Experienced Oregon Criminal and DUII Defense Lawyer

Monthly Archives: February 2015

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Experienced Eugene Oregon Criminal & Drunk Drivng Defense Lawyer on Conditional Discharge Dismissal

Call Now for an Appointment – 541.345.4500

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Call the Duvall Law to schedule an appointment to discuss your Oregon criminal or DUII case:  541.345.4500.

Oregon law contains a provision that allows, under limited circumstances, the court to dismiss certain charges if the accused successfully completes a term of probation.  The process is called a “conditional discharge.”  Here is the statutory language allowing a Conditional Discharge dismissal:

ORS 137.533
Probation without entering judgment of guilt

(“1) Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), the court may defer further proceedings and place the person on probation, upon motion of the district attorney and without entering a judgment of guilt, if the person:

(a) Consents to the disposition;

(b) Has not previously been convicted of any offense in any jurisdiction;

(c) Has not been placed on probation under ORS 475.245 (Conditional discharge);

(d) Has not completed a diversion under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement); and

(e) Agrees to pay a fee equal to $100. The person must pay the amount within 90 days of imposition unless the court allows payment at a later time.

(2) A district attorney may submit a motion under subsection (1) of this section if, after considering the factors listed in subsection (3) of this section, the district attorney finds that disposition under this section would be in the interests of justice and of benefit to the person and the community.

(3) In determining whether disposition under this section is in the interests of justice and of benefit to the person and the community, the district attorney shall consider at least the following factors:

(a) The nature of the offense. However, the offense must not have involved injury to another person.

(b) Any special characteristics or difficulties of the person.

(c) Whether there is a probability that the person will cooperate with and benefit from alternative treatment.

(d) Whether an available program is appropriate to the needs of the person.

(e) The impact of the disposition upon the community.

(f) Recommendations, if any, of the involved law enforcement agency.

(g) Recommendations, if any, of the victim.

(h) Provisions for restitution.

(i) Any mitigating circumstances.

(4) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon the persons fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. A discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may be discharged and have proceedings dismissed only once under this section.

(5) Subsections (1) to (4) of this section do not affect any domestic violence sentencing programs.”

The Duvall Law Office is based in Eugene, Oregon, but serves the entire state of Oregon in addition to the Eugene / Springfield area.  This includes, Corvallis, Albany and Roseburg, regarding every criminal charge from Measure 11 offenses, to domestic violence crimes, to drunk driving (DUII / DUI / Driving Under the Influence and DUII Diversion programs) to Shoplifting.  Call us now to schedule an appointment: 541.345.4500.

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Eugene Oregon Criminal & DUII Defense Lawyer Measure 11 Domestic Violence Drunk Driving Diversion

Call Now for an Appointment – 541.345.4500

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Call the Duvall Law Office to schedule an appointment to discuss your case: 541.345.4500.

We are available to assist you with all criminal matters within the State of Oregon from Measure 11 offenses (Manslaughter, Sexual Abuse in the First Degree, Robbery, Assault in the First and Second Degree), to domestic violence offenses (Menacing, Assault, Harassment, Strangulation, Coercion), to driving offenses (Drunk Driving – aka DUII / DWI / Driving Under the Influence, Reckless Driving, Recklessly Endangering Another Person, Hit and Run, Attempting to Elude), all the way down to Shoplifting (Theft in the Third Degree).

We regularly assist those charged with Drunk Driving (DUII) with entering the Oregon Driving Under the Influence of Intoxicants Diversion Program.

The Oregon that allows DUII diversion reads as follows:

Oregon Revised Statute – ORS 813.200

“Notice of availability of diversion

(1) The court shall inform at arraignment a defendant charged with the offense of driving while under the influence of intoxicants as defined in ORS 813.010 (Driving under the influence of intoxicants) or a city ordinance conforming thereto that a diversion agreement may be available if the defendant meets the criteria set out in ORS 813.215 (Eligibility for diversion) and files with the court a petition for a driving while under the influence of intoxicants diversion agreement.

(2) The petition forms for a driving while under the influence of intoxicants diversion agreement shall be available to a defendant at the court.

(3) The form of the petition for a driving while under the influence of intoxicants diversion agreement and the information and blanks contained therein shall be determined by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses). The petition forms made available to a defendant by any city or state court shall conform to the requirements adopted by the Supreme Court.

