Attorneys filing suit to seek public records can be awarded their own attorney fees
Nov 03, 2010
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 r...
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Watch out for slippery jury instructions
Nov 02, 2010
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 Co...
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New case on restitution payments
Sep 27, 2010
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 t...
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Small contract cases in Oregon
Sep 27, 2010
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 ...
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Small cases in Oregon - don't go to small claims court!
Sep 27, 2010
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 ...
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Oregon's Saving Statute - ORS 12.220
Sep 23, 2010
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 o...
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Serna Motions: A good route to dealing with a very old case
Sep 22, 2010
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 pr...
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When arrested, you must TELL police you want to remain silent
Jun 21, 2010
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 manne...
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Talk to a Lawyer BEFORE Taking a Breath Test
Jun 18, 2010
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 not...
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DUI Diversion in Oregon
Jun 15, 2010
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 tr...
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