Questions Answered by Troy Pickard

3 Answers | Asked in DUI / DWI for Oregon on Jul 6, 2011

Troy Pickard's answer
There are so many important questions to ask in a DUI case. The two most important are: Were you "driving"? and Were you under the influence of intoxicants? If the answer to either question is no, you may have a very strong defense. There are ...
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Apr 26, 2011

Troy Pickard's answer
The rules on landlord late charges are at ORS 90.260. The late fee cannot be more than: (a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market; OR (b) A ...
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Sep 23, 2011

Troy Pickard's answer
Yes. If your landlord returns your entire deposit, this has no effect on whether your landlord can go after you for damages to the home. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 ...
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Sep 25, 2012

Troy Pickard's answer
The question of whether your landlord can kick you out is complicated and has nothing to do with whether you have paid a security deposit or last months rent deposit. Call an Oregon landlord-tenant lawyer if you want more information. Try Portland Defender ...
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Sep 26, 2012

Troy Pickard's answer
A landlord can terminate a one-year lease early in certain circumstances. The two most-common circumstances would be when a tenant can't pay their rent on time, and when a tenant is committing criminal acts in the home or damaging the home. No ...
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Oct 16, 2012

Troy Pickard's answer
Landlords can only give their tenants a 30-day no-cause notice of termination if the tenant is on a month-to-month lease. If you are on a one-year lease, the landlord cannot do this. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 ...
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Nov 29, 2012

Troy Pickard's answer
If your landlord is stealing your deposit, hire an attorney to get it back. Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
 
 

1 Answer | Asked in Landlord - Tenant for Oregon on Dec 20, 2012

Troy Pickard's answer
Most landlord-tenant relationships in Oregon are governed by the Oregon Residential Landlord-Tenant Act. However, there are a few exceptions. One exception is occupancy at an institution, public or private, if incidental to the provision of medical, ...
 
 

1 Answer | Asked in Federal Crimes for Oregon on May 7, 2011

Troy Pickard's answer
You should probably trust your attorney. But, if you are convinced that your attorney is wrong to not consider some sort of diminished capacity defense or the fact that the defendant is unable to understand the proceedings, you should think about hiring ...
 
 

1 Answer | Asked in Criminal Law for Oregon on Feb 18, 2012

Troy Pickard's answer
It is not a crime in Oregon to carry an ordinary pocket knife under 6 inches without a permit. Troy Pickard Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
 
 

1 Answer | Asked in DUI / DWI for Oregon on Nov 16, 2010

Troy Pickard's answer
I think it is very unlikely that you would be sentenced to jail time for being drunk at age 14, especially if this is your first run-in with the law. More likely, you might be ordered to do an alcohol education class and some community service. Portland ...
 
 

1 Answer | Asked in Criminal Law for Oregon on Nov 6, 2012

Troy Pickard's answer
I don't know what 53a-128i is, but criminal trespass in Oregon is a misdemeanor and, depending on the crime severity and the offender's criminal background, could be punished by up to one year in jail. For a low-level crime like criminal ...
 
 

1 Answer | Asked in Criminal Law for Oregon on Jan 2, 2013

Troy Pickard's answer
It depends. If you hire a private attorney, you may be able to get someone to come in and see you that same day. If you are not able to afford a lawyer, you may be eligible to get a court-appointed attorney. However, you probably won't see them until ...
 
 

1 Answer | Asked in DUI / DWI for Oregon on Nov 27, 2011

Troy Pickard's answer
You may have just mistakenly not received form 2. You should go back to the courtroom you appeared in before and talk to the clerk. They should be able to get you any page you missed. Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR ...
 
 

1 Answer | Asked in DUI / DWI for Oregon on Dec 5, 2012

Troy Pickard's answer
If you cannot afford an attorney, the court can appoint one to represent you. Portland Defender 1001 Southwest 5th Avenue Suite 1100 Portland, OR 97204 (503) 592-0606 www.portlandcriminalattorneyor.com
 
 

1 Answer | Asked in Criminal Law for Oregon on Jan 13, 2013

Troy Pickard's answer
I am assuming that you're referring to speedy trial motions in criminal cases, which are often called Serna motions in California. Yes, Oregon has speedy trial laws specific to the state. Additionally, Oregon is subject to the same speedy trial laws ...