(4) In addition to any other information required by the Supreme Court to be contained in a petition for a driving while under the influence of intoxicants diversion agreement, the petition shall include:

(a) A plea of guilty or no contest to the charge of driving while under the influence of intoxicants signed by the defendant;

(b) An agreement by the defendant to complete at an agency or organization designated by the city or state court a diagnostic assessment to determine the possible existence and degree of an alcohol or drug abuse problem;

(c) An agreement by the defendant to complete, at defendants own expense based on defendants ability to pay, the program of treatment indicated as necessary by the diagnostic assessment;

(d) Except as provided in subsection (5) of this section, an agreement by the defendant to not use intoxicants during the diversion period and to comply fully with the laws of this state designed to discourage the use of intoxicants;

(e) A notice to the defendant that the diversion agreement will be considered to be violated if the court receives notice that the defendant at any time during the diversion period committed the offense of driving while under the influence of intoxicants or committed a violation of ORS 811.170 (Violation of open container law);

(f) An agreement by the defendant to keep the court advised of the defendants current mailing address at all times during the diversion period;

(g) A waiver by the defendant of any former jeopardy rights under the federal and state Constitutions and ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) in any subsequent action upon the charge or any other offenses based upon the same criminal episode;

(h) A sworn statement, as defined in ORS 162.055 (Definitions for ORS 162.055 to 162.425), by the defendant certifying that the defendant meets the criteria set out in ORS 813.215 (Eligibility for diversion) to be eligible to enter into the driving while under the influence of intoxicants diversion agreement;

(i) An agreement by the defendant to pay court-appointed attorney fees as determined by the court; and

(j) An agreement by the defendant to pay restitution if ordered by the court under ORS 137.108 (Restitution when defendant has entered into diversion agreement).

(5) A person may use intoxicants during the diversion period if:

(a) The person consumes sacramental wine given or provided as part of a religious rite or service;

(b) The person has a valid prescription for a substance and the person takes the substance as directed; or

(c) The person is using a nonprescription drug, as defined in ORS 689.005 (Definitions), in accordance with the directions for use that are printed on the label for that nonprescription drug.”

Call the Duvall Law Office to schedule an appointment to discuss your case. We are based in Eugene, Oregon, and practice throughout the Eugene / Springfield area. We also represent people in Corvallis, Albany and Roseburg.

Call us: 541.345.4500.

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Experienced Eugene Oregon Measure 11 Defense Lawyer / Attorney

Call Now to Schedule and Appointment: 541.345.4500

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The Duvall Law Office is located in Eugene, Oregon, and regularly represents those charged under Oregon Ballot Measure 11.   Measure 11 offenses are listed in Oregon Revised Statute (or ORS) 137.700. They include the following:

Murder, requiring that the court impose at least a 300 month prison sentence.

Attempted or Conspiracy to Commit Aggravated Murder, which carries with it a mandatory minimum 120 month prison sentence.

Attempted or Conspiracy to Commit Murder, which carries with it a mandatory minimum 90 month prison sentence.

Manslaughter in the First Degree (sometimes charged in drunk driving cases where the individual charged with drunk driving is accused of causing the death of another) which carries with it a mandatory prison sentence of 120 months.

Manslaughter in the Second Degree (more commonly charged in drunk driving death cases than Manslaughter in the First Degree) which carries with it a 75 month prison sentence.

Assault in the First Degree (again a charge that we do see in DUII cases in Oregon) which carries with it a 90 month prison term.

Assault in the Second Degree (again a charge that we see regularly in drunk driving accident cases) which carries with it a mandatory minimum prison sentence of 70 months.

Certain Kidnapping in the First Degree cases, which carry a 90 month prison sentence.

Kidnapping in the Second Degree, which carries a 70 month prison sentence.

Rape in the First Degree, which has a 100 month minimum prison sentence.

Rape in the Second Degree, which requires the court to impose a mandatory minimum sentence of 75 months.

Sodomy in the First Degree with same mandatory minimum sentence as Rape in the First Degree of 100 months in prison.

Sodomy in the Second Degree with the same minimum sentence of Rape in the Second Degree of 75 months in prison.

Unlawful Sexual Penetration in the First Degree carries a 100 month prison sentence.

Unlawful Sexual Penetration in the Second Degree carries a 75 month mandatory minimum sentence.

Sexual Abuse in the First Degree which carries a 75 month mandatory minimum sentence.

