GETTING ACCUSED: Being accused of a crime is one of the most stressful, surprising, and frightening experiences a person may ever face. Because of this, some people walk through the police investigation with little thought as to how their behavior may influence the outcome of the situation. The police officer is not your pastor. You do not have a legal or even moral duty to turn the police investigation into a confessional. A confession, while showing your heart may be in the right place, can have dramatic long-term consequences. If the police have called you and want to ask you questions, get a good lawyer before saying anything to them. They may tell you they are going to arrest you unless you cooperate and answer their questions. Respond again by telling them you want a lawyer. If they keep asking you questions, tell them you want a lawyer present until they stop asking questions, even if it means your arrest. If you have already spoken to them once, NEVER grant a second interview. I have never read a police report where the officer said, “The accused told me the same exact thing during both interviews.” In other words, when someone talks to the police twice, the officer almost always ends up saying they were told two “different stories” by the accused.

Often the best time to get an attorney is BEFORE the police investigation is complete and BEFORE the prosecutor files charges against you. I have successfully helped many clients avoid being charged by helping the client to gather proof of their innocence the police or the prosecuting attorney otherwise might not know about. An ounce of prevention is worth more than a pound of cure–if you can avoid getting charged with a crime, you are infinitely better off than having to face these charges in court.

WHAT ARE YOU ACCUSED OF? There are three categories of offenses for which someone can be cited. The first, a “violation” is not a crime. Common examples are littering, speeding, illegal lane change, etc. The court can not impose jail time for a violation–only a fine. The second, a “misdemeanor” is a lower level of crime category. There are three levels of misdemeanors, Class A, B and C. The third, a “felony” is the most serious of the crime categories, with classifications of Class A, B and C. The table below shows the MAXIMUM penalties available to the court if you are convicted or found guilty:

BALLOT MEASURE 11 CRIMES. Some felonies have a mandatory sentence attached to them. When Oregon voters placed mandatory prison sentences on certain crimes in 1994, they took power out of the judges’ hands to issue different sentences based on the unique facts of each case. In some ways, that power was transferred to the District Attorneys who have the power to plea bargain a case out of the Ballot Measure 11 sentence. If you are guilty of the crime or are found guilty, avoiding a mandatory ballot measure 11 sentence is not easy, but can be accomplished. There are a small number of statutory exceptions you might fit into. There are also factors the court can consider to allow a departure from the mandatory sentence. The most common way to avoid a Ballot Measure 11 sentence is settlement negotiations. It is occasionally possible to procure a dismissal of the charges when the facts merit it. The District Attorney may also reduce the charge to an “Attempt”, which moves the crime out of the ballot measure 11 arena. The following table represents the ballot measure 11 offenses at the time of the site creation:

OREGON SENTENCING GUIDELINES: Oregon has a sentencing guideline scheme that may require you to do a certain amount of jail/prison time even for non-ballot measure 11 crimes. The sentencing guidelines take into account your prior criminal history. Multiple person to person class A Misdemeanors can be stacked up against you. Past person to person crimes, especially person to person felonies count against you the most when computing where you fit into the sentencing guidelines. My negotiations with the District Attorney can often influence how you are charged and how you come out in the sentencing guidelines.

GETTING ARRESTED: Not everyone who arrested is charged with a crime. It depends on the seriousness of the offense, your past history, and available jail space. Often an arrest is up to the discretion of the police officer. How you and your attorney treat the investigating officer can be a factor here. Whether you are held by the jail depends on many factors, including the seriousness of the crime, available jail space, etc.

BAIL: Different counties have different bail schedules. You don’t have to pay the whole bail amount, just a security deposit. For example, if the bail is ordered to be $50,000.00 one must pay 10% or $5,000.00. You might not see this money again. If the accused fails to appear at a court event, they will be arrested, bail will be forfeited and no bail will likely be set again. Bail is also often used to pay fines if the accused is convicted. When bail is returned, the state keeps 15% of the original posting amount as a transaction fee. In the above example, they would keep $750.00 of the $5,000.00 and return $4250.00 to the person who posted the bail.

THE FIRST APPEARANCE: This is the date you are first ordered to appear in court. If you have been cited to appear in court, without an arrest, you will not likely be arrested at the first appearance, although you may need to go to the jail to be booked and fingerprinted. At this hearing you and your attorney will be provided “Information” which sets forth the crimes and facts alleged against you. Don’t be surprised–you are not always charged with the same crimes by the District Attorney as is on your original police citation. Most people like to have an attorney for this appearance. Do not give an explanation of the event to the judge as what you may say can be used against you. Do not enter into early agreements to settle without the assistance of an attorney.

PRELIMINARY HEARING/GRAND JURY: The prosecuting District Attorney can not charge you with a felony unless a group of citizens decides the state has probable cause to charge you. The grand jury process is secretive. You will know of the date of it, but rarely will you participate in it. Your attorney will not be present and the end result is almost always a “true bill” or indictment authorizing the prosecuting attorney for the state to proceed against you.

PLEA AGREEMENTS: The District Attorney in some counties clearly defines what sentencing recommendation they will make to the judge if you admit to a crime. Some counties do not make plea offers like this. While the judge is not bound by what the District Attorney recommends, they typically adopt the recommendation in counties where specific plea offers like this are made. In other counties when the defendant enters a “Guilty” or “No-Contest” plea, the sentencing is decided by the judge after argument.

SENTENCING: Unlike Perry Mason movies, not everyone is innocent. When a defendant is found guilty by their admission or by trial, sentencing must occur. A good lawyer can make a big difference at the sentencing phase of a case.

PROBATION VIOLATIONS: When the court or your probation officer tells you to do something and your probation officer or the District attorney thinks you are not in compliance, they will ask you to appear before them and offer an explanation. We help clients with probation violation cases as well.

I DID IT: Most of the accused I represent frankly admit they are guilty. Often they simply want experienced and thoughtful representation through what can be a very scary and stressful time of their life. In these instances, competent legal representation can be a much better anti-dote for sleeplessness than sleeping pills.