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Month: May 2020

How the appeals process works

In Oregon, the verdict of a trial court is not the final say when a defendant is convicted of a crime. Instead, a defendant has the right to appeal their conviction if they believe that the trial court made an error. They may even have multiple courts that they can...

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The problem with breathalyzers

Nobody should drink and drink, but we would all be fools not to admit that many people do drink while intoxicated. Sometimes the driver only had a couple of drinks and paired it with a meal and a glass of water. Other times the driver had few happy hour drinks without...

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Rights under the Fifth Amendment

In Oregon and across the U.S., individuals have the right to "plead the Fifth" when in police custody or in court. When exercising this Fifth Amendment right, a person may choose not to answer questions related to his or her arrest. This right is granted under the...

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What you need to know about breath tests

Breath tests—often called breathalyzer tests—are one important way that officers determine whether a driver has been operating their vehicle while under the influence of alcohol. If an officer asks you to take a breath test in the field, it can create damning evidence...

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There are limits on pre-trial detention

Oregon criminal defendants have a constitutional right to a speedy trial. When it comes to being held after they are arrested, they must be released within a certain period of time if the court determines that they are able to post a bond. In a criminal case, this...

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