Best Criminal Defense Lawyers in Oregon

About Criminal Defense Law in Oregon, United States

Criminal defense law in Oregon governs how individuals accused of crimes are prosecuted and protected under the state and federal constitutions. When someone is charged with a crime, they have legal rights and protections to ensure fair treatment by law enforcement and the courts. The goal of criminal defense is to protect those rights and advocate for the best possible outcome, whether that means getting charges dismissed, reduced, or proceeding to trial. Oregon criminal statutes cover a range of offenses, from minor misdemeanors to serious felonies, each with unique legal processes and potential penalties.

Why You May Need a Lawyer

Facing criminal charges can be overwhelming and intimidating. Here are common situations where people may require assistance from a criminal defense lawyer:

• Being arrested or charged with a crime, including DUII (Driving Under the Influence of Intoxicants), theft, assault, drug crimes, or more serious felonies.
• Receiving a summons to appear in court for a criminal matter.
• Being under investigation by law enforcement, as anything you say or do may impact your case.
• Dealing with probation violations, parole hearings, or accusations of non-compliance with court orders.
• Seeking expungement or record sealing to clear past criminal convictions from your record.
• Being served with a restraining order or protective order with potential criminal consequences.

A lawyer can help you understand your rights, develop a defense strategy, negotiate with prosecutors, and represent you in court to achieve the best possible result.

Local Laws Overview

Oregon’s criminal justice system is governed by the Oregon Revised Statutes (ORS), especially ORS Chapters 161 through 167 dealing with crimes and punishments. Some important aspects of Oregon law to know include:

• Mandatory Arrests in Domestic Violence Cases: Oregon law requires police to make arrests in certain situations, especially where domestic violence is alleged.
• Drug Laws: Oregon has decriminalized personal-use possession of some drugs, but distribution, manufacturing, and possession of certain quantities remain serious offenses.
• DUII Laws: Oregon imposes strict DUII laws, including automatic license suspension and enhanced penalties for repeat offenders.
• Measure 11 Sentencing: Certain major felonies, including assault, robbery, and some sex crimes, carry mandatory minimum prison sentences under Measure 11.
• Expungement and Record Sealing: Oregon allows for the expungement (setting aside) of certain convictions after a waiting period, provided eligibility requirements are met.
• Juvenile Justice: Juveniles accused of crimes may be processed through a different system focused on rehabilitation, though serious offenses can result in transfer to adult court.

Understanding these and other local criminal laws is crucial to protecting your rights and navigating the justice system in Oregon.

Frequently Asked Questions

What should I do if I am arrested in Oregon?

Remain calm, exercise your right to remain silent, and request an attorney immediately. Do not answer questions or consent to searches without legal advice.

How are misdemeanors and felonies different in Oregon?

Misdemeanors are less serious crimes that typically carry jail time up to one year, while felonies are more serious and can result in longer prison sentences and more severe penalties.

Can I get a public defender in Oregon?

Yes, if you cannot afford to hire a private attorney, you may qualify for a public defender appointed by the court to represent you.

What is Measure 11?

Measure 11 is an Oregon law that sets mandatory minimum prison sentences for certain serious crimes, including some violent and sex offenses, with no possibility for early release.

What happens if I violate my probation?

A probation violation can result in additional penalties, including possible jail or prison time. You are entitled to a hearing to contest the alleged violation.

How does bail work in Oregon?

Bail in Oregon allows a person accused of a crime to be released from custody while awaiting trial, usually by paying a set amount of money or posting security to ensure appearance in court.

Can criminal records be expunged in Oregon?

Yes, some criminal convictions can be expunged (set aside) under certain conditions, but eligibility varies based on the type of conviction, the time elapsed, and whether you have completed all sentence requirements.

Should I talk to the police if I am innocent?

It is always safer to consult a lawyer before speaking to the police, even if you are innocent. Statements you make can sometimes be misunderstood or used against you.

How long does a criminal case take in Oregon?

The length of a criminal case can vary, depending on the complexity, whether a plea agreement is reached, or if the case proceeds to trial. Some cases resolve quickly, while others take months or longer.

What are my rights during a criminal investigation?

You have the right to remain silent and the right to an attorney. You do not have to consent to searches or answer questions without legal representation present.

Additional Resources

If you need further information or assistance, the following resources may be helpful:

• Oregon State Bar Lawyer Referral Service: Offers referrals to criminal defense attorneys.
• Oregon Public Defense Services: Provides information about public defenders and legal aid for those unable to afford private representation.
• Oregon Judicial Department: Access to court forms, procedures, and public records.
• Oregon Criminal Defense Lawyers Association: Resource for information on criminal defense law and finding qualified attorneys.
• Oregon Innocence Project: Supports those who believe they have been wrongly convicted.

Next Steps

If you or someone you know is facing criminal charges in Oregon, it is important to act quickly to protect your rights. Here are steps you should take:

1. Avoid speaking to the police or making statements without a lawyer present.
2. Contact a qualified criminal defense attorney as soon as possible - either through personal referrals, the Oregon State Bar, or the public defender's office if you qualify.
3. Gather any documents, citations, or evidence related to your case.
4. Attend all scheduled court dates and follow your attorney's instructions closely.
5. Use the resources listed above to learn more about your rights and the process ahead.

Having professional legal help can make a significant difference in the outcome of your case. An experienced attorney will help you understand your options, defend your rights, and work toward the best possible result.