Practice Areas

Criminal Defense

Jennifer I. Nash and Nicolas Ortiz are experienced trial lawyers dedicated to helping people solve their legal problems in a time of need. Our firm will aggressively protect your rights when you find yourself facing criminal charges. Nicolas and Jennifer have years of vast trial experience handling and trying cases from simple misdemeanors to complicated felonies. You can be assured that you will be treated with respect and given the individual attention that your case demands. We hold ourselves to a high standard and strive to exceed your expectations.

DUII

Our attorneys are experienced in trying Driving Under the Influence of Intoxicants (DUII) cases. Jennifer Nash and Nicolas Ortiz have both attended the NTSI Standardized Field Sobriety Testing Certification Course. This is the same training that police officers in Oregon receive when they are trained to investigate, detect and arrest DUII suspects.

Our approach to any DUII defense includes this uniquely informed perspective—the trained officer perspective. Our hands-on training affords us the ability to detect any errors in administering the Standardized Field Sobriety Tests (SFST), errors in evaluating the SFSTs, and errors in the interpretation of the SFSTs. We are better prepared to protect your rights, to prepare your case for trial and are better prepared to try your case.

A DUII will complicate your life. And a DUII charge can be one of the most complicated types of criminal charges to handle in court. If you have been arrested for a DUII, it is important that you seek the assistance of an attorney immediately. Because of the Implied Consent laws, often times a DUII arrest comes with a license suspension for failing the breath test, refusing to take a breath test, refusing to allow a blood draw and or refusing to give a urine sample. Timing is crucial if you wish to contest your suspension. You should be aware that you have only ten days to submit a request for a hearing on the Implied Consent driver’s license suspension. Absent the request for a hearing, the license suspension, in almost all cases, will take effect—even if you are acquitted of the DUII charge or your case is otherwise dismissed.

Depending on the circumstances of your situation and your prior DUII arrest record, you may be eligible for a DUII diversion. Successful completion of a DUII Diversion progrm will ultimately lead to dismissal of the DUII Charge. We can determine your eligibility, and advise and counsel you about which options are available to you. Whether you are diversion eligible or not, our goal is to provide you with the necessary legal information for you to make an informed decision on how to proceed.

When you are in need of legal counsel, please e-mail us or call us to schedule an appointment. We are here to help.

Felonies

In every criminal case, the state must prove its case beyond a reasonable doubt. And in many cases, statements alone are used as the state’s primary or only evidence. If you have been arrested or cited for having committed a felony, it is important that you immediately assert your rights to have an attorney present during any and all questioning. We highly recommend that you immediately consult with a criminal defense attorney before talking to anyone about your case. Your rights can be better protected if you consult with an attorney at the earliest point in the process.

Deciphering felony consequences is confusing and complicated. And, though sentencing depends largely on the crime of conviction and personal criminal history, there are several factors that figure into any final resolution. You should keep in mind that every felony conviction carries with it collateral consequences.

Should you find yourself facing a felony charge and are in need of assistance, call or e- mail our office to schedule an appointment to meet with an attorney. Our attorneys will be able to sort through the issues in your case and develop a plan on how best to handle it.

Jennifer Nash and Nicolas Ortiz have over 40 years of combined experience in preparing for and trying cases. We are dedicated to protecting your rights, whether you are charged with a simple possession of a controlled substance or accused of far more serious charges. We are here to help.

Measure 11

The voting public passed Ballot Measure 11 directing the courts to impose mandatory minimum sentences for convictions for felony person-crimes deemed to be the most serious. Generally, crimes involving a serious physical injury to another person have the potential to be categorized as a Measure 11. Anyone facing charges that fall under the Measure 11 category is facing a potential lengthy prison term. If you find yourself under investigation for a person crime, you should seek the advice of counsel immediately before making any statements to anyone about the situation.

Self-incriminating statements made during an investigation can be used in prosecuting the accused. As with any crime, mere statements offered into evidence can be sufficient for a conviction. Without fully understanding the nature of the allegations or understanding the circumstances under which an investigation was commenced, it would be difficult to determine what, if any, statements would be helpful or harmful.

