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Nicholas A Heydenrych

Nicholas Heydenrych’s Answers

273 total


  • How can polygraph results effect my case and what should I be aware of. Washington county, OR

    I have 2 years probation, downward departure (2 years), drug package and have been fully compliant so far. Theft felony and possession felony. What kind of questions will be asked and what should I be weary of? What can send me to prison or end in...

    Nicholas’s Answer

    Kenneth is correct. I would add this - refusing to take a polygraph examination is a more serious concern than failing a polygraph test. If you refuse the test, it's likely a direct violation of the terms of your probation (check with your previous attorney to be sure). By comparison, if you fail the test then you have the right to argue about the admissibility of any evidence that would be used against you as a result of that test.

    With respect to individuals on probation, Federal law holds that there are compelling circumstances meriting suppression of evidence where a defendant is asked self incriminating questions, and refusal to answer those questions would constitute a violation of probation. See United States v. Saechao, 418 F.3d 1073 (2005). Citing Minnesota v. Murphy, 465 U.S. 420, 436, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984) with approval.

    Article 1, Section 12 of the Oregon State Constitution holds that no person shall be compelled in any criminal prosecution to testify against himself. Oregon case law affirms the federal analysis articulated in Murphy, and holds that punishing silence, by express or implicit threat, is the proscribed situation. See State v. Tenbusch, 131 Or App 634, 886 P.2d 1077 (1995); State v. Gaither, 196 Or App 131, 100 P.3d 768 (2004). Oregon court case affirms that the analysis is that the statements are compelled where the right to remain silent is punished.

    In other words, don't volunteer additional information, just stick to answering the questions asked. If you're unsure of anything, or you're facing a sanction, lawyer up. Good luck!

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  • Is it legal to give the police permission to monitor resident stays at hotels running business witch standards illegal

    Police monitoring hotel visitors with out warrants exclusive to each party. Running license plates of registered guest, fire alarm video surveillance. Internet monitoring. Etc.

    Nicholas’s Answer

    The answer to your question will depend on a careful review of the facts including the police reports. Even if the state used illegal investigation techniques against you there are still many other factors you should consider when making case decisions. It's complicated. There's no way to get a firm answer using this type of public education forum, and even trying to do so can hurt your case.

    If you have a court appointed attorney and you're unsure of their advice, ask for copies of the police reports and bring those reports to a private attorney for a second opinion. You can often consult for free, and consulting does not commit you to hiring that lawyer for your case. Good luck.

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  • I drink one.beer only on saturday and.i had to do a pee text on.Friday so it was 6day after i.drink one beer well it show possit

    Im.doing a devertion pogram

    Nicholas’s Answer

    The only legal advice that an attorney should be giving you on this question is to stop drinking and comply with your Diversion. You may produce a clean UA this time but eventually the truth will come to light. So quit drinking and honor the terms of the agreement.

    If you fail the terms of the program you will be sentenced to DUII and required to do all the same things as in the Diversion program, plus a mandatory $1,000 fine, $100 conviction fee, and a minimum of two days jail or 80 hours community service. You also will be put at risk of additional sanctions, up to the possible maximum sentence of up to a $6,250 fine and 1 year in jail.

    No amount of beer is worth risking all these consequences. Straighten yourself out and get it together.

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  • Criminal Attorney for a returned check.

    I need a criminal defense attorney to assist me in a returned check that the DA wants to give me 3yrs probation, and 20 days in jail for a $240 returned check. I am a disabled Veteran with terminal Kidney disease. I have paid 1 attorney so far and...

    Nicholas’s Answer

    Apply for a court-appointed attorney. If you qualify a public defender will be appointed to your case.

    Good luck!

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  • I was caught shop lifting and received a citation with a court date. Will this go on my record as an arrest?

    I've had no previous charges, not traffic violations, nothing. The store did not trespass me and the goods were under $50. The officer said something about how I was basically receiving a ticket instead of being taken to jail. Does this still show...

    Nicholas’s Answer

    It's impossible to answer your question without seeing the citation because Theft in the Third Degree can be charged as either a violation or as a criminal offense, and an officer can issue a citation either way. So take your ticket to a criminal defense attorney.

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  • Used a debit card for someone else got in the mail!

