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OREGON BALLOT
MEASURE ELEVEN LAW GUIDE



David N Lesh

Attorney at Law

Call today:  (503) 546-2928
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GUIDE TO BALLOT MEASURE 11 LAWS IN THE STATE OF OREGON

My family member was just arrested for an Oregon Ballot Measure 11 offense.  What happens now?

 

When a person is arrested for a Ballot Measure 11 crime, they are booked into custody and held unless they are able to post a very high bail amount.  The defendant is then arraigned (the initial court appearance) on the charge(s) the next business day. 

How is Ballot Measure 11 significant to my case?

Ballot Measure 11 has two main components.  First, it mandates that 15, 16, and 17 year olds that are charged with specified offenses (see list below) are automatically charged as adults in adult (circuit) court. 

 

Second, it requires lengthy mandatory minimum penalties if you're convicted of one of these same specified offenses. 

 

A third issue:  Ballot Measure 11 crimes generally come with very high bail amounts.  Therefore, most people charged with these offenses are held in custody until their case is concluded.

How do I know if I've been charged with an Oregon Ballot Measure 11 crime?

Below is a list of Measure 11 offenses (found in ORS 137.700) and the mandatory prison sentence to be imposed if a defendant is convicted of the offense: 

Is there any way to get less prison time on these Oregon Measure 11 offenses?

Sometimes, yes; sometimes, no.  For some of the less serious Measure 11 crimes, the defendant may qualify for a lesser (but still substantial) sentence.  For most Ballot Measure 11 convictions, the court has no choice but to impose, at a minimum, the prison sentences outline above in the defendant is convicted of the charge.

 

Often, an attorney may be able to obtain a negotiated settlement (plea-bargain) of a Measure 11 charge that can involve being convicted of a lesser offense.  The lesser offense may be a non-Measure 11 offense with less severe penalties. 

 

Keep in mind that most DA's Offices will not offer a probation sentence on a Measure 11 charge.  Usually, the negotiated settlement involves a prison sentence albeit less prison than a Measure 11 conviction would carry.

 

Another way to get less (or no) time is to take the case to trial and win or at least beat the Measure 11 charges.  If you're found not guilty of all charges, you will face no sentence / punishment.  If you're found not guilty of the Measure 11 charge(s) but found guilty of other crimes, you will face a sentence but not the lengthy Measure 11 prison time.

 

Because of the serious penalties required for Ballot Measure 11 crimes, these offenses demand experienced criminal defense counsel.

What type of bail is usually found with Oregon Measure 11 crimes?

Ballot Measure 11 offenses usually come with a bail of $250,000.  Sometimes, after a bail reduction hearing, bail can be lowered to as "little" as $50,000.  In any event, Oregon does not use a bail bond system.  Therefore, to be released from custody on bail, you will generally need to post 10% of the bail amount. 

 

Once the case is concluded, most of the bail may be returned to whoever posted the funds.  If the defendant owes fines, fees, back child support, etc.; however, posted bail will be applied to those funds owed.  Keep in mind that if the defendant fails to appear for a later court date or violates the conditions of release (such as a no contact order), bail may be forfeited.  The state also charges a fee from the posted bail.

 

Due to the high bail amounts, many people facing Measure 11 charges remain in custody during the pendency of their case. 

Will I be able to civilly compromise a Measure 11 offense?

Unfortunately no.  Ballot Measure 11 crimes are either Class A or Class B felonies and are not subject to dismissal pursuant to a civil compromise.

Will I be able to expunge / seal a Ballot Measure 11 offense?

Virtually all Measure 11 offenses are either Class A or Class B felonies.  Therefore, you can never expunge a conviction for such a Measure 11 offense.  However, if you are found not guilty of all charges, you may be able to seal the record of arrest. 

If you're found guilty of a lesser offense(s) you may be able to seal the convictions in three to ten years time.

How do I contact attorney David Lesh for help with my Ballot Measure 11 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.  

 

David N Lesh

 

 


"I defend and help people facing Measure 11 charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your Measure 11 case."

Twenty eight years as an Oregon attorney
Former Multnomah County Measure 11 prosecutor
Former deputy city attorney assigned to the Portland Police Bureau
2018 Oregon Super Lawyer
Highly Rated


"Should you hire me to represent you, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
I personally respond to your phone calls and emails; I meet with you; I appear with you in court."



Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship.  Consult qualified Oregon Measure 11 attorneys for advice about any specific problem that you may have.  Oregon criminal defense lawyers are governed by the Oregon Code of Professional Responsibility.  Measure 11 crimes include assault; kidnapping; rape; sodomy; sexual abuse; arson; manslaughter; and other charges.  This website may be considered an advertisement for services under the Code of Professional Responsibility.  Information contained in this website is believed to be accurate but is not guaranteed.  By David N Lesh, info@davidlesh.net.   All reviews and testimonials on this site are real and were unsolicited.

 

 

David Lesh provides Ballot Measure 11 criminal defense to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Lake Oswego; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; Canby; Hillsboro, St Helens, McMinnville and Multnomah County, Clackamas County, Columbia County, Washington County, Hood River County, Wasco County, and Yamhill County.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.