Category Archives: Criminal Law News
Expunged Record, Outdated Report
Expungement (record clearance) is a big part of what Mark C. Cogan P.C. Law does for our clients. It’s one of our favorite types of cases, helping people start fresh with no criminal convictions on their record. However, it happens occasionally that after a conviction has been cleared, a background check still shows the… Read More »
Prosecutor Abuse
Federal law allows federal courts to award attorneys’ fees and other expenses to criminal defendants who prove gross misconduct on the part of federal prosecutors. The law — a 1997 amendment sponsored by Representative Henry Hyde, a Republican — is a valuable deterrent to prosecutorial abuse, providing compensation in cases where a court finds… Read More »
U.S. Supreme Court On Plea Bargaining
In popular culture, the role of a criminal defense attorney is thought to be a defense counsel’s role as a champion for the accused during a high-stakes trial. Of course, one of the responsibilities of defense counsel is to present a strong defense at trial. Indeed, criminal defense attorney Portland find nothing more gratifying… Read More »
More Crimes Qualify for Expungement
Oregon’s Expungement Law (ORS 137.225) took effect nearly 4 decades ago and has been amended many times. Frequently, the amendments have made it more difficult for a person to expunge a criminal conviction. However, the latest session of the Oregon Legislature passed HB3376, and thereby expanded the Expungement Law, making expungement available to persons… Read More »
More Consequences for DUII
The 2011 Session of the Oregon Legislature continued its tradition of increasing the consequences for Driving Under the Influence of Intoxicants (DUII). One example includes HB2103, which prohibits any person who enters the DUII Diversion Program on or after June 23, 2011, from using alcohol except for purposes of religious sacrament while in Diversion…. Read More »
State vs. Machuca Decision
On February 11, 2010 Oregon Supreme Court issued its decision in the case of State vs. Machuca. A widely awaited opinion on the subject of police powers vs individual rights in the area of DUII enforcement. I find the Court’s dismissal of the individual rights claim in Machuca very shocking. Although the result was… Read More »