Robbery in the First Degree carries a 90 month mandatory minimum prison sentence.

Robbery in the Second Degree carries a 70 month prison sentence.

Arson in the First Degree carries a mandatory minimum sentence of 90 months in prison.

Using a Child in a Display of Sexually Explicit Conduct carries a mandatory minimum prison sentence of 70 months.

Compelling Prostitution carries a 70 month mandatory minimum prison sentence.

Rape in the First Degree involving a child below a certain age carries a mandatory minimum prison sentence of 300 months in prison.

Sodomy in the First Degree, again with a victim below a certain age, carries a 300 month mandatory minimum prison sentence.

Unlawful Sexual Penetration in the First Degree, where the victim is below a certain age, carries a mandatory minimum sentence of 300 months in prison.

Kidnapping in the First Degree when it is committed in furtherance of a number of other Measure 11 crimes carries with it a mandatory minimum prison sentence of 300 months in prison.

Aggravated vehicular homicide as defined in ORS 163.149 carries with it a 240 month mandatory minimum prison sentence.

Virtually all of these sentences must be imposed, and by the Oregon court if the individual is convicted and must serve the entire sentence with no time off for good behavior.

The Duvall Law Office is based in Eugene, Oregon. It represents individuals charged with all Oregon crimes (including Measure 11 offenses), across the spectrum to driving under the influence of intoxicants (both felony duii and misdemeanor duii – aka drunk driving or DUI), throughout the Eugene / Springfield, Oregon area, and also individuals charged with offenses throughout the state of Oregon. We regularly appear in Lane County Circuit Court in Eugene, Eugene Municipal Court, and Springfield Municipal Court. However, we often handles matters in Junction City, Cottage Grove, Coburg, and the surrounding towns, cities and circuit courts. These include Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany and Douglas County Circuit Court in Roseburg. If you would like to schedule an appointment to discuss your felony or misdemeanor case, whether it involves a general criminal allegation, Measure 11 charge, or a drunk driving type of offense, please feel free to contact the office and schedule an appointment: 541-345-4500.

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Eugene Oregon Hardship Driver’s License Criminal & DUI Defense Lawyer

Call Now for an Appointment – 541.345.4500

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One of the issues that Oregon drunk driving lawyers discuss with their clients on a regular basis is occupational driving permits or hardship driver’s licenses which may be available to someone convicted of an Oregon DUI. In an earlier posting, I discussed what are referred to as Oregon implied consent suspensions as well as Oregon driver’s license suspensions associated with DUI drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DWI) convictions. Waiting periods before one is eligible for a hardship permit related to an Oregon implied consent suspension can range from 30 days to three years. The length of the waiting period before one is eligible for an Oregon hardship license or Oregon occupational license (they are the same thing), are usually a portion or, in some cases, the entirety, of an implied consent suspension. On one end, if someone who fails a breath test on an Intoxilyzer 8000 has no history in the last five years, the wait period should be 30 days. However, if one has something in their history during the last five years and refuses to provide a breath sample during the breath testing process of the Intoxilyzer 8000, the suspension is three years, and there is no hardship or occupational license available during that entire time.

 

The Duvall Law Office counsels individuals on the availability and process of obtaining an Oregon hardship drivers license, and/or an Oregon occupational driver’s license. Most of the communication needs to be between the drunk driving client and the Oregon Department of Motor Vehicles, but we do help them along the way.

 

The Duvall Law Office represents individuals charged with all criminal offenses throughout the state of Oregon. These criminal charges include everything from Measure 11 offenses, to domestic violence or domestic abuse type charges, to sexual offenses including sexual abuse, rape, sodomy, and child abuse, all the way down to Class C Misdemeanors such as shoplifting. Of course, a significant percentage of our work is representing individuals accused of drunk driving ((aka, Driving Under the Influence of Intoxicants, DUII, DWI), and we do so in all courts including Lane County Circuit Court in Eugene, Eugene Municipal Court, Springfield Municipal Court, in Corvallis at Benton County Circuit Court, in Albany at Linn County Circuit Court, and Roseburg at Douglas County Circuit Court. We also operate in all municipal courts and justice courts. If you would like to schedule an appointment to discuss your case, please contact our office: 541-345-4500.

