Oregon Child Support and Military Allowances as Income

A recent Oregon Court of Appeals case (Stokes v. Stokes) held that military housing allowances (BAH) and food allowances (BAS) are counted as income when calculating child support, even though they are not included as income for tax purposes.

Mike Arnold,
Attorney at Law
Arnold Law Office, LLC

Eugene family law lawyer Jacy Arnold named one of Oregon's best attorneys under the age of 40

In November 2009, Jacy Arnold, Arnold Law Office's managing partner, was named by Law and Politics' "Super Lawyers" rankings as an Oregon Rising Star in Family Law. Only 2.5 percent of Oregon attorneys are given the honor.

Only three lawyers in the entire county were recognized among the best Oregon lawyers under the age of 40. Morgan Diment of Diment & Walker was also recognized in family law and Loren Scott of Muhlheim Boyd for bankruptcy.

Methodology: Law & Politics performs the polling, research and selection of "Super Lawyers" in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers' "Rising Stars" is a comprehensive and diverse guide to outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. The selection procedure includes peer nominations, a blue ribbon panel review process and independent research of candidates.

How do you protect your business website from plagiarism?

You've spent hours developing unique content for your website or you've paid a pretty penny to a website developer to create unique copy. Why did you do this? You knew that Google's algorithm rewards those with unique and relevant content with a higher ranking. Why didn't you plagiarize someone else's site that was performing well? Well, you knew that it was morally and legally wrong, and you knew that if your site was not unique, Google would rank it lower.

Now that you're performing well on Google, your competitors will notice this and may attempt to duplicate your success by stealing your intellectual property. Take steps to prevent this from happening.

Ignorant, Lazy, or Cheap: Why steal website content?

Some people are just plain naïve and think that if it's on the web, it's public domain.

Everyone else feigns naivety, but steals your content because it's cheap, quick and easy. They are either too lazy to spend the countless hours developing content or lack the knowledge and experience in your field or the skill set to generate copy from brain to computer screen on their own.

These copyright violators also know that there's another option to developing their own content. They could pay a copywriter knowledgeable in your business to create unique content. They are just too cheap to do so. This is theft at its finest.

The ounce of prevention.

1. Always place a copyright notice on your website. The HTML code for "©", the little "c" with a circle around it, is "&copy". This will hopefully deter others from thinking it is part of the public domain.

2. Periodically search key phrases in Google. You can pull out whole sentences with quotes around it to see if someone is copying verbatim. However, you also need to search for fragments with quotes and whole sentences without quotes, to see if they are plagiarizing the 7th-grade-term-paper way (by mixing up the words and clauses or by using synonyms).

You can also add key phrases or image names to Google Alerts to let you know immediately when someone steals your content. Many plagiarizers are too lazy to change the file name of your images which easily show up in a google search.

3. Pay a service to monitor your copy for you. Copyscape is the most popular alternative to this. Remember, you get what you pay for in this world, and a little protection up front is worth much more than that pound of cure down the road.

The pound of cure.

If you come across someone who has stolen your intellectual property, research who they are and then contact them immediately. Go to whois.net to see who owns their domain name and who the contacts are. Most people, upon a phone call or a professional, non-accusatory email, will feign naivety and agree to immediately remove the content.

Others require more threatening letters or require you to contact their website host. Remember, the law is on your side. If all else fails, contact a lawyer to threaten litigation. If you are successful in copyright infringement litigation, you are entitled to damages and may be entitled to attorney fees.

by C. Michael Arnold
Attorney at Law
Arnold Law Office, LLC
Eugene, Oregon, USA

To visit Arnold Law Office on Facebook, click here.

How consistent are sentences in Lane County for major crimes?

Consistency in sentencing is important. The local print media does a fair job in reporting on individual cases but typically fails to report how a given case fits in with other recent similar cases. Here's a snapshot of some of Lane County's recent high profile sentences.

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5.8 yrs. - What does it take to get 70 months in prison?

