Brandon C. Foy

Brandon C. Foy

The Law Office of Brandon Foy, P.C.
  • DUI & DWI, Criminal Law, Domestic Violence
  • Oregon
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Summary

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.

Practice Areas
  • DUI & DWI
  • Criminal Law
  • Domestic Violence
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Oregon
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Languages
  • English: Spoken, Written
Professional Experience
Shareholder
The Law Office of Brandon Foy, P.C.
- Current
Technical Sergeant
United States Air Force - Air National Guard
- Current
Associate Attorney
Bendixsen Law, P.C.
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Deputy District Attorney
Umatilla County District Attorney's Office
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Education
Lewis & Clark Law School
J.D. (2015)
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University of Alaska - Anchorage
B.B.A. (2008) | Finance
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Honors: Cum laude
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Professional Associations
Oregon State Bar # 151817
Member
Current
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Oregon Criminal Defense Lawyers Association
Member
- Current
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6th Judicial District Bar Association
Member
- Current
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Websites & Blogs
Website
The Law Office of Brandon Foy, P.C.
Legal Answers
8 Questions Answered

Q. have a felony convictions in oregon for burg 2 one in California for burg 2 20 years ago would like restore gun rit
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.
Q. What can happen to me?
A: You should not post online about or otherwise discuss this incident with anyone until you speak privately with an attorney. You can seek one out on your own, or you can contact the Oregon State Bar's Lawyer Referral Service. This service can refer you to a local lawyer who might be able to assist you with your legal matter, and entitles you to an initial consultation of up to 30 minutes for a maximum fee of $35. Any fees attorneys charge beyond the initial consultation, however, are not set and must be arranged between you and the lawyer. The Lawyer Referral Service's hours are 8 am to 5 pm Monday-Friday, and they can be reached by phone at (503) 684-3763. You can also complete their Online Referral Request Form at https://www.osbar.org/public/ris/lrsform.html. I wish you the best in finding an attorney to assist you and in getting this matter figured out.
Q. I was arrested, but never read my rights. How does this affect my case?
A: The answer depends on how much, if any, of the case against you is based on statements you made during police interrogation while in their custody. If this happened before being advised of your Miranda warnings you might be able to have such statements and any evidence gained because of them excluded from the prosecution’s case against you. That said, even if the court excludes this evidence the prosecution may still have other sufficient admissible evidence to prove your guilt. You should consult with an attorney about this and other possible ways to help you achieve the best-possible outcome. Best of luck to you.
Q. My 17 year old son was arrested October 14th for a DUI with marijuana. How long do we have to wait for a court date.
A: If there was no date on the citation (or no citation at all) there will like be no court date until the court receives charges from the city or county prosecutor’s office. The court would then create the case in their system and set a first date for your son to appear. So, to answer your question, it could be several weeks or months and as much as two years from the incident date that charges are filed. In the meantime he should plan for the worst and hope for the best. It’s never to early to consult with an attorney about your son’s options and I recommend that you all do so as soon as possible. I wish your son the best of luck in putting this behind him.
Q. What makes me eligible for diversion for theft 2? First time offender. 20 y/o with no prior misdemeanors or felonies.
A: One possibility is for the prosecutor to consent to a diversion pursuant to ORS 137.533, which may be available to those without any prior convictions or diversions. That said, this statute is clear that the prosecutor must be the one to ask the court for the diversion, so sometimes it takes more than simply being a first time offender to get them on board. You should consult with an attorney about your options, especially if the prosecutor is not offering the diversion to you up-front. Best of luck to you!
Q. Can I purchase and own a firearm while still completing diversion for DUII in Multnomah county OR?
A: Review your court documents carefully and consult with an attorney if you any further questions about your obligations arising out of your case. If you had an attorney to help you enter diversion I would reach out to them first. That said, DUII Diversion Agreements with Oregon courts typically include no restriction on your ability to use or possess firearms. Rather, they usually require you to do only the following: a) Pay the required diversion fees and any restitution ordered; b) Complete an alcohol and drug abuse assessment and any recommended treatment; c) Attend a victim impact panel as ordered by the court; d) Not use alcohol or other intoxicants except as expressly allowed in the Explanation of Rights and DUII Diversion Agreement itself; e) Install and use an approved Ignition Interlock Device (IID) if ordered by the court; and f) Keep the court advised of my current mailing address. Best of luck to you.
Q. In oregon is it legal to carry a multitool with a knife in my pocket
A: Oregon’s carrying concealed weapons law (ORS 166.240) makes it a Class B misdemeanor to carry concealed on your person: - any knife with a blade that projects or swings into position by force of a spring or centrifugal force; - any dirk, dagger, ice pick, slungshot, metal knuckles; or - any similar instrument that could be used to inflict injury. So no concealed switchblades, brass knuckles, etc. However, mere pocketknives with folding blades are okay. Yours sounds like a mere pocketknife, but keep in mind that the statute could be read more broadly and you could be cited for violating it. Further, cities and counties sometimes have more restrictive laws that might make it illegal to carry your knife concealed on your person. Either way, be smart out there and consult with an attorney with this and any other legal questions. Best of luck to you.
Q. I got a dui and the cop put down the wrong time can I get out of it
A: The short answer is probably not. The incident date/time is one element of the crime that must be proven beyond a reasonable doubt, but the charging document (i.e., the ticket from the officer, or an information of misdemeanor later issued by the prosecutor) usually includes the term “on or about” to describe the indcident date/time, which relieves them from having to prove the exact time of the incident. That said, you should consult with an attorney to explore your options as soon as possible. Best of luck to you.
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Contact & Map
The Law Office of Brandon Foy, P.C.
165 W Coe Avenue
Stanfield, OR 97875
USA
Telephone: (541) 656-6852
Fax: (541) 656-3016