 [...]

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No probation revocation for failure to pay restitution

September 23, 2010

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 [...]

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