OREGON CRIMINAL LAW GUIDE

I just got arrested / cited for an Oregon criminal charge.  What happens now?

If you were arrested for a misdemeanor or a low level felony charge, you were probably given a citation or release agreement directing you to appear in court at a future date.  Make sure you know when and where you are scheduled to appear.  Do not miss your court date, and be on time.

If you were arrested for a serious felony charge (or a domestic violence offense), you will most likely be booked into custody and brought before a judge the next business day.  If you are held in custody, you will probably have bail set.  In Oregon, we do not use a bail bond system.  You may be required to post 10% of the bail amount.  For example, on a $50,000 bail, you may be required to post $5,000 to be released.  For lesser felony and most misdemeanor charges, defendants are often released pending trial even if they are unable to post bail.  

Prior to your first court appearance, the county district attorney's office (or the city attorney's office if you are cited to appear in a municipal court) will review the police reports and make a decision about what charges to file against you.  The prosecutor's office will either (1) issue the same charge(s) that you were arrested for; (2) add, delete, or file different charges against you; or (3)  no-complaint your case (issue no charges against you). 

You will find out exactly what charges you're facing at your first court appearance.  [This court appearance is sometimes referred to as an arraignment or an initial appearance.]   

What should I do if I suspect that I am under investigation for a criminal offense?

Adopt my Ten Habits of Highly Successful Criminals (though the title is tongue in cheek, the advice is genuine):

  1.  When contacted by law enforcement, invoke your right to silence.  Do not make admissions; do not confess; do not lie.  Simply say, "I don't want to speak with you."  Repeat this as many times as it takes. Confession may be good for the soul but it is the single most damaging thing you can do to yourself in a criminal investigation.

  2.  When contacted by law enforcement, invoke your right to counsel.  Tell the officer, “I want a lawyer.”  Repeat this over and over.  Be polite but firm. 

  3.  Do not allow yourself to be manipulated by the police.  The best police interrogators are master manipulators.  When an officer says, "Why do you need an attorney if you're innocent?" he is attempting to manipulate you into waiving your constitutional rights to silence and counsel.  Refer again to Habits 1 and 2.

  4.  Do not consent to any search.  Always insist that the police get a search warrant.  [If the police have a valid search warrant, they are permitted to search over your objection.]

  5.  Do not take a police polygraph (lie detector) examination.  Refer again to Habit 3.  [Discuss whether a private polygraph examination is in your best interest with your attorney.]

  6.  Beware of the pre-text phone call.  When investigating certain crimes, especially sex offenses, law enforcement may direct the complaining witness to telephone the suspect in an attempt to elicit admissions or other incriminating statements.  Unbeknownst to the suspect, these calls are monitored by law enforcement, are recorded, and will be played at your trial.

  7.  Beware of the computer.  Email, instant messages, browser history, digital photographs, and other information stored on your hard drive may be accessed by law enforcement computer specialists even when you think it has been deleted.  Craigslist, Facebook, Twitter, and MySpace are not your friends.  Remember the words of Eliot Spitzer, "Never write when you can talk. Never talk when you can nod. And never put anything in an email."

  8.  Beware of cellular phones.  Detailed call records, voice mail messages, photographs, text messages, and suspect tracking though triangulation frequently aid law enforcement investigations.

  9.  Contact an experienced criminal defense lawyer as soon as you believe you are under investigation.

10.  Beware of jail telephone calls.  Law enforcement monitor and record jail calls.  Don't talk about your case with anyone (other than your lawyer) on a jail phone; don't talk to the complaining witness (victim) on your case; don't threaten anyone.   

How much jail / prison time will I have to do if I am convicted?  What will be my punishment?

By definition, conviction of any criminal offense comes with the possibility of jail / prison time.  However, many convictions result in little or no time in custody.  The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following:

•  the crime(s) for which you're convicted;

•  your criminal history, if any;

•  which Oregon county court or municipal court your case is in;

•  what judge you are sentenced by;

•  whether the judge feels you have accepted responsibility for your actions.

What is the difference between jail and prison?

Jail refers to your local county detention facility e.g. the Multnomah County Jail / Clackamas County Jail / Washington County Jail.  People generally serve time in jail if they are being held pending trial or if they are serving a sentence of a year or less. 

Prisons are state correctional facilities where people generally serve sentences greater than one year.

I really don't want to go to jail or prison.  Is there any way to avoid time in custody?

Maybe.  Some jurisdictions offer alternatives to short jail sentences.  These may include community service, work release, work crew, home confinement also known as electronic monitoring.  Sometimes jail (for sentences of one year or less) or prison (sentences of more than one year) is the only option.  Talk to your lawyer about what may be available to you.  Some serious felony (Ballot Measure 11) crimes come with lengthy mandatory minimum prison sentences.

What is the maximum penalties that I face for the crime(s) I'm accused of committing?

In Oregon (and nationwide), felonies are the most serious crimes and misdemeanors are considered less serious.  In Oregon, both felonies and misdemeanors are classified by degrees of seriousness.

Keep in mind that there are a few exceptions to the above table.  First, there are a small number of unclassified misdemeanors and unclassified felonies.  Second, there are a few mandatory minimum statutes that can supersede the maximums described above.  Realistically, few people ever receive the maximum jail / prison time or fine.

What other kind of penalties might I face if I'm convicted of a crime?

