Daniel J. Lounsbury Attorney at Law Legal Blog
How should people utilize the right to remain silent?
The right to remain silent is one of the most important legal protections for people dealing with police officers or other agents of the state. The Constitution protects people from forced self-incrimination, including excessive and abusive interrogation tactics....
Potential benefits of banning Flock cameras in Oregon
Automated license plate readers, commonly called Flock cameras, have become increasingly controversial with Oregon residents in recent years. Law enforcement agencies use these devices to identify vehicles connected to criminal investigations. Critics argue that...
Are bar-related assault charges that big of a deal?
A disagreement at a bar can escalate quickly, especially when alcohol, crowded spaces and heightened emotions are involved all at once. What begins as a verbal argument might turn into pushing, punching or an altercation involving several people. Although some...
Shoplifting charges do not always involve theft
Some people accused of shoplifting-related offenses get arrested for possessing or reselling stolen merchandise. Others might get arrested after they leave the store with unpaid merchandise. The greater the total value of the items taken from a store without paying,...
What to know about Oregon’s implied consent law
Anyone in Oregon who operates a motor vehicle on a highway or upon premises open to the public is affected by the state’s implied consent law. This applies whether they hold a standard Oregon driver's license, an out-of-state license or a commercial driver's license...
The role of alcohol in sexual abuse charges
Many cases of sexual abuse or sexual assault involve a discrepancy in power. Some cases involve perpetrators physically overpowering victims or using threats, such as the act of brandishing a weapon, to force them into a traumatizing situation. Other times, they may...
What must the state prove in a per se DUI case?
In many driving under the influence of intoxicants (DUII) cases, commonly just called DUI cases, video footage of a driver swerving back and forth on the road or evidence of a serious motor vehicle collision they caused can serve as proof of impairment. If the state...
Unsafe firearm handling can trigger assault charges
To many people, the word assault is synonymous with a physical fight or an attack on another person. They envision someone acting with the intent to harm someone else or an incident that causes injuries severe enough to necessitate immediate medical attention. Many...
When is an Oregon theft offense treated as a felony?
People accused of shoplifting or taking property that belongs to other people could face theft charges. Especially if the person accused of theft has no prior experience with the criminal justice system, they might expect to receive lenient treatment. People may...
How does the Third Party Doctrine affect evidence?
The Third Party Doctrine can affect how the police gather evidence from a person's cellphone or mobile device. Even if officers cannot get the evidence from that device itself, they may be able to obtain it from another entity that has been voluntarily given control...