Wm. Bruce Shepley, Attorney at LawWm. Bruce Shepley, Attorney at Law2024-03-07T18:18:41Zhttps://www.criminalattorneyportland.com/feed/atom/WordPress/wp-content/uploads/sites/1301865/2020/03/cropped-favicon-32x32.pngOn Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471382024-03-07T18:18:41Z2024-03-07T18:18:41Zexceptions to the warrant requirement that may allow the police to enter your home.
The biggest mistakes you can make when the police show up at your home
There are two big mistakes that you can make when law enforcement comes knocking. The first is consenting to a search. As we mentioned, you’re under no obligation to allow the police to enter your home. And unless they have a warrant or a valid exception to the warrant requirement, they can only come in if you agree for them to do so.
You’d be surprised by how many people simply consent to the police entering and searching their home, thereby resulting in the collection of evidence the police need to arrest them and charge them.
The second biggest mistake individuals make when the police show up is answering their questions. You don’t need to talk to the police at all. Remember, you have Constitutional protections against self-incrimination. So, it’s best to keep quiet and avoid interacting with the police until you can discuss the matter with your attorney.
What if you think your rights were violated?
If you think the police have violated your rights in some way, then be sure to discuss it with your attorney. You might be able to use the police’s actions to suppress incriminating evidence, which could put you on the path to beating the prosecution and fully protecting your future.]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471372024-02-21T13:57:01Z2024-02-21T13:57:01Zhold you in custody while they interrogate you.
Either way, you need to be careful with how you interact with law enforcement, as talking to the police can put your criminal defense in dangerous territory. Let’s take a closer look at how the police try to trip you up during this questioning.
Top reasons why you shouldn’t talk to the police
Regardless of how friendly investigators may seem, they’re not your friends. Their goal is to acquire enough information from you to build a winning prosecution. Here are some tactics they might deploy to try to do so:
Lying to you about evidence so that you feel the need to try to explain the situation.
Promising that they’ll go easy on you if you talk to them, despite the fact that they don’t have the power to offer you any kind of plea deal.
Threatening you or your family with arrest or severe criminal charges and harsh penalties if you refuse to talk.
Minimizing the crime in question so that you feel more comfortable talking.
Indicating that your statements are off record when in fact they’re not.
The police have a whole arsenal of tricks that they’ll use to try to get you to talk. Don’t fall for them. Your best bet is to refrain from talking to the police until you’ve had the opportunity to consult with your attorney.
Don’t make a mistake that’s costly to your criminal defense
There are a lot of pitfalls in a criminal investigation. If you step into one of them, then your criminal defense can be completely derailed. Don’t let that happen to you. Consult with your attorney early on so that you can devise a strong defense strategy aimed at protecting your rights and shielding your future.
]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471362024-02-05T22:30:13Z2024-02-05T22:30:13ZHow can a deposition help your criminal defense?
Through the deposition process, you take sworn testimony from witnesses outside of court and prior to trial. Although this process can feel more informal than trial itself, it’s a formal process that has many advantages. This includes:
Locking witnesses into an account of events.
Informing you of what the witness knows so that you can dig deeper into their assertions.
Highlighting inconsistent statements that the witness has made.
You can use information gained through depositions to further build your criminal defense. You might identify opportunities to attack witness credibility, or you could develop an entirely new theory of the case. By further analyzing assertions made during a deposition, you could uncover key facts that put you in a strong defensive position. Additionally, if you subpoena a witness for a deposition and they fail to appear, then you might even be able to block that witness from testifying against you at trial.
Use every criminal defense tactic at your disposal
It’s all hands on deck when you’re facing criminal charges. To protect yourself as much as possible, you need to know what legal strategies you can use and how to effectively implement them into your criminal defense. Once you’ve done so, you’ll hopefully be in a good position to counter the prosecution’s claims and protect your future.]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471342024-01-26T14:17:46Z2024-01-30T14:16:54Zusing self-defense is a possibility in your case, make sure you’re fully analyzing the circumstances surrounding your case so that you know where your argument is strong and where it’s vulnerable.
Do you have questions about using self-defense?