 

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Experienced Eugene Oregon Criminal & Drunk Driving Lawyer / Attorney Expert at DUII Diversion Eligibility

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Most people in Oregon charged with drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DUI, DWI), who are eligible for Oregon’s DUII diversion program, are interested in participating in it. Oregon’s drunk driving diversion program results in the DUII charge being dismissed after successful completion of the program. One of the eligibility requirements that one must meet for the court to allow one into this DUII program is that the person charged with drunk driving must not have participated in a DUII diversion program or a similar rehabilitative program within the last 15 years. This raises the question, what is a “similar program” as referred to in the Oregon Revised Statutes? The Oregon Court of Appeals in a case called State v. Bentley, addressed this issue in 2010. In that case, the Oregon Court of Appeals stated: “[W]e conclude that an essential characteristic of DUII diversion is that a defendant is required by a governmental actor to participate in a rehabilitation program in order to avoid a substantial adverse consequence.” This presupposes that one is able to identify whether a prior program was a “rehabilitation” program. It also presupposes that one is able to distinguish an adverse consequence from a “substantial adverse consequence.” Oregon criminal defense lawyers who represent people charged with the crime of Driving Under the Influence of Intoxicants, regularly grapple with these, and other similar questions. However, because the Oregon DUII diversion program provides a client with such a significant benefit, it is worth the time and effort to confirm whether one is eligible to resolve their drunk driving case in this manner.

 

The Duvall Law Office represents individuals charged with all criminal offenses throughout the state of Oregon. This includes charges as serious as Measure 11 offenses, and charges as slight as Class C misdemeanors. We represent individuals charged with both Felony DUII and Misdemeanor DUII, as well as related offenses. Our office also has considerable experience representing people accused of Domestic Violence and Domestic Abuse charges (Assault, Menacing, Harassment, Stalking, Strangulation, Coercion). Please contact our office if you would like to schedule an appointment to discuss your case. We appear regularly in Lane County Circuit Court, Eugene Municipal Court and Springfield Municipal Court. We appear quite often in Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, and Douglas County Circuit Court in Roseburg. We also regularly appear in the surrounding communities of Cottage Grove, Florence, Junction City and Coburg. Please contact our office at 541-345-4500.

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Eugene Oregon Criminal and Drunk Driving Lawyer Explains How Domestic Abuse Can Lead to DUII Charge

Blog Logo FinalIMG_6574It is not uncommon that someone flees a domestic abuse (domestic violence) event while he or she is under the influence of intoxicants.  This can lead to the person being charged with drunk driving (aka DUII, DUI, DWI, Driving Under the Influence of Intoxicants, Driving While Intoxicated.  If the person charged is consider the victim of domestic violence, then he, or more likely, she may attempt to claim the defense of “Choice of Evils,” but that is difficult.  A choice of evils defense applies when their is no reasonable alternative to breaking the law, here, driving under the influence of intoxicants (drunk driving).  If the DUI arrestee is considered the perpetrator of domestic violence (domestic abuse), then in addition to the drunk driving charge, the person may also be defending himself against one of many domestic abuse type charges.  These include Assault, Harassment, Menacing, Strangulation, Coercion – and even Kidnapping.  Some domestic violence charges are so serious that they fall under the list of criminal offenses with mandatory minimum sentences, under the Oregon Measure 11 law.

The Oregon criminal and drunk driving defense  firm, the Duvall Law Office, based in Eugene, Oregon, regularly represents people accused of Oregon domestic violence charges, including those listed above (Menacing, Harassment, Assault, Coercion, Strangulation) and Measure 11 offenses, in addition to any felony DUI or misdemeanor DUI charges which are related to the domestic abuse accusations.  While the law office is  based in Eugene, Oregon, and regularly represents people charged in Lane County Circuit Court in Eugene, Eugene Municipal Court, Springfield, Oregon, Municipal Court, Junction City Municipal Court, Cottage Grove Municipal Court, it also practices in Corvallis, Albany, Roseburg, Florence, and throughout the state of Oregon.  If you are charged with a felony Drunk Driving, misdemeanor Drunk Driving, or domestic abuse charge anywhere in Oregon, please contact the Duvall Law Office to schedule an appointment to discuss your case: 541.345.4500.

