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Portland, United States Attorneys in related practice areas.
Criminal defense law covers legal representation and procedural protections for people accused of crimes. In Portland, Oregon, criminal cases are handled primarily under Oregon state law in Multnomah County courts, with some matters in federal court for offenses that violate federal law. Criminal defense lawyers work to protect your constitutional rights, challenge the prosecution's case, negotiate pleas, and represent you at trial. Common case types include traffic-related offenses, driving under the influence of intoxicants - DUII, drug offenses, theft, assault and battery, domestic violence, sex crimes, probation violations, and more serious felony charges.
People need criminal defense lawyers for many reasons. A lawyer can:
- Explain the charges, possible penalties, and the likely procedural steps.
- Protect your constitutional rights - including the right to remain silent and the right to counsel.
- Challenge unlawful arrests, searches, and improperly obtained evidence.
- Evaluate weaknesses in the prosecution's case and advise about defenses.
- Negotiate plea deals or diversion programs when appropriate.
- Represent you at hearings, arraignment, pretrial conferences, and trial.
- Help limit collateral consequences - such as loss of professional licenses, immigration consequences, or difficulty with employment.
You especially need an attorney when charges carry jail or prison time, when complex legal issues are involved, when evidence includes technical matters like forensics or search warrants, or when you face aggravated or repeat-offender penalties.
Understanding local and state law is important in Portland. Key aspects to know include:
- Jurisdiction - Most criminal cases in Portland are prosecuted by the Multnomah County District Attorney in Multnomah County Circuit Court. Federal charges are handled in the U.S. District Court for the District of Oregon located in Portland.
- State statutes - Criminal offenses and penalties are defined in the Oregon Revised Statutes. Oregon differentiates between misdemeanors and felonies based on potential penalties, with felonies carrying more severe sentences.
- DUII - Oregon uses the term DUII for driving under the influence of intoxicants. DUII laws include administrative license actions through the Oregon Department of Transportation in addition to criminal charges in court.
- Drug possession laws - Recent criminal policy changes in Oregon, including decriminalization measures for small amounts of certain controlled substances, affect how possession cases are handled. However, trafficking, distribution, and possession above statutory limits remain criminal offenses.
- Pretrial procedures - After arrest, you typically have an initial appearance or arraignment where charges are read and plea entered. Pretrial detention, bail, or release conditions may be set by the court.
- Diversion and alternative programs - Multnomah County and Oregon courts may offer diversion programs, problem-solving courts, and specialty dockets for issues like mental health, addictions, or veterans treatment. Eligibility varies by offense and defendant history.
- Local ordinances - The City of Portland has municipal codes that cover disorderly conduct, trespass, and other offenses enforceable by Portland Police Bureau. Municipal violations may carry fines or local penalties.
Stay calm, state that you wish to remain silent, and ask to speak with an attorney. Do not consent to searches of your person, vehicle, or home. Provide identifying information if required, but avoid giving explanations about the incident without your lawyer. If you are detained, ask when you will see a judge and request counsel.
After an arrest, you will generally have an initial appearance or arraignment within a short period - often within 24 to 48 hours, excluding weekends and holidays. The exact timing depends on local booking procedures and whether you are held on weekends or transferred to court. At that appearance, charges are read and bail or release conditions may be addressed.
While misdemeanors often carry lighter penalties than felonies, a lawyer is still valuable. Even a misdemeanor can lead to fines, jail time, probation, and long-term consequences like employment and housing difficulties. A lawyer can negotiate reduced charges, diversion, or alternative sentencing.
State charges are violations of Oregon law prosecuted in state courts. Federal charges arise from violations of federal statutes and are prosecuted by the U.S. Attorney in federal court. Federal cases often involve different procedures, potentially harsher penalties, and no jury pools tied to local county courts. An experienced lawyer will know whether you face state or federal exposure and advise accordingly.
Yes, a court can exclude evidence if it was obtained in violation of your constitutional rights - for example, without a valid search warrant or probable cause, or after an unlawful stop. Filing a motion to suppress evidence is a common defense tactic. Whether a motion succeeds depends on the facts of the search and applicable law.
Defenses vary by charge but can include lack of intent, mistaken identity, alibi, illegal search or seizure, coerced confession, entrapment, and insufficient evidence. Some cases may be resolved by challenging witness credibility or forensic methods. A lawyer evaluates facts to develop the strongest defense strategy.
Plea bargaining is a negotiation between the defense and the prosecutor where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions - such as reduced charges, lower sentencing exposure, or alternative sentencing. Judges must approve plea agreements. A lawyer helps evaluate offers and advise on whether a plea is in your best interest.
Oregon law allows for certain records to be set aside or vacated, and for limited expungement in some circumstances. Eligibility depends on the offense, the outcome, and your criminal history. Some convictions can be vacated after a waiting period or as part of post-conviction relief. Consult a lawyer to determine eligibility and the correct process.
DUII cases may trigger both criminal proceedings and administrative actions against your driver license through the Oregon Department of Transportation. Administrative license suspension can occur quickly after an arrest, independent of the criminal case. You need to act promptly to challenge administrative suspensions within required deadlines, and an attorney can help with both administrative and criminal defense steps.
Costs vary by lawyer experience, case complexity, and whether the matter goes to trial. Many lawyers offer flat fees for routine matters and hourly billing for complex or litigated cases. Public defender services are available for eligible low-income defendants. Ask about fees, billing practices, and what services are included during your first consultation.
When seeking help, the following local and state organizations can be useful resources:
- Multnomah County Circuit Court - handles most state criminal matters in Portland and can provide court schedules and filing information.
- Multnomah County District Attorney - prosecutes criminal cases at the county level and maintains information about victim services and charging policies.
- Multnomah County Public Defender or Office of Indigent Defense - provides legal defense for eligible low-income defendants.
- Portland Police Bureau - the primary law enforcement agency in the city for reporting incidents and obtaining police reports.
- Oregon State Bar - offers lawyer referral services and resources about finding and hiring an attorney.
- Legal Aid Services of Oregon - offers civil legal help and can refer individuals to appropriate criminal defense resources where applicable.
- Oregon Criminal Defense Lawyers Association - a professional group with resources and referrals for defense attorneys.
- Oregon Judicial Department - provides information about state court processes and judicial rules.
- Victim Assistance Programs - Multnomah County and the Oregon Department of Justice maintain victim services and information for people affected by crime.
If you need legal assistance in Portland, take these practical steps:
- Preserve records and evidence - Save any police reports you receive, photos, videos, medical records, witness names, and other documentation related to the incident.
- Do not speak about the case publicly - Avoid posting details on social media and avoid discussing the incident with others without your attorney present.
- Seek legal counsel quickly - Contact a criminal defense lawyer for a consultation. If you cannot afford one, request a public defender at your first court appearance or ask local legal aid organizations for guidance.
- Act on time-sensitive matters - For example, administrative license challenges after a DUII arrest often have strict deadlines. Ask your lawyer about critical filing dates.
- Prepare for your first meeting - Bring identification, any paperwork you have, a clear timeline of events, and contact information for potential witnesses.
- Consider defense options - Discuss possible defenses, diversion programs, or pretrial resolution options with your attorney so you understand likely outcomes and trade-offs.
Getting timely legal advice improves your ability to protect rights and pursue the best possible outcome. An experienced local criminal defense lawyer will explain options, represent you before the court, and guide you through each stage of the process.