The Russian Armed Robbers - 2009

• Crimes: 2 take-over style armed robberies of a Junction City market and a Coburg coffee kiosk.
• Plea deal: faced Robbery I and at least 140 months, pleaded to two Robbery IIs.
• Firearm: one sawed off shotgun in the clerks faces.
• Victims: Multiple clerks and customers including a 10-year-old girl who watched her mom have a shot gun in her face.
• Likely Motive: funding meth habit
• Criminal History: 1 defendant had prior Burg 1, UUV, Forg 1, and other crimes.
• Number of Perpetrators: 3
• Judge: No discretion in sentence; stipulated prison term.
• Prosecutor: Lane
• Defense Attorneys: Jeffery M. Jones (retained); Ferder (retained); Rainwater (appointed)
• News Reports: R-G

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11.6 yrs - What does it take to get 140 months?


The Mazzi/Beaudet Jewelry Simulated Armed Heists - 2009

• Crimes: 6 takeover-style armed robberies with a toy gun; robbed Mazzi's Restaraunt four times; robbed Beaudet's twice.
• Plea deal: faced at least 360 months (30 years) and California, Nevada, and the Feds agreed not to pursue at least four other similar robberies.
• Firearm: air pistol or BB gun.
• Victims: Multiple clerks and customers feared being executed.
• Likely Motive: Gambling debts. Likely greed and thrill.
• Criminal History: none; model student.
• Number of Perpetrators: 1
• Judge: No discretion in sentence; stipulated term.
• Prosecutor: Schwartz
• Defense Attorney: Deal (appointed)
• News Reports: R-G 1/2/09; 1/3/09.

17.5 yrs - What does it take to get 210 months?

ATM Carjackings - 2009

• Crimes: 3 women kidnapped and ordered to drive to ATMs and then their addresses were stolen as threats to victims.
• Plea deal: faced 43+ years; Agreed to a range of 70-210 months.
• Firearm: none but one threatened and purportedly hidden.
• Victims: Three women over five days.
• Likely Motive: funding heroin habit
• Criminal History: minimal.
• Number of Perpetrators: 2
• Judge: Cindy Carlson.
• Prosecutor: Lane
• Defense Attorneys: Coit (retained); Arnold (retained); Volmert (appointed)
• News Reports: R-G

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20 years - What does it take to get 240 months?

Eugene's Deadliest Drunk Driving Accident in History - 2009

• Crimes: Runs read light at 92 mph killing two adults and two children and critically injuring another child while 0.21% BAC.
• Plea Deal: pleaded to indictment - Manslaughter I x 4; Assault 2; Reckless Driving. According to the news reports, court had discretion to impose 46 years.
• Victims: four deaths; one critically injured child.
• Likely Motive: left the bar angry
• Criminal History: unknown
• Number of Perpetrators: 1
• Judge: Billings
• Prosecutor: Vill.
• Defense Attorney: Cascagnette (appointed); Koenig (appointed on limited basis)
• News Reports: KVAL; RG; Fox

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22.7 yrs - What does it take to get 272 months?

Romania Chevrolet SUV Ecosabotage - 2001

• Crimes: set fire to three SUVs while under federal domestic counter terrorism surveillance with one security guard present. Also, attempted to set fire to Tyree Oil Co.
• Plea deal in 2001: none. Bench trial. Convicted of Arson I x 3; Attempted arson I x unlawful possession of a destructive device x 2; unlawful manufacture of a destructive device; criminal mischief I; attempted criminal mischief I.
• Plea deal in 2008: Oregon Court of Appeals ruled that crimes should have merged. Resentenced to 10 years.
• Victims: SUVs were salvageable. Original prosecutor argued risk to fire fighters and night watchman.
• Likely Motive: political/environmental
• Criminal History: none.
• Number of Perpetrators: 2
• Judge: Velure (2001); Billings (2008)
• Prosecutor: Tracy (2001); Hasselman (2008)
• Defense Attorneys: Barnes (retained 2001); Regan (retained resentencing after appeal)
• News Reports: EW; RG

Apparently a state other than Oregon has an over-protective DHS

A Michigan mom has run afoul with Department of Human Services for letting the neighbor kids wait for the bus inside her house. Once again a state's child protective services attack a parent at the expense of children. It's guaranteed that DHS would be after the neighbor parents for neglect if they left the children alone. You can't win with DHS, even in Michigan.

Click here to read the AP article, "State to mom: Stop baby-sitting neighbors' kids."

