Case Results

Case Results

As a criminal defense attorney, I have represented clients in approximately 2,000 criminal cases. I strive to achieve consistent case results by listening to my clients, analyzing the state’s case on the front end, and taking cases to jury trial if necessary.

Listed below are some positive case results that I have achieved for my clients. All of these cases were tried in Southern Oregon. Please note that every case and every client is different, and no attorney can guarantee specific results.

Marijuana and Controlled Substances

Case Results

Case Dismissed, Seized Funds Returned: My client was the driver of a vehicle that law enforcement claimed was seen leaving a known drug house. Law enforcement ordered my client and the passengers out of the vehicle and deployed a drug K-9 around the vehicle. Law enforcement conducted a warrantless search of the vehicle and discovered $37,000 in cash and marijuana products. My client was charged with Money Laundering and Conspiracy to Export Marijuana. The government also initiated forfeiture proceedings regarding the $37,000 seized from the vehicle. I filed a Motion to Suppress arguing that law enforcement violated my client’s constitutional rights. The State conceded the motion, dismissed the criminal charges, and returned more than $35,000 to my client.

Case Dismissed: My client was charged with growing marijuana beyond the limits of his Oregon Medical Marijuana Program grower card. Before trial, we tried to get access to the marijuana plants that had been seized by law enforcement to determine if our client had been over the legal number of plants. During trial, the lead detective admitted that law enforcement had destroyed the marijuana plants without consulting with the court or the defense. All drug offense charges were dismissed.

Evidence Suppressed, Case Dismissed: My client was charged with possession of methamphetamine and cocaine after a police officer searched her purse during a traffic stop. The police officer asserted he had probable cause to search the purse because he saw a baggie of marijuana sticking out of the purse. I filed a Motion to Suppress and argued to the court that the search violated my client’s constitutional rights. The court found the testimony of the officer not to be credible and suppressed the evidence. All drug offense charges were dismissed.

Evidence Suppressed, Case Dismissed: My client was charged with possession of methamphetamine after law enforcement searched his vehicle during a traffic stop I filed a Motion to Suppress and argued to the court that the search violated my client’s constitutional rights. The trial court denied the motion, but the Oregon Court of Appeals reversed the trial court and ordered that the evidence be suppressed. The appeal was handled by the Office of Public Defense Services.

Reversed and Remanded, Case Dismissed: My client was the passenger in a vehicle that was pulled over for traffic violations. Law enforcement officers detained my client, searched his backpack, and questioned him. I filed a Motion to Suppress and argued to the court that my client’s constitutional rights were violated. The trial court ruled that the evidence was admissible at trial, but the Oregon Court of Appeals reversed the trial court and remanded the case to the trial court for further proceedings. The case was subsequently dismissed. The appeal was handled by the Office of Public Defense Services.

Person Crimes

Case Results

Not Guilty: My client was charged with Attempted Murder, Assault in the First Degree, Assault in the Second Degree, and Unlawful Use of a Weapon. My client shot the victim in the shoulder after the victim assaulted my client. After an extensive investigation, I was able to establish the victim’s history of violence and drug abuse. At trial, I argued that my client’s actions were justified under Oregon’s self-defense laws. Additionally, I was able to establish that the lead detective had made several critical errors at the start of the investigation that tainted the entire prosecution. The jury found my client not guilty of all counts.

Case Dismissed: My client was accused of assaulting his mother-in-law. The mother-in-law also petitioned the court for a restraining order against my client. At the initial hearing, the court upheld the restraining order against my client. During the trial, I impeached the mother-in-law with her previous sworn testimony and caught her lying. The prosecutor dismissed the domestic violence case in the middle of trial. I filed a motion to reconsider the previous ruling on the restraining order and the restraining order was dismissed as well.

Not Guilty: My client was charged with two counts of felony assault, one count of misdemeanor assault, a count of strangulation, and a count of harassment. At trial, I was able to establish that the investigating officers had coached the alleged victim and that the “assaults” were actually an accident. The jury found my client not guilty of all counts of domestic violence.

Not Guilty: My client was charged with felony assault, misdemeanor assault, strangulation, harassment and disorderly conduct. The alleged victim was my client’s estranged wife. At trial, I was able to establish that the alleged victim had lied to the officers about drinking and driving, and that she had pursued the charges in order to gain an advantage in custody proceedings and to get financial assistance from the state. The jury found my client not guilty of all counts of domestic violence.

DUI

Case Results

Not Guilty: My client was contacted by law enforcement on suspicion of DUI. He admitted to drinking, but refused field sobriety tests and a breathalyzer test. At trial, the state presented testimony from two police officers, a campus security officer, and a store clerk. All the state’s witnesses testified that my client was visibly intoxicated. I elicited the following evidence: (1) one of the police officers had offered uncreditable testimony under oath at a recent court hearing, (2) the campus security officer had resigned from the police department under suspicious circumstances, and (3) the store clerk was familiar with law enforcement and made regular reports of suspicious behavior. I also established that the police could have easily obtained a warrant to draw my client’s blood and test for alcohol, but chose not to. The jury found my client not guilty of DUI.

