Portland OREGON CRIMINAL DEFENSE LAWYER

Helping people like you avoid conviction, get better plea deals or win at trial. You deserve the best Portland criminal defense lawyer,

Avoiding Conviction

In some cases, even if the evidence looks really bad against you, a conviction can be avoided. One way a conviction can be avoided is through a diversion program. Diversion programs allow defendants a "second chance." It allows the court to dismiss the charges if a person successfully completes a diversion program.  Another way to avoid conviction is by getting the case dismissed. Dismissals happen for any number of reasons. When it comes to dismissals, patience is your friend because dismissals often are granted just days before trial--sometimes the day of trial. Dismissals can occur the day of trial if crucial evidence is suppressed.

Sometimes a conviction can be avoided by winning a motion to suppress crucial evidence. Hershall motions to suppress crucial evidence whenever there is a valid reason to make such a motion.  A not guilty verdict at the end of trial will prevent a conviction. Dismissals can prevent a convictions. A Judgment of acquittal will prevent a conviction. Civil compromise is another way to avoid a conviction. In some cases the state will dismiss the charges if the defendant pays restitution to the alleged victim and the victim agrees to drop the charges. This a great option for defendants who are willing and have the ability to pay. Civil compromise is often more expensive but it keeps the conviction off your record.

Sometimes a trial is the only way to resolve your case. 99% of the time a jury trial is the best chance to win. In rare cases it may be best to have a trial with the judge as the jury--that's in RARE cases with unique circumstances. In either event, Hershall is ready to defend you at trial. 

Plea Deals

Do you may want to negotiate the best plea deal? Plea offers from the state are not always the best deal  you can get when it comes to sentencing. Sometimes there are better options. That's why Hershall negotiates to get a better offer. If a better offer is not made he will advise on other options. 
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Did the police violate constitutional rights when collecting evidence?
​If the police violated certain rights in obtaining evidence, I may be able to get that evidence excluded from trial. If crucial evidence is excluded, I will argue for a dismissal, lesser charges, or a better plea offer. ​​

What evidence can be used against you at trial?

Not all evidence can be used at trial. That is because the rules of evidence apply to trials. (Note that a trial is different than a hearingor arraignment which have much looser rules of evidence.) A trial is a formal court proceeding held to determine whether a person is guilty or innocent. In this type of trial, the rules of evidence apply. There are generally two types of evidence:

• Testimony of eyewitnesses
• Other physical evidence

What evidence is required to convict a person?

There is no simple answer. The general answer is that a conviction requires a judge or jury to believe that the accused is guilty without a reasonable doubt ("guilty beyond a reasonable doubt").

Is testimonial evidence enough to convict someone of a crime?

Yes. A large number of convictions are based on testimony without any physical evidence of a crime. You might ask how? The answer is that the jury and in some cases the judge decides whether to believe the testimony of the witnesses. And if the jury finds the testimony believable it can be enough to convict a person. It boils down to a battle of credibility.

But a person may not be convicted if the only evidence is testimony and the jury or judge are convinced that the testimony is not true (either incorrectly remembered or false). Proving testimony is false or incorrect requires evidence. And that evidence is only admissible according to the rules of evidence. For that reason, is very important to hire a lawyer to handle your case.

Can I challenge the charges against me without going to trial?

You can. The court will have to dismiss if the police did not have probable cause to arrest you. This is done at or soon after arraignment. Additionally, we can challenge the legality of a search or seizure at a suppression hearing. If we win a suppression hearing and the evidence is excluded, the  DA may dismiss the case.

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• Not guilty DUI driver found sleeping and intoxicated behind the wheel.
• Not guilty domestic violence harassment and assault charges.
• Not guilty harassment.
• Not guilty harassment and assault with defense of self-defense.
• Not guilty felony assault and misdemeanor harassment.
• Not guilty domestic violence assault and harassment captured on video. Defense of self-defense and defense of other.
• Not guilty domestic violence assault. 
• Not guilty of two counts of assault after a two day trial.
• Not guilty resisting arrest and interfering with a peace officer.
• Dismissed interfering with a peace officer.
• Case dismissed halfway through trial--criminal mischief in the second degree.
• Dismissal of 5 counts of reckless endangerment in one case.
• Eliminated $26,000 of restitution in one DUI case.
• Dismissal of DMV suspension--license reinstated--implied consent refusal to take a breathalyzer.
• DMV license suspension dismissed.
• DUIs dismissed after diversion (First time DUI only).
• Reckless driving dismissed. (First-time reckless driving with DUI diversion).
• Dismissal of 12 counts of delivery of a controlled substance to a minor.
• Negotiated felony plea deal of 5 days jail and probation for delivery of a controlled substance to a minor (class C felony).
• Many more.....

Results vary. These are just examples of amazing results. They are not meant to imply you will get the same results. The outcome of your case will depend on many factors, facts and you!

Portland criminal defense lawyer client testimonials.

--Top Notch--

"Hershall Brown put together a defense that intimidated the prosecution. My case did not go to trial because the state dismissed all five charges. Hershall Brown was always accessible by email or phone and in bringing me up to date and asking me more in-depth questions to help me. I have worked with many attorneys over the years. As a retired management consultant, my opinion is that you should hire him - - No Doubt no equivocation. 

-James

--POINTED ME IN THE RIGHT DIRECTION--

"I had a complex question that I could not find the answer to with regards DUII/DIVERSION/DMV and how they are all reported wrapped up into one.
I contacted Hershall Brown and I was amazed at how very gracious he was with his time in helping me understand some of the nuances a DUII/DIVERSION can have and then how it can relate to DMV and Background check reporting. I would not hesitate to use him in the future, or recommend him to anyone seeking friendly knowledgeable representation. "

   -Steve

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