If you're convicted of a misdemeanor and many felony crimes, you will almost certainly be placed on probation for a year or more.  While on probation, Oregon law requires you to comply with a number of standard conditions of probation.  These include: 

• Paying monthly supervision fees, court fines, restitution and other fees ordered by the court [the court does not bill you each month; it is YOUR responsibility to remember to make your  monthly payments];

• Not using or possessing any controlled substances except pursuant to a valid prescription;

• Submitting to (urine or other) testing for controlled substance or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances;

• Participating in a substance abuse evaluation and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse;

• Remaining in Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency (hereinafter, the probation department);

• If physically able, finding and maintaining full-time employment, approved schooling, or a full-time combination of both;

• Changing neither employment nor residence without prior permission from the probation department;

• Permitting the parole and probation officer to visit the probationer or the probationer’s work site or residence and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the probationer;

• Consenting to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the probation department;

• Obeying all municipal, county, state and federal laws;

• Promptly and truthfully answering all reasonable inquiries by the probation department;

• Not possessing weapons, firearms or dangerous animals;

• Participating in a mental health evaluation as directed by your probation officer and follow the recommendation of the evaluator;

• Reporting as required and abide by the direction of your probation officer.

Will I get the bail back that I posted to get released from custody?

Assuming that you make all your court dates, bail is refunded to whoever posted it a few weeks after your case is over / closed.  The Sheriff's Office does keep a portion of the bail amount as an administrative (because we can) fee.  If you fail to appear for court, bail is forfeited.  Sometimes the court, orders that fines / fees / restitution be paid out of whatever bail has been posted in a case.  If you owe back child support, fines on other cases, etc. the State will apply the posted bail to these older matters as well.  Keep this in mind before you post bail for a friend or family member.

Will I lose right to vote if  I'm convicted of a felony?

You will  not be able to vote if  you're incarcerated; however, once released you will be able to vote.

Since my arrest I've received letters from various lawyers / treatment providers.  How did these people find out that I was arrested?

In Oregon, adult arrest and suspension records are "public records" and are subject to disclosure upon written request.  Some attorneys and treatment providers make public record requests from government agencies in order to obtain a list of persons arrested for certain offenses.  After receiving the arrest / suspension information, the firm sends a letter outlining their services.  Keep in mind that even though these records are "public," individual records are usually not accessible unless specifically requested. 

Mug shots are also public records which is why they often end up on the internet.

Will I be able to vacate, seal or expunge my arrest or conviction?

Maybe.  Oregon law does allow some arrests and convictions to be sealed / expunged.  Generally, only certain misdemeanors and low level felony convictions can be expunged.  Oregon law does not allow an individual to seal or expunge sex crime convictions, most traffic arrests or any traffic convictions, Class A felony convictions (except racketeering), and nearly all Class B felony convictions. 

Talk to an Oregon criminal defense attorney for specifics on your situation.  It is highly recommended that you move to expunge your arrest / conviction just as soon as you are eligible to do so.

Am I required to notify anyone if I am arrested or convicted of a crime?

Effective January 1, 2010, If you are a health professional that is (1) license by; or (2) certified by; or (3) registered with one of the following Boards?

• State Board of Examiners for Speech-Language Pathology (speech pathologists) and Audiology;

• State Board of Chiropractic Examiners (chiropractors);

• State Board of Clinical Social Workers (LCSW);

• Oregon Board of Licensed Professional Counselors and Therapists;

• Oregon Board of Dentistry (Dentists);

• Board of Examiners of Licensed Dietitians;

• State Board of Massage Therapists;

• Board of Naturopathic Examiners (Naturopathic Physician);

• Oregon State Board of Nursing (Nurse, RN’s);

• Board of Examiners of Nursing Home Administrators;

• Oregon Board of Optometry (Optometrists);

• State Board of Pharmacy (Pharmacists);

• Oregon Medical Board (Doctors, Physicians, Surgeons);

• Occupational Therapy Licensing Board (Occupational Therapists);

• Physical Therapist Licensing Board;

• State Board of Psychologist Examiners;

• Board of Radiologic Technology (Radiology Technicians);

• State Board of Direct Entry Midwifery (Midwifes);

• State Board of Denture Technology (Denturists);

• Respiratory Therapist Licensing Board;

• Department of Human Services, to the extent that the department certifies emergency medical technicians (EMT’s);

• Oregon State Veterinary Medical Examining Board (Veterinarians, Vets); or

• State Mortuary and Cemetery Board.

If so, you must self-report either a misdemeanor or felony conviction within 10 days of the conviction or if you are arrested for a felony, you must report the arrest within 10 days of the arrest.  Speak to your attorney for more information.

What is meant by the term "criminal offense" or "crime?"

A crime is an offense for which a sentence of imprisonment (either jail or prison) is authorized.  Crimes are classified as either a felonies or a misdemeanors.

What is a misdemeanor?

A crime is a misdemeanor if the statute designates the offense as a misdemeanor or if the maximum term of imprisonment is not more that one year.  Misdemeanors are classified as either Class A misdemeanors; Class B misdemeanors; Class C misdemeanors; and unclassified misdemeanors.

What is a felony?

A crime is a felony if the statute designates the offense as a felony or if the maximum term of imprisonment is more than one year.  Felonies are classified as either Class A felonies; Class B felonies; Class C felonies; and unclassified felonies.

When does my misdemeanor / felony fall off my record?

Crimes never come off your record unless you move to seal / expunge your record and that motion is granted by the court.  If you're convicted of a crime it will remain on your record forever unless and until you have it expunged.  If your case / charge is dismissed, you'll have no conviction but the arrest will remain on your record unless the arrest is sealed / expunged. 

Tip:  As soon as you're eligible to seal your arrest / conviction record do so immediately.

How do I contact David Lesh for help with my case?

Mr. Lesh does not charge for an initial consultation.  Call his office at 503.546.2928 to speak with him.  Mr. Lesh's law office is located at 434 NW 19th Avenue in Portland, Oregon.