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Eugene Oregon Measure 11 Criminal & Drunk Driving Lawyer / Attorney Experienced Throughout the State of Oregon

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An Oregon drunk driving lawyer or attorney representing someone charged with causing a drunk driving (aka DUII, DUI, DWI, Driving Under the Influence of Intoxicants, Driving While Intoxicated) accident where someone is injured to also need to defend the accused of related assault charges.  These assault charges can rise to the level of what are referred to in Oregon as Measure 11 offenses.  These “Measure 11” offenses can include Assault in the First Degree and Assault in the Second Degree.  Both Assault 1 and Assault 2 carry long mandatory prison sentences with not time off for good behavior.

Oregon Law Defines Assault in the First Degree as follows:

Assault in the first degree

“(1) A person commits the crime of assault in the first degree if the person:

(a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;

(b) Intentionally or knowingly causes serious physical injury to a child under six years of age;

(c) Violates ORS 163.175 (Assault in the second degree) knowing that the victim is pregnant; or

(d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:

(A) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

(B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and

(ii) The victims death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

(2) The previous convictions to which subsection (1)(d)(B) of this section apply are:

(a) Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree);

(b) Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree);

(c) Criminally negligent homicide under ORS 163.145 (Criminally negligent homicide);

(d) Assault in the first degree under this section;

(e) Assault in the second degree under ORS 163.175 (Assault in the second degree); or

(f) Assault in the third degree under ORS 163.165 (Assault in the third degree).

(3) Assault in the first degree is a Class A felony.

(4) It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.”

And Assault in the Second Degree:

ORS 163.175
Assault in the second degree

“(1) A person commits the crime of assault in the second degree if the person:

(a) Intentionally or knowingly causes serious physical injury to another;

(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

(2) Assault in the second degree is a Class B felony.”

The Duvall Law Office represents those accused of all Measure 11 offenses throughout the Oregon, including cases where someone is also charged with felony drunk driving (aka DUII, DUI, DWI, Driving Under the Influence of Intoxicants, Driving While Intoxicated) and misdemeanor drunk driving.  This includes all Oregon circuit courts (including in Albany – Linn County, Corvallis – Benton County, Eugene / Springfield – Lane County and Roseburg – Douglas County) as well as all municipal courts, including Eugene, Springfield, Junction City, Cottage Grove, Coburg, Corvallis, Albany, and Roseburg, and justice courts.  If you charge charged with a Measure 11 offense, whether or not it is accompanied by a felony or misdemeanor DUI charge, call to schedule an appointment to discuss your case:  541.345.4500.

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Eugene Oregon Criminal, Reckless Driving, Drunk Driving Lawyer

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Reckless Driving is a crime. The maximum penalty for a Reckless Driving conviction is one year in jail and a $6,250 fine. It is also accompanied by a mandatory 90 day Oregon driver’s license suspension. A Careless Driving conviction is not a crime, it is a traffic violation. One cannot be put in jail for being convicted of Careless Driving, and there is no usually no automatic driver’s license suspension. There are circumstances in which a Careless Driving conviction can result in a suspension, but generally speaking, it is not something that the court is required to impose after a Careless Driving conviction. The term “recklessly” is defined in Oregon law in ORS 161.085(9). The definition reads as follows: “Recklessly, when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”

Oftentimes an attorney representing someone on a drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DWI) charge is able to negotiate with the prosecutor to dismiss or reduce a charge of Reckless Driving or Careless Driving. Additionally, in certain courts, the prosecutor might be persuaded to allow the individual to do a diversion agreement which would allow those charges to be dismissed if they accompany a DUII. Such a diversion might run alongside an Oregon DUII Diversion Agreement.

The Duvall Law Office regularly represents individuals charged with Reckless Driving and Careless Driving. Oftentimes these are accompanied by a drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DWI) charge, other times, they are simply filed on their own. It is important to hold the prosecution to the standard that must be established beyond a reasonable doubt if one is accused of the crime of Reckless Driving. We aim to do that. We represent individuals on felony DUII and misdemeanor DUII as well as related charges including Reckless Driving, Reckless Endangering Another Person, Reckless Endangerment, Hit and Run, Failure to Perform the Duties of a Driver Involved in an Accident, and related accompanying charges on a regular basis. We appear frequently in Lane County Circuit Court, Eugene Municipal Court, Springfield Municipal Court and other municipal courts in the area including those in Cottage Grove, Florence, Coburg and Junction City. And we appear in Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, and Douglas County Circuit Court in Roseburg. Please contact our office if you would like to schedule an appointment to discuss your case: 541-345-4500.

