Brandon C. Foy

I focus on criminal defense and strive to ensure that my clients receive a just and fair outcome. Prior to starting my own law firm I was an associate attorney at Bendixsen Law and served as a Deputy District Attorney with the Umatilla County District Attorney's Office, and as a special prosecutor with the Multnomah County District Attorney's Office.

I have significant courtroom experience on both the defense and prosecution side and have completed many jury and bench trials. During law school at Lewis & Clark I participated in the Lewis & Clark Legal Clinic where I represented clients in various matters including income-tax, landlord-tenant, and stalking orders.

I believe in what I do and take pride in guiding people through the criminal justice process so they can move on with their lives.

• Credit Cards Accepted

Oregon

Since 2015

Shareholder

The Law Office of Brandon Foy, P.C.

2017 - Current

Technical Sergeant

United States Air Force - Air National Guard

2003 - Current

City Prosecutor

City of Hermiston, Oregon

2020 - 2020

As the City Prosecutor I made charging decisions on the Class B and C misdemeanor crimes occurring in the Hermiston city limits, and advised officers on criminal and violation matters.

Associate Attorney

Bendixsen Law, P.C.

2016 - 2017

Deputy District Attorney

Umatilla County District Attorney's Office

2015 - 2016

Lewis & Clark Law School

J.D. (2015)

2011 - 2015

University of Alaska - Anchorage

B.B.A. (2008) | Finance

2005 - 2008

Honors: Cum laude

Oregon State Bar  # 151817

Member

Current

Oregon Criminal Defense Lawyers Association

Member

2017 - Current

6th Judicial District Bar Association

Member

2017 - Current

Q. I appeared at my court date for a DUI charge and no charges were filed. Can they re-cite me?

November 21, 2020

A: Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.

This process often extends passed the court date on the original citation, which makes it all the more confusing and frustrating for those who show up on their citation date expecting to face their case and find out like you did that it was not even filed in the first place. You should consult with an attorney as soon as possible to find out how to best proceed.

Q. Will they still prosecute me when they allowed me to drive?

February 20, 2020

A: The local prosecutor reviews criminal citations issued by officers and is responsible for filing them with the court if they wish to pursue criminal charges. The officer likely said it will probably dropped based on prior instances where the prosecutor did not file a DUI case with a BAC at, near, or below 0.05.

That said, you should plan on it being filed and contact an attorney as soon as possible for more information and to see how to best proceed with this.

Q. have a felony convictions in oregon for burg 2 one in California for burg 2 20 years ago would like restore gun rit

January 17, 2019

A: Contact attorneys in Oregon and Washington that practice in expunction/expungement and felony rights restoration. You may need two separate attorneys unless you can find one licensed to practice in both states. I cannot speak for your options under Washington law because I am not licensed to practice law there, but the following is a summary of some of the options you may have under Oregon Law depending on the circumstances:

1) File a Set Aside Motion ("Expunction") under ORS 137.225: eligible applicants can file a motion to have records of arrest and/or conviction for certain crimes to be set aside and sealed. Successful applicants are deemed for purposes of the law to not have been previously convicted, or arrested, cited and/or charged. This is commonly (and incorrectly) referred to as "expungement," with the important difference that the records are "sealed" and not "destroyed". Fees for filing and fingerprinting may apply.

2) File a Motion to Reduce Felonies to a Misdemeanor under ORS 161.705: those convicted of any Class C felony or certain Class A and B felonies can seek to have the court reduce it to a Class A misdemeanor. The applicant must demonstrate to the court that the nature and circumstances of the crime and their history and character show that it would be unduly harsh to continue to sentence them for a felony. No filing fee is required for this motion.

3) Petition for Relief from Prohibition Against Possessing or Receiving Firearms under ORS 166.274: the applicant must

demonstrate by clear and convincing evidence that they are not a threat to the public or themselves.

All of the above processes may require a hearing, which can sometimes be avoided if local law enforcement and/or the prosecutor's office do not oppose the request. Contact an attorney to discuss these and any other possible options you might have to get this taken care of. Best of luck to you. ... Read More