Mike Arnold,
Attorney at Law
Arnold Law Office, LLC
Eugene, Oregon

Oregon's Measure 11: One size doesn't fit all in Mandatory Minimum Sentences

Yesterday the Oregon Supreme Court decided State v. Rodriguez/Buck, a landmark case regarding mandatory minimum Ballot Measure 11 sentences.

Trial judges must now consider the defendant's individual circumstances and criminal history, the harm to the victim, and specific facts of the case when sentencing defendants. If a mandatory sentence "shocks the conscience" in a given situation, then the sentence as applied is unconstitutional and a lesser sentence must be imposed.

The court framed the issue and the facts here:

These two criminal cases, which we consolidated for argument and disposition, require us to interpret and apply the requirement in Article I, section 16, of the Oregon Constitution that "all penalties shall be proportioned to the offense."

Veronica Rodriguez touched a 13-year-old boy when, standing behind him in a room with 30 to 50 other people, she brought the back of his head into contact with her clothed breasts for about one minute.

Darryl Buck touched a 13-year-old girl when the girl, who was sitting next to him while she was fishing, leaned back to cast her fishing line, bringing her clothed buttocks into contact with the back of his hand and Buck failed to move his hand; that happened one or two more times.

When they stood up, Buck brushed dirt off the back of the girl's shorts with two swipes of his hand. Each of those touchings was unlawful because a jury in Rodriguez's case and a judge in Buck's case found that they had been for a sexual purpose -- a fact that brought the physical contact within the definition of first-degree sexual abuse. ORS 163.427(1)(a)(A). Rodriguez and Buck were both convicted of that crime.

Courts must use the following factors when considering a mandatory sentence:

1. A comparison of the "penalty" and the "offense." The court noted the lack of proportionality in the Sex Abuse in the First Degree statute by recognizing that "Measure 11 imposes the same, mandatory prison term for a 50-year-old man forcing a 13-year-old girl to engage in prolonged skin-to-skin genital contact with him and a 19-year-old forcing the same 13-year-old to touch his clothed buttock for five seconds."

2. The penalties for related offenses. The court determined it was unreasonable that the touching by Rodriguez and Buck mandated the same sentence as if they had anally sodomized the victims that they briefly touched, had sexual intercourse with the children that they briefly touched, or had they "'penetrate[d] the vagina, anus or penis [of children under the age of 14] with any object other than the penis or mouth.'"

The court also noted that Buck and Rodriguez would get a greater sentence under Sex Abuse I than a person charged with Sex Abuse II who "touched the victim's vagina and penetrated the victim's anus with his fingers...where the defendant (a nurse in a psychiatric hospital) stood next to the bed of a bipolar, sedated patient with his pants open and an erect penis and indicated that he wanted the patient to perform oral sex on him, and the patient complied." Clearly the conduct of a nurse should warrant a greater sentence then the brief touching in Buck and Rodriguez. However, Measure 11 mandates otherwise. Hence, it is not proportionate and is unconstitutional at times.

3. Criminal history. It might not be proportionate to treat a repeat offender the same of someone who has never been arrested.

With that being said, this case illustrates the power of unelected government employees of the District Attorney to charge someone with a Measure 11 crime to coerce them into accepting a more appropriate lesser charge. Innocent people with absolute defenses often choose to plead guilty to lesser offenses to alleviate the risk of a guilty trial verdict that sends them to prison for 70 or 75 months. If the appropriate non-Measure 11 crime is charged in the first place, a trial can happen to flesh out the facts.

Hiking with a concealed handgun in Oregon: Legal or Not?

Many Oregonians mistakenly believe that there is an exception for hiking on public lands with a concealed weapon. If you are hiking with a concealed firearm, without a concealed handgun license, you'd better have current hunting tags, a shooting club card, or a fishing pole and be prepared to prove such at a jury trial.

The safer bet is to get a CHL, even if you never plan to carry on a day-to-day basis. Many Oregonians get a CHL just for transporting firearms or to be safe on a hiking trail. ORS 166.250 is the statute that prohibits carrying a concealed firearm on your person or readily accessible within a vehicle.

ORS 166.260 sets forth the exceptions:
(1) ORS 166.250 does not apply to or affect:
* * *
(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
* * *
(2) [Except for convicted felons], ORS 166.250 does not apply to or affect:
(a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.
(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

Mike Arnold,
Attorney at Law
Arnold Law Office, LLC
Eugene, Oregon