Oregon & California FAQ

Frequestly Asked Questions

The police never read me my Miranda rights so they don't have a case against me, right?

This is a huge misconception created by TV. Reading someone their Miranda rights, more often than not, has little to no impact on the outcome of a person's criminal case. Generally speaking, the only time police are required to read you your Miranda rights is after they've arrested you AND they intend to ask you questions. The police DO NOT have to "mirandize" you simply because they placed you under arrest.

Apart from this you are better off telling the police you want to speak with a lawyer regardless of whether you've been arrested or not.
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I didn't do anything wrong. Can you get my charges dismissed?

There is no good answer for this question. Whether you did something wrong or not may not have any bearing on whether the case will be dismissed. No attorney can promise you the outcome of your case. Sometimes a case may be dismissed but most aren't dismissed once their filed. Even the cases that do get dismissed it is often because you, the defendant, have enlisted the services of an effective defense attorney to help build a solid defense for your case.

Your best course of action is to find an attorney who you can trust as soon as possible and begin working to build a defense.
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The alleged victim isn't pressing charges against me so why was I arrested?

Another falsehood perpetuated by TV. Alleged victims don't have the authority to "press charges" or not. Only a prosecutor's office has the authority to make that decision. Sometimes the prosecutor may consider the alleged victim's opinion before they make a decision. However, many people find themselves being prosecuted and convicted by alleged victim's who didn't want to cooperate. If the alleged victim didn't want a prosecution to happen they should have avoided getting the police involved in the first place.
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I need a good lawyer. Should I hire my own attorney or use a public defender?

"Good lawyer" is a tough term to define. I would define it as someone who is competent in their profession and cares for their clients. I've met a lot of lawyers - both public defenders and private lawyers. I believe there are both good and bad lawyers and it often has nothing to do with whether the lawyer is a public defender or private attorney. If you qualify for a public defender you do not get to choose who your lawyer is. If you hire your own lawyer you DO get to choose who that person is. So the important thing to consider for this question is whether you want to choose your lawyer or are you agreeable to having one be given to you.
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Should I fight this case or just accept a plea bargain?

This is an impossible question to answer at the beginning of ANY case. There are so many variables in play in criminal cases. A lawyer who tells you what you should do before they've had a chance to gather and review the evidence should be treated with skepticism. This is why it is important to find a lawyer who you can be comfortable with and build some trust. Have consultations with a couple of lawyers and ask your questions. Look around online and read reviews and then go with your gut. Defending a criminal case is an important thing in your life - your lawyer should think so too.
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Your attorney fee for traffic ticket representation is more than the fine on the ticket. Why would I hire you to help me?

In many instances the answer may be it doesn’t make sense to hire me. Please see my traffic page for more information about this. If you’d like to discuss your traffic ticket but aren’t necessarily seeking representation I would encourage you to contact me to set up a consultation.
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What is the best method to communicate with you?

Text messaging. I commonly am unable to answer the phone for many reasons. The best way to connect with me, especially if you are not a current client, is to text me. I send/receive thousands of communications per month and I have found that text messaging is the best way for me to keep track of prospective/current clients and for me to track communications. If you are unable/unwilling to text then please email. I do engage in phone calls with clients, but they are generally pre-scheduled or on an emergency basis.
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Many attorneys give free consultations why don’t you?

In short I have found free consultations to be ineffective for advising potential clients and devaluing of the valuable service a lawyer can provide. I cannot think of a single time where I could effectively hear about a person’s problem and give them adequate feedback in a 5-10 minute conversation. The advice I might give in a 5-10 minute span is likely to be ineffective and incomplete and that doesn’t benefit anyone. Just like when you need medical care you pay for an office visit - a person seeking legal “care” should expect to pay for an office visit. Please keep in mind that my consultations are scheduled to be 1 hour and, unlike a doctor office visit, that 1 hour is all spent consulting with me (as opposed to dealing with administrative staff, etc).
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