Tuesday, October 1, 2013

Dismissal Before Trial on Shooting Case

by Gig Wyatt
Attorney at Law
Harris, Wyatt, and Amala

                The client was charged with Attempted Assault I with a Deadly Weapon, Unlawful Use of a Firearm, and Theft I arising out of a shooting in East Marion Co earlier this year.  The prosecutor wanted 5 years prison and threatened to charge the client with Attempted Murder if he did not accept a plea.

 The prosecution finally had enough and dismissed all charges prior to trial. The purported victim, an off-duty out-of-state police officer, called 911 to report that the defendant had punched him in the face, stole his duty weapon, shot at him, and fled the scene. His information, however, was soon learned to be largely fabricated.

Gig Wyatt discussed the strategy of when to divulge certain facts to the prosecution.  “Our investigation revealed several key witnesses that were overlooked by the police investigation. My private investigator interviewed witnesses that clearly impeached the off-duty officer. His credibility, or lack thereof, was essential.   Once we disclosed our information  to the prosecutor, they dismissed all charges.”  Shoddy investigation by the police is a prime target for criminal defense.
                Gig Wyatt practices criminal defense in Marion County and travels throughout the state. He has 28 years of experience and is a member of Oregon Criminal Defense Lawyers Association and National Association of Criminal Defense Lawyers.

from the web site www.SalemOregonCriminalDefense.com :

Your Rights are Important - An arrest is a seizure under both the United States Constitution, and the Oregon Constitution, and an officer must have probable cause that you have committed a crime.  The legal concept of probable cause has both a subjective and an objective component. An officer must subjectively believe that you have committed a crime, and his belief must be objectively reasonable under the circumstances.

NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon. This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.