    A friend of mine got a debit card for someone else in her mailbox, and she went and activated it and set a password then she checked the balance at the ATM(was big balance) but didn't withdraw any money. Now, she is afraid to call the bank or the...

    Nicholas’s Answer

    Your friend may have liability for identity theft. The state doesn't have to prove that a loss occurred, only that your friend used the identification information of another (e.g., a fake password), with the intend to defraud or deceive (i.e., by pretending she had the right to activate the card).

    So in other words these facts would be sufficient to get before a jury and if that jury follows the law your friend should be convicted.

    In such cases it doesn't usually make a lot of sense to come forward and try to "clear your name" or other such nonsense. Instead your friend should destroy any information she's not supposed to have and stop accessing that account. If she's approached by police or other investigators the only thing she should say is "I don't want to talk to you. I want a lawyer." And then she should say nothing, not consent to any searches, and let her lawyer do ALL of the talking. If she follows these rules she improves her chances.

    Hope this helps.

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  • My boyfriend was arrested with meth and charged with a B & C felony? 500,000 bail? help

    as my question says my boyfriend was arrested with meth nd charged with a B & C felony and has a bail of 500.000 hasnt yet sent to court and its been about 4 days how much time could he be seeing? or any iformation could help

    Nicholas’s Answer

    In theory he could be seeing up to 10 years in prison.

    In practice that is very unlikely, and most felony sentences do not approach the theoretical maximum. The sentence in his case will depend on lots of details not provided like the quantities involved, his criminal history score, whether there were any defects in the police investigation against him, whether there are other pending charges against him, his past performance on probation, whether he qualifies for alternative court programs, whether the DA is feeling generous or aggressive, etc. etc. etc.

    Your boyfriend is going to need a lawyer's help to figure out those issues in his case. He should work closely with his public defender to review all of these issues. If he doesn't feel comfortable with a public defender for whatever reason then he ought to retain a private bar attorney.

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  • What would happen if I left state before my sentencing?

    I have a case pending against me for probation violation( first dui), along with another pending case duii and possession of a control substance (both misdemeanors). I was in the processes of moving out of state. What would happen if I continue w...

    Nicholas’s Answer

    • Selected as best answer

    Running is not going to solve your problems, it's only going to make them worse. Warrants would issue that would prevent you from moving on with your life in your new state.

    Having a warrant issued means: 1) Anytime you're pulled over there's a chance you'll be brought in on the warrant and extradited to Oregon at your expense; 2) You'll likely face difficulty getting new licenses, e.g., driving licenses; 3) You may forfeit rights in your Oregon cases; and 4) When you are inevitably caught, and you will be, your sentence will be worse than if you had stayed and tried to do the right thing.

    Get back into treatment immediately. Stay in good contact with your court appointed lawyer and understand that you alone are responsible for your actions.

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  • Is it standard protocol for police to release a purse,a phone and a vehicle to a friend of someone that has just been arrested?

    I Was pulled over for something that wasn't even illegal and to get to the point of my question i was arrested for possession of meth(.20 of a gram) the arresting officer allowed me to call my boyfriend to come and drive my truck home, when my boy...

    Nicholas’s Answer

    No, it's not standard practice in Oregon. The officer was lawfully using his discretionary authority to be exceptionally nice to you. Bear in mind it's not the officer's fault if it later turned out that your boyfriend was irresponsible with your personal property. On a related note, if for some insane reason you actually wanted your personal property in as evidence you shouldn't have given it away to your boyfriend first.

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  • I'm notprobabtionbut divisionduii in oregon. If I give the court a mailing address, but no physical address, what can happen?

    Can I be held in contempt? Can I be kicked out of division. I'm scared of my safety; I'm a victim of crime and put someone away and when I was arrested for duii they posted my addresss online now I want to move.

    Nicholas’s Answer

    Under Jackson County Diversion rules you must provide your residential address.
    http://courts.oregon.gov/Jackson/Pages/DUIDiversions.aspx

    Failure to do so violates the terms of your Diversion agreement which may get you kicked out of Diversion and convicted of DUII ($1000 fine, 2 days jail or 80 hours community service, etc.).

    If you're concerned for your safety you can apply for a protective order sealing your address information from the public record by making a request per ORS 135.873.

    Do not just take matters into your own hands by concealing information from the Court. Hire an attorney to help you seal you information. They should charge a small flat fee for this service.

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