Nicholas A Heydenrych’s Answers

Nicholas A Heydenrych

Beaverton Criminal Defense Attorney.

Contributor Level 12
  1. Does the DA have to give me a police report of my DUI before my court date if I ask for one?

    Answered almost 2 years ago.

    1. Nicholas A Heydenrych
    2. Robert Glenn Crow
    3. Troy Austin Pickard
    4. Jeffrey S Siefman
    5. Donald J Molnar
    5 lawyer answers

    You're entitled to all discovery once you've been charged, so yes you should have the police reports before any court date besides arraignment. If you're representing yourself, you can get the discovery directly from the DA's office. Really all that should involve is paying for copying costs. If you are represented by an attorney, your attorney should get the reports for you. If you don't get the police reports in advance of your hearing, you should tell the judge that you've been trying to get...

    9 lawyers agreed with this answer

  2. What is the best defense for someone being wrongly accused of rape 3 when they are innocent?

    Answered over 2 years ago.

    1. Nicholas A Heydenrych
    2. John E. Schlosser
    3. N David Shamloo
    4. Eric Jerome Gold
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    Your son needs to speak to an experienced criminal defense attorney immediately. Defending a case like this is too complicated to discuss via this forum, and should conversations should occur in private. Meanwhile, most of your information is not helpful: If she was a minor, she was legally incapable of giving consent. If her parents gave permission for him to date her, that's irrelevant. If the victim or her family doesn't want the charges to stick, that's also irrelevant. If your son...

    9 lawyers agreed with this answer

  3. DUII test results variation

    Answered almost 3 years ago.

    1. Richard E Oberdorfer
    2. Nicholas A Heydenrych
    3. Mitchell Scott Sexner
    4. Wayne E. Brucar
    4 lawyer answers

    In my opinion, no. The Intoxilizer 8000 always takes two samples. The reason it does so is to account for the possible variances in breath moisture, force, etc. A 0.03 difference between blows is somewhat unusual, but either way you were way over the .08 limit at the time of the blow, and it's going to be difficult for your defense attorney to argue that your BAC rose .12 % or more between the time of driving and the time of the blow. That said, I would recommend that you listen to Mr....

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  4. DUI in Colorado. Moved to Oregon

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Bruce Tarbox
    3. Nicholas A Heydenrych
    4. Henry David LeSueur
    4 lawyer answers

    Ethically lawyers can only give legal advice regarding state law for states that they are licensed to practice in. In other words you have to ask a lawyer licensed to practice in Colorado, not Oregon. Good luck!

    7 lawyers agreed with this answer

  5. Its been 6 weeks since my DUII class was supposed to start and I have been off the map. What do I have to look forward to now?

    Answered over 1 year ago.

    1. Ian Jeffrey Slavin
    2. Nicholas A Heydenrych
    3. Karen J Mockrin
    4. Bruce Tarbox
    5. Henry David LeSueur
    5 lawyer answers

    You may or may not be in trouble in the first place. Even if you are, it sounds to me like you still have time to complete the program so unless you've committed other crimes there's probably still hope for your case. The first thing to do is call the evaluation services office of the county that you were sentenced in and let them know your situation. This is a helpful move for several reasons - if you're on warrant status it's possible they may instead cite you for an appearance instead of...

    6 lawyers agreed with this answer

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  6. At the time of my sentencing the state was given 90 to prepare my restiution.

    Answered over 2 years ago.

    1. Nicholas A Heydenrych
    2. Edward T LeClaire
    3. Ian Thomas Valkenet
    4. Michael Douglas Shafer
    4 lawyer answers

    If the state does not complete a request for restitution within 90 days of your sentencing then you won't have to pay restitution. I have never seen the state get an extension, but it is technically possible upon a showing of "good cause." For a good explanation of "good cause" see State v. Murrell, http://www.publications.ojd.state.or.us/docs/A142010.htm These are the type of questions your trial attorney should have been answering for you.

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  7. What should I expect after leaving the store and somebody followed me?

    Answered over 2 years ago.

    1. Nicholas A Heydenrych
    2. Kevin J Tillson
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    First of all, you should never post about the facts of a case online. This is a public forum. Second, what could happen is that the men, who are probably loss prevention officers, could report your license plate number to the police, who will then attempt to talk to you about the shoplifting. The only thing you should say is "I do not want to talk to you. I want an attorney appointed to represent me." From there you should say nothing. Even if they have enough to arrest you, you can still make...

    6 lawyers agreed with this answer

  8. What can I expect from a DUII "Show Cause Hearing"?

    Answered almost 3 years ago.

    1. Emily M. Oberdorfer
    2. Nicholas A Heydenrych
    3. Sarah Lynn White
    3 lawyer answers

    The court will give you an opportunity to admit or deny the violation of your probation. If you're accused of violating probation for having committed a new crime, you or your lawyer should deny the violation and set the matter to track with the new case. If you admit to violating your probation it can hurt your defense in the new case. If you deny the violation for any other reason the court should set the matter for a contested hearing where the state would have to prove that the...

    6 lawyers agreed with this answer

  9. If a couple wanted to get married but the man is a sex offender and the women is pregnant with child can he be around the child?

    Answered almost 3 years ago.

    1. Nicholas A Heydenrych
    2. Joanne Reisman
    3. Miranda Shanell Summer
    4. Brian S Wayson
    5. Mary Katherine Brown
    5 lawyer answers

    Yes, but there are a couple of details. I'm going to call the man "SO" for convenience here. First, if the SO is still on probation he needs to disclose the identity of his new partner to his probation officer, who then has the duty to disclose the SO's sex crime to the new partner. If SO fails to do this it's a violation of his probation and he can be arrested for it. Second, the SO will need his probation officer's written permission to be in the presence of the newborn. Verbal...

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  10. I was assaulted by an attorney who wormed his way into our valuable family assets and real estate holdings.Conflict of interest?

    Answered over 3 years ago.

    1. J Christopher Minor
    2. Nicholas A Heydenrych
    3. Kevin Elliott Parks
    4. Joanne Reisman
    4 lawyer answers

    I will limit my answer to the ethics aspects only since others have commented on the potential civil, criminal, and regulatory remedies. Unless certain specific conditions are met, it is a conflict of interest for an attorney to participate in a business transaction with a current client. Oregon Rule of Professional Conduct 1.7 requires that: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and...

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