Molalla DUI-DWI Lawyer, Oregon

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Jennie Lynn Clark Lawyer

Jennie Lynn Clark

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Accident & Injury, Personal Injury, Criminal, Animal Bite, DUI-DWI

I graduated from law school with the goal of working in criminal defense. For approximately the first four years of my practice, I accepted privately ... (more)

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Westbrook  Johnson Lawyer

Westbrook Johnson

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Criminal, Search & Seizure Protections, DUI-DWI, Domestic Violence & Neglect, Felony

Westbrook was born and raised in Petersburg, Virginia. Petersburg is a small city in southern Virginia that had been a hotspot in the Civil Rights Mov... (more)

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Mark R. Bailey

DUI-DWI, Criminal
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Robert L. Sepp

Employment, Labor Law, DUI-DWI, Criminal
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Leonard Charles Ostrow

Child Support, Criminal, Farms, DUI-DWI
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Rhett L. Bernstein

DUI-DWI, Criminal
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Rhett Bernstein

DUI-DWI, Criminal
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Shannon Iris Wilson

Other, Divorce & Family Law, DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  15 Years

Cierra D. Brown

Land Use & Zoning, Traffic, DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  5 Years

Bruce Tarbox

Criminal, Felony, Misdemeanor, DUI-DWI
Status:  In Good Standing           

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LEGAL TERMS

IRRESISTIBLE IMPULSE TEST

A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his ac... (more...)
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong.

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

ASSAULT

A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical co... (more...)
A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault. Compare battery.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

BURGLARY

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need no... (more...)
The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.

SPECIFIC INTENT

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of ... (more...)
An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

SAMPLE LEGAL CASES

State v. Kruse

184 P.3d 1182 (2008). 220 Or. App. 38. STATE of Oregon, Plaintiff-Respondent, v. Jay Lynn KRUSE, Defendant-Appellant. D055973M, D060612T, A132038 (Control), A132039. Court of Appeals of Oregon. Submitted January 4, 2008. Decided May 14, 2008. ...

State v. Machuca

227 P.3d 729 (2010). 347 Or. 644. STATE of Oregon, Petitioner on Review, v. Thomas Gregory MACHUCA, Respondent on Review. (CC 050647097; CA A133362; SC S057910). Supreme Court of Oregon, En Banc. Argued and Submitted December 16, 2009. ...

Prior v. Department of Revenue

... [2]. In her Complaint, Plaintiff asserts that the Department is in error in withholding the tax refund to pay for her "husband's DUI[,] [because] I have be[en] separated from him for 6 y[ea]rs and have nothing to do with his affairs or finances." [3] (Ptf's Compl at 1, Sec. ...