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Troy Austin Pickard

Troy Pickard’s Legal Guides

11 total


  • Attorneys filing suit to seek public records can be awarded their own attorney fees

    Although normally we think of attorney fees as those fees owed to an attorney that you hire (other than yourself), the Oregon Supreme Court held recently that an attorney acting on his own behalf can recover his own attorney fees in a lawsuit brought against a government entity a...

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  • Watch out for slippery jury instructions

    The prosecutor will do many things to hurt defendants in criminal cases. Sometimes, they will even attempt to get the court to issue unconstitutional jury instructions. In the recent Oregon Supreme Court case Oregon v. Schwab (9/16/2010), Justice Kistler's concurring opinion poin...

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  • New case on restitution payments

    State v. Kacin is a recent decision from Oregon's Court of Appeals. It holds that, as stated in ORS 137.540(9), failure to pay restitution can never be a sufficient basis to revoke probation. This is true even when the court makes a blanket statement that "the purposes of probati...

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  • Small contract cases in Oregon

    Just like with small injury cases, Oregon has a very powerful law that can be a big help if you have a small contracts case. As long as your case is for $10,000 or less, you can potentially force the other side to pay for your attorney fees. This means that in small contract situ...

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  • Small cases in Oregon - don't go to small claims court!

    So, you've got a "small" case for just a few thousand dollars - it's not a multi-million dollar case, but it's a big deal to you! Should you take your case to small claims court? Probably not, because you may be able to get the other side to pay for your attorney! Oregon has a ve...

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  • Oregon's Saving Statute - ORS 12.220

    Under certain circumstances, an Oregon law allows litigants to file cases beyond the statute of limitations. ORS 12.220, the "saving statute," says that if an action is first filed within the statute of limitations and then "involuntarily dismissed without prejudice on any groun...

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  • Serna Motions: A good route to dealing with a very old case

    Serna motions are useful when a criminal complaint was filed a long time ago, and the DA is only now bringing you to trial. The idea is that you have quite possibly been prejudiced by the delay in prosecution. Technically, the Serna clock starts ticking at arrest or when the c...

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  • When arrested, you must TELL police you want to remain silent

    Prior to any questioning, [a] person must be warned that he has a right to remain silent Miranda v. Arizona, 384 US 436, 444 (1966). Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. ...

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  • Talk to a Lawyer BEFORE Taking a Breath Test

    Hopefully you will never be arrested for a DUI. But, if you ever find yourself under arrest, you have the right to consult with an attorney before deciding whether to take a breath test. This is nothing new Oregonians have had this right at least since 1988, when the Oregon ...

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  • DUI Diversion in Oregon

    You may have heard about DUI diversion. This is a program offered to certain DUI offenders that has a variety of requirements, including completion of a drug/alcohol abuse assessment and possible treatment, attendance at a victim impact panel, payment of fines and staying out...

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