Criminal Defense FAQ
Frequently Asked Questions
I've been falsely accused of a crime. Do I still need a criminal defense attorney?
In many instances, cases are resolved on their own because of insufficient evidence. However, the world is not perfect, and police officers can and do make mistakes. People have been falsely accused of rape, domestic violence, murder, and other serious crimes simply because officers made negligent mistakes in their investigation. Sometimes, a suspect was intentionally framed. It's important to realize that innocence is not a legal defense—it's a conclusion that must be drawn. Even if the person is innocent of the charges, it is possible that they could be convicted. So, even if the charges against you are false, it's essential that you work with an experienced criminal defense attorney to ensure that your innocence can be demonstrated and believed.
What is a felony?
A felony is a serious criminal offense, punishable by two or more years in prison. Examples of felonies include: murder, sexual assault, aggravated domestic assault, theft over $1,000, aggravated assault, arson, embezzlement, and more. The maximum punishment for each felony is determined by the classification of the crime. For instance, a Class A felony carries a 20-year prison sentence and a fine of $375,000. A Class B felony is punishable by ten years in prison and a fine of $250,000, and a Class C felony carrels a prison sentence of 5 years and a $125,000 fine.
What is a misdemeanor?
Misdemeanor offenses are considered less severe than felony offenses .A misdemeanor is a criminal offense that is punishable with less than one year of jail time. Examples of misdemeanors include cases of DUI without death or serious bodily injury, theft under $1,000, criminal mischief, some assaults, and disorderly conduct. The maximum punishment for each misdemeanor is determined by the crime classification. For example, a Class A misdemeanor carries a sentence of up to 1 year in jail and a $6,350 fine, while a Class B misdemeanor carries a 6 month jail sentence and a $2,500 fine. For a Class C misdemeanor, you could face 30 days in jail and owe a $1,500 fine.
I believe the police violated my constitutional rights. What should I do?
At times, police misconduct occurs in searches that take place during ordinary traffic stops or in a suspect's home. Additionally, if law enforcement is too aggressive in trying to obtain an incriminating statement from a suspect, it may violate the suspect's Miranda rights. If your constitutional rights were violated, your criminal defense attorney will aggressively seek to exclude evidence obtained as a result of police misconduct. Litigation in the criminal court allows a defense lawyer to protect his client's rights by submitting motions to the judge seeking to exclude the recovered evidence or received statements from trial. Often a successful motion to suppress evidence cripples the prosecutor's case, causing the case to either be dismissed or substantially reduced in plea negotiations.
What do I do if I've been arrested for drug possession?
First of all, try to remain calm. Even if you are panicking, it's best to try to stay cool and collected so that you can avoid additional charges, such as resisting arrest or obstruction of justice. Once you reach the police station, your best move is to contact a criminal defense lawyer so that you can have someone immediately start working to resolve this mess. Your attorney will also give you more specific instructions so that you know what to expect in the near future.
What are some valid defenses against a drug possession charge?
Depending on the specifics of your situation, there are a variety of legal strategies we can use in your defense. Perhaps we can show that you were unaware that there were drugs in your vicinity when the police placed you under arrest, or you were driving your friend's car at the time of the arrest and you didn't know there were drugs in the vehicle. Or, maybe the police searched your body or your car without having cause. This is considered a violation of your constitutional rights, and we'll move to have the court dismiss the case.
What is expungement?
In Oregon, certain criminal convictions may be removed from your criminal record ("expunged") after a certain period of time. An expungement will make it easier for you to find more options for employment and housing, and it feels for many individuals like they are receiving an opportunity to make a fresh start. However, only certain crimes qualify for expungement (more serious crimes, like murder and sex crimes, do not). You'll also have to make sure no additional convictions happened since the initial conviction, and you'll need to wait at least three years since the conviction took place. When successful, the expungement process typically gives people the chance to wipe the slate clean and enjoy a brighter future.
I've been falsely accused of a sex crime. What should I do?
Sex crimes are taken very seriously and, even if you're innocent, the mere accusation can destroy your reputation. The first action you should take is to contact a skilled criminal defense attorney who can advise you on what to do next. Together, you'll create a sound legal strategy to discredit the accusations and illustrate your innocence.
My child has been arrested. What happens next?
If your child has been arrested, police may decide to release the child into your care or to transport the minor to the Juvenile Detention Center for temporary holding. If this is the case, you can expect that your child will appear in court the following day, and a judge will determine whether your child will be required to remain in custody or be released under court-ordered conditions. As soon as you learn that your child has been arrested and may be facing juvenile charges, you should contact a criminal defense attorney to ensure you have a reliable advocate at your side throughout the legal process.
Can a Measure 11 offense be negotiated down?
In Oregon, a Measure 11 offense carries a mandatory minimum prison sentence without parole or early release. While avoiding a mandatory sentence for a Measure 11 offense is not impossible, it is often difficult to achieve. Your criminal defense lawyer will examine your case for any exceptions, and it may be possible to work with the prosecuting attorneys to negotiate a reduced charge. It's a delicate process, and your attorney will make sure you understand all possible outcomes so that you can prepare yourself for whatever happens.
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