 

 

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Eugene Oregon DUII Diversion Eligibility Lawyer / Attorney

 

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The Oregon Supreme Court stated in State v. Standerfer: “The state cannot use an invalid prior conviction in a subsequent prosecution if to do so would lead to a disposition of the subsequent offense less favorable to defendant than that which would obtain in the absence of the prior invalid conviction. Thus, an invalid prior conviction may not be used to support guilt or enhance punishment in a subsequent criminal proceeding.” This would include a prior drunk driving conviction or anything derived from that DUI conviction being used as an impediment to someone entering into an Oregon DUII diversion program. An Oregon DUII criminal defense lawyer can use the Oregon Supreme Court’s decision in Standerfer to evaluate whether someone may still be eligible for Oregon’s Driving Under the Influence of Intoxicants (drunk driving) diversion program even though it may appear that the person has a prior DUI conviction within the last 15 years. If the lawyer can make the case to the court that the prior DUI conviction was an invalid, uncounseled conviction where the defendant did not make a knowing and intelligent decision to waive his right to have an attorney assist him in that case, it may be possible for that individual to still be eligible for Oregon’s DUII diversion program.

Oregon appellate courts prefer that trial judges ensure a knowing and voluntary waiver of a right to an attorney in a manner as they set forth in State v. Meyrick, back in 1992:

“A colloquy on the record between the court and the defendant wherein the court, in some fashion, explains the risks of self-representation is the preferred means of assuring that the defendant understand[s] the risks of self-representation.”

The Duvall Law Office represents individuals throughout the state of Oregon charged with felony and misdemeanor criminal charges, including felony DUIIs (drunk driving) and misdemeanor DUIIs. Our office is located in Eugene, Oregon, but we represent criminal and DUII defendants in Lane County Circuit Court in Eugene, Oregon, Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, Douglas County Circuit Court in Roseburg, as well as the various municipal courts including Eugene Municipal Court, Springfield Municipal Court, Junction City Municipal Court, Cottage Grove Municipal Court, Florence Municipal Court, Coburg Municipal Court, and other municipal and justice courts throughout the region. Please contact our office if you would like to schedule an appointment to discuss your case: 541-345-4500.

 

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Eugene Oregon Illegal Search Criminal Defense & DUI (drunk driving) Lawyer / Attorney Experienced

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Whether a criminal and/or DUI (aka, Driving Under the Influence of Intoxicants, DUII, DWI or more commonly called “drunk driving”) defense lawyer is representing a client on a misdemeanor or a felony charge, that lawyer is always on the lookout for any illegal search and/or seizure conducted by the police. The criminal defense lawyer begins by looking at the initial traffic stop (if there is one) or other initial stop of the client (again, if there is one) by a police officer, and whether or not the officer’s procedure in contacting or otherwise stopping the client and then conducting any type of search and/or seizure was done in a lawful manner. The Oregon Constitution provides Oregon residents with protections which are in addition to the United States Constitution. So in addition to the Fourth Amendment protections, an Oregon resident also has the protections of Article 1, Section 9 of the Oregon Constitution which prohibit illegal and/or unreasonable search or seizure.

 

If an Oregon criminal defense attorney identifies what appears to be an illegal search and/or seizure involving the client, that Oregon defense lawyer can file a motion to suppress the evidence which was illegally obtained from the client. If a court ultimately rules that the search and/or seizure conducted by the police was in fact unlawful, then not only is the prosecutor forbidden from using that evidence against the client in during the criminal trial and forbidden from presenting it to a jury, any evidence obtained by the police as a result (something we call “fruit of the poisonous tree”) is also forbidden from being presented to the jury and used against the client by the government.

 

The Duvall Law Office is based in Eugene, Oregon. But we represent criminal and/or DUI (aka, Driving Under the Influence of Intoxicants, DUII, DWI or more commonly called “drunk driving”) clients throughout the state. We represent clients charged with offenses in Lane County Circuit Court, Eugene Municipal Court and Springfield Municipal Court, and in the surrounding cities of Junction City, Cottage Grove, Florence, Coburg and others. We also represent clients in Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, and Douglas County Circuit Court in Roseburg. If you would like to discuss your criminal and/or DUI (aka, Driving Under the Influence of Intoxicants, DUII, DWI or more commonly called “drunk driving”) case, please contact our office to schedule an appointment at: 541-345-4500.