Matthew R. Hoff, Attorney at Law

Happy Veteran's Day to all who served and continue to serve our country. I am very grateful for your service to the United States of America. Thank you! I also dedicate this post to my father who proudly served in the US Army and sadly passed away in April of this year.

https://www.matthewhoff.com/us-supreme-court-hands-down-major-ruling-on-gun-possession-case/

Latest blog post from my website. Helpful ruling from SCOTUS for those defending UPFA cases.

US Supreme Court Hands Down Major Ruling on Gun Possession Case – Matthew R. Hoff The US Supreme Court held in a 7-2 opinion that the government is required to demonstrate a defendant charged with unlawful possession of a firearm (a) possessed a firearm and (b) the defendant knew not to possess a firearm.

https://www.matthewhoff.com/one-persons-junk-may-be-one-persons-treasure-but-first-not-without-a-search-warrant-in-oregon/

Oregon's Constitution is a living, breathing thing. 50+ years of legal jurisprudence reversed in huge Oregon Supreme Court ruling.

Oregonians Retain Privacy Interests in their Curbside Garbage – Matthew R. Hoff The Oregon Supreme Court last month overturned five decades of case-law to the contrary by ruling Oregonians retain privacy interests in the garbage they leave on the curb for pick up.

SCOTUS to decide whether an attorney as a matter of trial strategy can assert the guilt of a client to a jury over the defendant's protestations. The case up for review with the Supreme Court dealt with a defendant on trial for three counts of murder. The client maintained his innocence through out the proceedings. However, his attorney conceded guilt to the jury in an attempt the spare his client the death penalty. The defendant was ultimately convicted. This is a huge case with vast implications for criminal defense attorney and the panoply of "trial strategy".

Supreme Court ponders if lawyer can concede client’s guilt when accused claims innocence Robert McCoy proclaimed his innocence, but his counsel said the evidence showed otherwise.

Blomstrom v. Tripp, 402 P.3d 831 (2017) is a must read opinion for DUI Attorneys in Washington State. The Washington Supreme Court recently struck down pre-trial urinalysis as a condition of release for defendants charged with DUI. In short, pre-trial urinalysis is an invasion of privacy under Article 1, Section 7 of the Washington State Constitution. Unfortunately, the opinion only addressed pre-trial urinalysis. The courts still have discretion to impose other conditions of pre-trial release including but not limited to a transdermal monitor known as a SCRAM device which can cost hundreds of dollars per month to wear. Certainly, more expensive than random urinalysis. That said, I think there is argument that a transdermal monitor is analogous to the invasiveness of urinalysis but I guess that is a legal fight for another day.

Supreme Court rules random urinalysis is unconstitutional The case involves three people arrested in 2015 in Spokane County who were ordered to participate in random urinalysis testing as a condition of pretrial release.

http://www.npr.org/sections/thetwo-way/2017/05/12/528086525/sessions-tells-prosecutors-to-seek-most-serious-charges-stricter-sentences

Sessions Tells Prosecutors To Seek 'Most Serious' Charges, Stricter Sentences The move, which was announced in a memo, reverses an Obama-era recommendation that asked federal prosecutors not to hit low-level drug offenders with charges that carry mandatory minimum sentences.

http://www.npr.org/2017/04/20/523436033/a-weightlifting-program-that-gives-ex-cons-a-chance-at-change

A Weightlifting Program That Gives Ex-Cons A Chance At Change It's not easy to go from prison back into regular life. Often, former inmates end up back behind bars. A Boston weightlifting program gives ex-cons and former gang members a job and hope for success.