Not Guilty: My client was contacted by law enforcement after leaving a bar. She performed poorly on the roadside tests, but blew under the legal limit. Nevertheless, the state decided to proceed with the prosecution. At trial, I questioned the validity of the roadside tests and established that the police officer had a selective memory of events. The jury found my client not guilty of DUI.

Not Guilty: My client was accused of driving while under the influence of methamphetamine. The police officer obtained a search warrant for my client’s urine, which tested positive for the presence of methamphetamine. At trial, I was able to establish through the state’s expert that methamphetamine will remain in a person’s urine for several days after ingestion. I also showed that the officer had not been entirely accurate in his search warrant affidavit. The jury found my client not guilty of DUI.

Not Guilty: My client admitted to having one beer and refused to provide a breath sample. At trial, the state argued that her performance on the roadside tests was sufficient proof that she was impaired. I established that the roadside tests were difficult to pass and subject to the officer’s interpretation. I also established that the arresting officer had failed to videotape the roadside tests in violation of department policy. The jury found my client not guilty of DUI.

Breath Test Result Suppressed, Case Dismissed: I uncovered a second audio recording that confirmed that my client had requested an attorney after he was arrested. I filed a Motion to Suppress the result of the breath test. The state conceded the motion and the DUI case was subsequently dismissed.

Breath Test Result Suppressed, Case Dismissed: I filed a Motion to Suppress and elicited evidence that my client actually passed the roadside tests and should not have been arrested. The court suppressed the result of the breath test and the DUI case was subsequently dismissed.

Case Dismissed on Former Jeopardy Grounds: My client was charged with DUI on the theory that he was impaired by his prescription medications. In between my client’s first appearance and trial, the state attempted to change the charging instrument and proceed on a theory of alcohol intoxication. However, the state failed to provide the proper notice to me and my client. The first trial was declared a mistrial and the DUI case was subsequently dismissed.

Sex Offenses

Case Results

Not Guilty: My client was charged with eight sex offenses involving two child victims. Under Jessica’s Law and Measure 11, he was looking at up to 75 years in prison. The state had failed to provide a previous interview with one of the victims where she had denied being sexually abused by my client. I forced the state to produce the previous interview during trial. The jury found my client not guilty on seven counts and was deadlocked on the final count. Shortly before the second trial, my client pleaded no contest to a lesser offense and was released from jail.

Not Guilty: My client was charged with a single Measure 11 count for allegedly sexually abusing the daughter of his girlfriend. At trial, I was able to establish that the alleged victim was concerned that my client was going to move the family out-of-state and had a motive to fabricate the allegations. I was also able to use state training records to establish that the investigating officer had significantly exaggerated her experience investigating child sex abuse cases. The jury found my client not guilty of the sex offense.

Case Dismissed: My client was charged with two Measure 11 sex offense counts for allegedly sexually abusing his son and daughter. His estranged wife provided a copy of a naked photograph of the son to the state. The state contended that the photograph corroborated the allegations of abuse. After repeated attempts to obtain the original photograph, I learned that the original photograph was located in the estranged wife’s storage unit. I also learned that the estranged wife had fallen behind on payments for the storage unit. I purchased the contents of the storage unit and located the original photograph. The photograph was examined by a fingerprint expert and he concluded that my client had never handled the photograph. All sex offense charges were dismissed.

Judgment of Acquittal, Case Dismissed: My client was an 18-year-old tutor at a local school. He was accused of sexually touching one of his students. At trial, I established that the state had proceeded on the charges without establishing my client’s true date of birth. Because of the true age difference between my client and the alleged victim, his behavior was not criminal and the court was required to dismiss the sex offense charge.

Case Dismissed: My client was a developmentally disabled resident of a group home. He was charged with attempted rape and attempted sexual abuse. The alleged victim was a resident of the same group home. Over the objection of the county, I obtained the mental health records of the alleged victim which revealed that she had repeatedly made false allegations of sexual assault. All sex offense charges were dismissed.

Other

Case Results

Not Guilty: My client was employed as a bookkeeper for a construction company. Some money went missing and my client was charged with felony theft. At trial, I was able to establish that the company’s deposit book had been altered and that the owner’s wife had motive and opportunity to steal the money. The jury found my client not guilty.

Reversed and Remanded, Case Dismissed: My client was charged with unlawfully taking a deer. At trial, I argued that the case should not have been tried in Jackson County because the deer was taken in Klamath County and my client was a resident of Deschutes County. The trial court rejected my venue argument and found my client guilty. The Oregon Court of Appeals reversed the trial court and remanded the case for further proceedings on the issue of venue. The case was subsequently dismissed. The appeal was handled by the Office of Public Defense Services.