If so, then you should read up on the law so that you know what this defense strategy can and can’t do for you. For example, you might even be able use self-defense as a strategy when someone was threatening your property.
Again, though, these are nuanced arguments that you need to make with care. That’s why it might be best for you to find support from someone who can help you navigate the criminal defense complexities that you’re facing.]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471332024-01-16T13:08:29Z2024-01-16T13:08:29Zautomobile exception to the warrant requirement, Oregon law enforcement officials can search your vehicle without a warrant under certain circumstances. This exception was created in part because there is a lower expectation of privacy in a vehicle than there is in a person’s home.
Additionally, the vehicles’ inherent mobility creates an exigency. In other words, the exception accounts for the fact that it would be impractical to go through the process of getting a warrant to search a vehicle, as the potential evidence could be removed or destroyed in the meantime.
Therefore, law enforcement may search a vehicle without a warrant if:
The vehicle is readily mobile (though, not necessarily in motion at the time); and
The officer has probable cause to believe that the vehicle contains evidence of crime.
However, it is important to note that the scope of the search will be limited to locations where the officer has probable cause to believe evidence would exist. For example, if the officer is searching for evidence of a drug crime and has probable cause to believe the vehicle contains this evidence, he or she will be allowed to search the entire vehicle, including containers inside the vehicle and the trunk. However, searching for
If an officer conducts an unlawful search of your vehicle, any evidence obtained during the search may be excluded from your case entirely. Many defendants have had their charges dropped or their sentences reduced due to their criminal defense strategy of establishing a violation of their Constitutional rights.
]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471322024-01-05T20:13:21Z2024-01-02T20:10:08Zblood alcohol concentration, commonly referred to as BAC.
BAC basics
The most basic definition of BAC is that it is a measure of the amount of alcohol in a person’s bloodstream at any given point in time. Most of our readers know that 0.08% is the “legal limit” for alcohol in the bloodstream for a driver and, if a driver’s BAC is above that legal limit, the driver could be subjected to arrest for DUI. What that 0.08% number means is that there are 0.08 milligrams per deciliter of alcohol for every 100 milliliters of blood.
Now, that is a very scientific sounding explanation for BAC, so how is such scientific evidence collected by a law enforcement official at the scene of a DUI investigation? Well, most commonly, a preliminary detection of a suspect’s BAC level is made with a handheld device, commonly called a breathalyzer. The breathalyzer, if calibrated correctly, can detect a person’s BAC at the moment of the DUI investigation – as long as the suspect is capable of breathing into the machine. Later on, a most sensitive and more powerful BAC detector may be used after the arrest to get a better reading on the BAC.
If you have been arrested for DUI in Oregon, your BAC – and how it was determined – will likely be the key to the ultimate result of your case. Be sure to have your options reviewed to make plans for the best possible criminal defense strategy.]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471312023-12-20T22:23:46Z2023-12-20T22:23:46Zabout objections and how to address them to achieve the desired goal of having the records sealed.
Understanding objections to motions for expungement
When there is an objection to the motion for an expungement, there will be a hearing. During the hearing, the court will listen to arguments for and against granting the motion. Victims will be given the right to make a statement. The court will assess the case and decide whether to allow the records to be expunged.
Key factors that will be assessed include the crime itself, when it occurred, the circumstances under which it was committed, if the person has shown positive behavior since the conviction and that they are not a threat to the safety of the public. The court is limited to considering only criminal behavior and not regulatory or administrative violations. For example, a motor vehicle violation post-conviction will not mean the expungement will be denied.
Although people who have completed their sentence and fulfilled their debt to society should be treated just like anyone else, there might still be a stigma attached to them because of their past conviction. An expungement can clear the path for jobs, education and other goals free from being viewed negatively over criminal issues.
An expungement can be helpful with a person’s future
Expungements can be essential for a person to restart their life after being convicted of a crime, but it is not guaranteed simply by asking for it. If there is an objection, the person will still have the chance to receive an expungement if they adhere to the law and show they are no longer a risk. Knowing the process from the start is imperative. It is wise to be fully prepared to take advantage of the opportunity for a clean state and a new start.
