Joshua Pond’s Answers

Joshua Pond

Portland Criminal Defense Attorney.

Contributor Level 13
  1. When exactly does a cop need to explain my Miranda Rights?

    Answered about 2 years ago.

    1. Joshua Pond
    2. Richard E Oberdorfer
    3. Christopher S Ison
    4. Macy Michelle Jaggers
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    I agree with what my colleagues have said here and would only add one thing, as it is specific to Oregon. Unlike some other states, Oregon has a law on the books that says a DUII charge cannot be reduced. In other words, if you were charged with DUII in Oregon, then the only options are beat it at trial, plead guilty (or no contest) to it or somehow get it dismissed. That's it. There's no such thing as reducing DUII to, say, Reckless Driving here.

    13 lawyers agreed with this answer

  2. Oregon dui interlock "fail"

    Answered 10 months ago.

    1. Joshua Pond
    2. Karen J Mockrin
    3. Damien S Donnelly-Cole
    3 lawyer answers

    What you need is to get an experienced attorney on this asap. 'Fails' often lead to a show cause motion being filed, which means you will need to appear in court to show the court why they shouldn't revoke your diversion. Revocation would be a travesty. Not only does it mean awful things like jail, fines, probation and a license suspension, it is also a non-expungable offense, which means that DUII conviction will be on your record forever. Don't let this happen. Experienced attorneys should be...

    12 lawyers agreed with this answer

  3. I passed my random drug test can I be tested again days later

    Answered over 1 year ago.

    1. Joshua Pond
    2. Jay Bodzin
    3. Robert Jason De Groot
    3 lawyer answers

    Well, it depends. Who was testing you and why? Was this as part of a treatment program? Was it part of your probation or post-prison supervision? Part of a deferred adjudication program, like diversion? The answer to almost all (if not all) of these is likely 'yes.' If you are in a treatment program, they can ask you to take just about as many UA's as they want. You may still have avenues if it gets extreme in any of these situations, but, yes, you can be asked to take two UA's as part of...

    11 lawyers agreed with this answer

  4. If I simply plead guilty to my first DUI charge with out accepting the diversion. What sentence would that result in. OREGON

    Answered over 1 year ago.

    1. Joshua Pond
    2. Emily M. Oberdorfer
    3. Jeremiah Vail Ross
    3 lawyer answers

    In reality, there is no way for any of us to adequately answer your question based on this information alone. What you get depends largely on the county, the court, the prosecuting office, the facts of your case, your criminal and traffic records (even if they don't contain a DUII), the programs and practices of that particular evaluation office and so on. That said, I can tell you some sentences that are mandatory for all DUII convictions in Oregon. At a minimum you will receive around $1000....

    11 lawyers agreed with this answer

  5. What process would I have to follow to get permission for my husband to move out of state on his bench probation?

    Answered over 2 years ago.

    1. Joshua Pond
    2. Christopher Palmer
    3. F. J. Capriotti III
    4. Brett J Hall
    4 lawyer answers

    Many bench probations do not have restrictions prohibiting people from moving out of state. They do, however, almost always contain provisions requiring people to keep the court and probation department informed of changes in contact information. If I were you, I would simply review the judgment with a fine tooth comb. If it says he has to get permission, then simply mail the judge (or go through the attorney who aided with the underlying case) and ask for permission. If, however, it does not,...

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  6. Should son take plea bargain of felony for dui and six mo jail. he'd rather longer jail, no felonly. no one else ever involved

    Answered over 1 year ago.

    1. Joshua Pond
    2. Jeffrey S Siefman
    3. Andrew D Coit
    3 lawyer answers

    No one on this site will be able to tell you whether or not your son should take a plea offer without being much more familiar with both your son and his case. That said, I will tell you that what makes a DUII a felony or not in Oregon is defined by statute and cannot be plea bargained away. It simply doesn't work that way. If you've had three prior convictions in the last fifteen years or two prior convictions in the last ten years, the matter is a felony unless the state fails to get an...

    9 lawyers agreed with this answer

  7. How can I defend myself in court citing self defense for Disorderly Conduct II and Harassment I charges? ORS Chapter 166

    Answered over 2 years ago.

    1. Jay Bodzin
    2. Joshua Pond
    2 lawyer answers

    Well, the very first thing you do on the path to defending yourself is to get an attorney. You should not go down for this. You will only dig your own grave by not getting an attorney, as it is incredibly easy to incriminate yourself, even when you feel you have nothing to hide. Don't go this alone, it just doesn't make any sense.

    9 lawyers agreed with this answer

  8. What happens at an arraignment I was never arrested but cited I do not know what to plead

    Answered over 2 years ago.

    1. Joshua Pond
    2. John E. Schlosser
    3. Emily M. Oberdorfer
    4. James Regan
    4 lawyer answers

    An arraignment is simply the stage of your case where you find out if you have been charged or not. At this point, you have not been charged with a crime. This only happens, if it does, after you have officially and formally been charged and such is put on the record. As, at this point, it is highly unlikely you have all the evidence the State has against you, the court is very very unlikely to accept any plea from you and will simply keep your plea at the default position, which is Not Guilty....

    9 lawyers agreed with this answer

  9. I had two DUII within five years. I was instructed to do jail time, which I completed and enter a diversion class.

    Answered over 1 year ago.

    1. Jeffrey S Siefman
    2. Joshua Pond
    3. Jonah Morningstar
    4. Jasen Bodie Nielsen
    4 lawyer answers

    The consequences for violating two simultaneous probations could be very very serious. You most certainly need an attorney and soon. You should start by calling the attorney who handled the underlying cases, but if you were unsatisfied with that representation or don't receive the help you need from him/her, feel free to call my office.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Proving intent

    Answered over 1 year ago.

    1. Joshua Pond
    2. Ian Jeffrey Slavin
    3. Karen J Mockrin
    3 lawyer answers

    You may have some solid defenses based on what is known as mens rea or the 'mental element' of the charge. A prosecutor must prove all material elements and your mindset is an element of all theft based crimes in Oregon. They must prove a particular level of awareness on your part, the degree or level of which will depend on the charge. So, get an attorney and get them on this asap. Now, that said, my biggest advice to you is to not post things like this anymore. Do not put details like this...

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