David J. Celuch
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August 2018 Archives

When witnesses change their minds

Although you have a right to a fair trial in the Oregon court system, there are a number of things that could interfere with your rights and lead to an unfair judgment. At the David J. Celuch law firm, we understand that post-conviction relief may be available to a defendant when a witness recants his or her testimony after the conviction.

When a DUII is a felony

Oregon law enforcement pulls over a vehicle that is weaving between lanes, and an officer discovers that the driver is intoxicated. The prosecutor charges the driver with driving while under the influence of intoxicants, and the judge issues a conviction. According to the Oregon Revised Statute 813.010, in many cases, this is a Class A misdemeanor conviction. However, sometimes it is a Class C felony. 

Relief in the face of “the trial penalty”

Imagine a loved one is arrested on suspicion of a major crime. They are truly innocent in the matter, but witnesses insist it was them. The situation looks bad, and your loved one’s attorney begins to push them to accept a plea deal rather than appear in court. Juries can be swayed by testimony, and the plea bargain comes with 5 years in jail while a court conviction could mean 20-plus. Is it worth it to take the gamble in court?

Forensic investigations don’t always hold up to scrutiny

The rise of forensic evidence has heralded a new era of crime scene investigation and detective work. Details as small as a speck of blood or a single strand of hair can become a major breakthrough in a criminal case. Forensic investigators are not perfect however, and neither is the technology or the methods they use.

Differences between post-conviction relief and an appeal

At the law firm of David J. Celuch, we often advise clients who have been through the criminal justice system and did not receive fair treatment. You may be able to file a petition for post-conviction relief even if you have already gone through the appellate court and lost your appeal.

Some Oregon inmates face long stretches of solitary confinement

Oregon inmates may face long bouts of solitary confinement. Several state prison inmates with severe mental illness are held in solitary confinement every day. A recent lawsuit naming corrections officers at the Oregon State Penitentiary also claims that solitary confinement is being used as punishment unlawfully.

Enhanced patrols watching for impaired Oregon drivers in August

Because alcohol metabolizes in the body at different rates, a person who feels fine may get behind the wheel only to become increasingly impaired. Law enforcement in Oregon watches for weaving, inconsistent speeds and other signs that a driver is not in full control of the vehicle. How well the authorities are able to enforce DUII laws often depends on issues such as traffic, budgets and how many officers are available.

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David J. Celuch
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Portland, OR 97201

Phone: 503-388-4325
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