Matthew R. Hoff, Attorney at Law

11/11/2020

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.

07/09/2019

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.

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.

06/19/2019

https://www.matthewhoff.com/sentencing-reform-on-the-horizon-in-washington-state/

Latest blog post from my website. Sentencing Reform Act of 1981 may have a new look in the next few years.

Washington’s criminal sentencing laws have remained the same since 1981.  However, it appears that may change in the foreseeable future.  Yes, the Sentencing Reform Act of 1981 with the assistance of the Council of State Governments Justice Sentence could look vastly different in a couple of yea...

06/10/2019

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.

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.

04/27/2019

Older blog post but important nevertheless given its recency.

As of January 1, 2019, new laws are in effect in Washington State regarding DUI Administrative Hearings with the Washington Department of Licensing.

04/23/2019

https://www.npr.org/2019/04/23/716248823/court-says-using-chalk-on-tires-for-parking-enforcement-violates-constitution

Unlawful search? According to a three-judge panel of the U.S. Court of Appeals for the 6th Circuit the answer is yes (unanimously).

Physically marking a tire without a warrant is a violation of the Fourth Amendment, a federal appeals court ruled. The amendment protects people from unreasonable searches and seizures.

01/17/2018

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".

Robert McCoy proclaimed his innocence, but his counsel said the evidence showed otherwise.

12/06/2017

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.

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.

10/06/2017

I am extremely proud to be a business partner once again with Portland Homeless Family Solutions in the fight against homelessness in our community. Looking forward to another fantastic auction event this evening:

http://www.pdxhfs.org/phfs-events/2017/10/6/save-the-date-2017-family-reunion

Don’t miss the 10th anniversary of the PHFS Family Reunion Fundraiser! Last year, the 2016 Family Reunion Fundraiser made a record-breaking $127,000 to provide support to families experiencing homelessness - all thanks to our amazing supporters! This year's event will include an evening of exc

07/27/2017

http://www.pbs.org/newshour/bb/new-jersey-eliminates-cash-bail-leads-nation-reforms/

In states across the country, a cash bail system can mean that poor defendants remain in jail while wealthier defendants go free. But a model to address those disparities began this year in New Jersey, which has launched some of the most comprehensive bail reforms in the nation. NewsHour Weekend's M...

05/12/2017

http://www.npr.org/sections/thetwo-way/2017/05/12/528086525/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.

04/21/2017

http://www.npr.org/2017/04/20/523436033/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.