If you have been charged with a crime or are under criminal investigation, you have the right to legal representation by an attorney at any and all stages of the process. The police and prosecutors are well-funded and well-trained and are under no legal or ethical obligation to consider the interests of a suspect.
Domestic violence refers to criminal prosecutions where a family or household member is accused of causing or threatening bodily injury to another family or household member. Domestic violence includes the classic situation where a woman is injured by her partner, but the definition has been expanded to include disputes between siblings, step-parents and step-children, and domestic partners.
Measure 11 is a ballot initiative that was approved by Oregon voters in 1994. Measure 11 established mandatory minimum sentences for defendants convicted of certain crimes including murder, manslaughter, kidnapping, rape, and sodomy. Measure 11 also required that 15, 16, and 17 year old defendants charged with certain crimes be tried as adults.
The Oregon Legislature has classified rape, sodomy, unlawful sexual penetration, sexual abuse, child pornography offenses, compelling or promoting prostitution, and certain other offenses as “sex crimes.” If a defendant is convicted of a sex crime, he or she will most likely have to register as a sex offender and engage in sex offender treatment.
Property crimes include theft, burglary, forgery, identity theft, and criminal mischief. A single conviction for a crime involving dishonesty might disqualify an applicant from obtaining many jobs or professional licenses. Additionally, Oregon’s Repeat Property Offender laws require presumptive prison sentences for defendants convicted of multiple property crimes.
Stalking and restraining orders are civil orders entered by the court that restrict a person from having contact with an individual and specific places where that individual might be present. In these types of proceedings, the “petitioner” is requesting that the court enter a protective order against the “respondent.” Protective order proceedings begin when the petitioner serves court papers on the respondent.
There are two government entities that can restrict a person’s ability to drive within the state of Oregon: the court and the Driver and Motor Vehicle Services Division (DMV). The DMV is required to provide notice to a person before suspending or restricting a person’s license under their administrative authority. In most cases, a person has the right to request a hearing in front of an administrative law judge to challenge the DMV’s request to suspend or restrict his or her license.
Under Oregon law, a victim is any person who has suffered direct financial, psychological, or physical harm as a result of a crime. The rights of crime victims are enshrined in Article I, sections 42 and 43 of the Oregon Constitution. Victims’ rights include the right to be present in court, the right to be heard, and the right to be informed about the proceedings in a criminal prosecution.
A criminal conviction can continue to impact a person’s life long after the case has been resolved and the defendant has completed all of his or her obligations. The conviction can often result in significant collateral consequences including restrictions on employment, housing, educational financial aid, and professional licensing. Record expungement is a court-ordered process in which the legal record of an arrest or criminal conviction is erased in the eyes of the law.
In the past several decades, federal, state, and local authorities have taken an increased in interest in seizing (or forfeiting) property that is allegedly associated with criminal activities. There are many different ways that the government can attempt to forfeit property, and some laws allow the government to forfeit property even if the owner has not been convicted or even charged with a crime.