Jennifer I. Nash and Nicolas Ortiz have vast knowledge and trial experience to help you through the difficult challenges presented when charged with a Measure 11. It is never too soon to seek out the advice of an attorney. We are here to protect your rights and guide you through this complicated, stressful process. Call us, we are here to help.

Sex Crimes

Sex crimes are crimes involving some contact, or attempted contact, with sexually intimate parts. The statutes require the contact to be for the purposes of sexual gratification. The range of potential charges run the entire gamut of the criminal justice system, from misdemeanors to Measure 11s, and on to what we call Aggravated Measure 11 charges. Convictions for any of these crimes carry not only the primary consequence in the sentence imposed, but also collateral consequences that can and will limit one’s mobility and livability. Any particular charge depends on a number of factors, including the alleged victim’s age, the type of contact and the level of contact, as well as other factors. Depending on the specific charges, potential sentences upon conviction range from probation to 25 years in prison.

As with all charges, it is important to protect your rights when charged with sex crimes. Seeking the advice of counsel at the earliest stage possible is the best path to ensuring your rights are protected to the fullest. Keep in mind that anyone can cooperate even while his or her attorney is present during any and all interviews.

Sex crimes are not limited to adults. Youths can also be charged with sex crimes and, upon adjudication, can experience the same collateral consequences as adults. It is important for anyone who has been charged with or is being investigated for a sex crime to seek the advice of an attorney before making any statements to anybody, including friends and family.

Jennifer I. Nash and Nicolas Ortiz, each has over 20 years of experience in preparing and trying cases to juries. That experience includes preparing and trying major and minor sex crimes. Each has the experience to help you navigate through this process from the investigation/pre-charge stage through trial. Call us. We are willing and able to help you through this difficult time.

Misdemeanors

There are three different misdemeanor levels which carry different sentencing maximums. The most serious misdemeanors carry a maximum penalty of 1 year in the county jail and a fine of $6250.00. Though many are low level offenses, each carries the possibility of jail time. Upon conviction, oftentimes people find themselves on probation, where the threat of jail time continues. Probation violations can result in a significant amount of jail time stemming from the same case. Many find it more convenient to ‘just plead out’ when confronted with a misdemeanor, believing that to be the most efficient way to ‘take care of’ a case. However, there are potential collateral consequences that may affect a person’s life after the case is ‘done’, including having certain conditions of probation imposed, license suspensions, weapons and gun restrictions, no contact orders with family and friends, and even a no contact order with your own residence. Understanding what could happen is a key element to making an informed decision.

With our experience, we can guide you through the criminal justice system. You can be assured of making a fully informed decision and avoiding nasty and inconvenient surprises. Call us for a case evaluation.

Restraining Orders

A Family Abuse Prevention Act (FAPA) order, commonly known as a restraining order, is initially issued after a court makes a preliminary determination that a Petitioner suffered physical abuse, or that abuse is imminent. These determinations are made while solely considering the Petitioner’s version of events. The Respondent, (anyone who is served with a temporary order of restraint), has a right to a full hearing on the issues. However, to exercise that right, the Respondent must respond to the court upon being served with the documents. There is a limited time to respond and request such a hearing. The documents will contain a temporary order restraining the Respondent from having contact with the Petitioner.

If a hearing is requested, the Petitioner must present sufficient qualifying evidence to a judge. Failing to present qualifying evidence will force a judge to dismiss the matter. Qualifying evidence is evidence that supports the statutory basis for issuing an order of restraint. It is important to know what type of evidence is necessary and relevant when appearing for the hearing. If the Petitioner fails to appear at a hearing, a judge will likely dismiss the matter. If the respondent does not show to a hearing, the temporary order of restraint will remain in place for one year.

Be aware that restraining orders are ‘one-way’ orders, meaning that the order only prevents the Respondent from contacting the Petitioner. It is important for you to know your rights and the potential pitfalls of having a restraining order in place against you.

Contact us and we will help you through the process from start to resolution.