]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471302023-12-12T08:09:26Z2023-12-04T08:08:48ZOregon’s Family Abuse Protection Act, the following people may legally be considered family or household members:
Spouses (current or former).
Related adults (through blood, marriage, or adoption).
Persons who live together (currently or previously).
Parents of a child (unmarried).
People currently in a sexually intimate relationship or who have been in a sexually intimate relationship in the last two years.
In Oregon, domestic violence crimes are typically covered under the state’s assault laws. The elements of an assault may include:
Intentionally, knowingly, or recklessly causing bodily injury to another person;
Intentionally, knowingly, or recklessly causing another person to fear imminent bodily injury; and/or
Threats or force causing another person to engage in involuntary sexual acts.
If you are charged with domestic violence in Oregon, the consequences you face is may vary depending on the severity of the allegations. For example, a first-degree assault, the most serious of all assault charges, could result in 20 years in prison and up to $375,000 in fines.
Fortunately, there are several ways to defend against domestic violence charges. Here are several possible criminal defense strategies:
Denial of allegations: You may deny the allegations by proving that you were not with the alleged victim at the time of the incident or by establishing a solid alibi.
Self-defense: You may allege that you reasonably believed that force was necessary to protect yourself or someone else from imminent harm.
Violation of your constitutional rights: If police performed an unlawful search for evidence, failed to read you your Miranda rights before questioning you while you were in police custody, or failed to allow you to speak to an attorney when you requested one, the police may have violated your constitutional rights. A violation of constitutional rights could result in the suppression of evidence against you, or your charges being reduced or dropped.
The strategy used to defend you will be tailored to fit the facts of your specific case.
]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471292023-11-24T13:57:35Z2023-11-16T13:54:30ZPenalties
The specific penalties may vary, but generally for a first offense, you may be required to complete jail time and community service, pay fines, face a driver’s license suspension for one year and complete a diversion program.
For a second offense, you may face longer jail time, higher fines and your vehicle may have to be equipped with an ignition interlock device. For third offenses or more, you could be charged with a felony and a lengthy prison sentence.
Defenses
There may be several defenses available to you. You can challenge the stop if the police officer did not have a valid reason to pull you over. You can also challenge the reliability of the field sobriety test you were given.
If you have a medical condition that affected your driving, you may be able to use that as a defense. Similarly, certain medications can make it seem that you were impaired when you were not.
If you can prove that the breathalyzer test was inaccurate due to a maintenance issue or a defect, that may help your defense, as well as if you can prove that your BAC was not at or over the legal limit. If there were witnesses to the incident, their testimony can help if it contradicts the police officer’s report.]]>On Behalf of Wm. Bruce Shepley, Attorney at Lawhttps://www.criminalattorneyportland.com/?p=471282023-11-07T20:49:33Z2023-11-02T19:28:29Zscandal within Oregon's criminal justice system.
The right to counsel
The Sixth Amendment to the U.S. Constitution provides that every criminal defendant has the right to a lawyer to help with their defense. Sixty years ago, in the important case Gideon v. Wainwright, the U.S. Supreme Court held that this Sixth Amendment protection means the states must provide a lawyer for defendants who cannot afford one.
The Gideon decision spurred the creation of public defenders' offices throughout the country, but states have long struggled to maintain these offices and live up to their obligations to indigent defendants.
Oregon has struggled with the problem for years. According to the Oregon Judicial Department, more than 100 people are in the state's jails without representation by a lawyer. A huge number of other defendants have been released from jail but are still unrepresented because Oregon has been unable to provide them with lawyers.
Earlier this year, lawmakers passed a law that promises a sweeping reform of the state's criminal justice system. It may help the problem, but it could take years before its effects are apparent.
Criminal defense
Oregon's criminal defense system is difficult on its best days, and the good days are few and far between for criminal defendants. Most public defenders are dedicated professionals who are working hard to provide their clients with competent criminal defense, but they are overworked and underpaid and they don't have anything near the level of resources they need.
To guard their rights and protect their futures, those who are accused of crimes must have the best criminal defense they can get.]]>