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Portland Criminal Defense Law Blog

The right defense against murder charges is essential

Most Oregon residents understand that murder charges are serious. People know that murder charges are often accompanied by the most severe penalties. However, people may not realize that they are subject to Measure 11 sentencing rules.

In Oregon, Measure 11 requires that certain crimes have certain required penalties. Measure 11 crimes are reserved for the most serious of violent crimes in our society. Murder is included. Therefore, under Measure 11, if a person is convicted of murder, the person will face serious mandatory penalties. A judge will have little or no ability to take extenuating circumstances into account in order to reduce the penalties. Additionally, the penalty will not be reduced for good behavior and early parole is not an option.

Penalties for speeding in Oregon

Oregon residents use their cars constantly. People often don't think about them as being a potential source of criminal charges. However, traffic violations are common. These violations can, in some cases, result in misdemeanor charges, fines and other penalties.

People need to keep these consequence in mind when they get behind the wheel of a car. In particular, those individuals with a lead foot can find themselves in a lot of trouble if speed restrictions are ignored.

What is the statute of limitation for murder charges in Oregon?

Recently, this blog highlighted the story of a man that was charged in an attempted murder case. While the charges may not seem unusual, the man was charged with attempted murder almost two years after the alleged incident happened. For many people that may seem like a long time. People may think that criminal charges need to be brought quickly after an incident occurs. However, this may not be the case.

The amount of time a prosecutor has to bring criminal charges against a person is called the statute of limitations. In order to comply with the statute of limitations, criminal charges must be brought within the time restrictions. Under ORS section 131.125, the exact time limitations vary based on the crime the person is accused of. For example, prosecutors have up to six years after the commission of arson in order to bring criminal charges.

Man charged with attempted murder nearly 2 years after shooting

The threat of criminal charges can follow a person for a long time after the alleged incident occurs. Depending on the specific act, the threat of criminal charges may follow people for the rest of their lives. When a person is under investigation for a criminal activity, especially a felony, steps can be taken to protect the person's legal rights. With the right help, people can make sure that police or law enforcement officials do not overstep their boundaries during the investigation so that they do not unjustly face penalties.

One Oregon man has recently been arrested for the attempted murder of another man. According to reports, the attempted murder took place in February 2013 -- nearly two years ago. Despite the long delay between the incident and the indictment, the man has still been charged with first-degree assault, kidnapping with a firearm, first-degree robbery with a firearm, attempted aggravated murder with a firearm and others.

Conditions to probation in Oregon

When someone is convicted of a crime in Oregon, that person can be sentenced to a variety of different punishments. The specific punishments will depend on the crime that the person has been convicted of, but punishments often include fines, prison or jail time and probation. When a person is on probation, the person's conduct is strictly limited. The person will be out of detention but subject to a variety of rules and restrictions. The person will also likely be strictly monitored by a probation officer for the duration of the probation period.

Under section 137.540 of the Oregon code, there are a variety of conditions that can be attached to a person's probation. There are a number of general provisions that will be applied to everyone's probation unless the court specifically excludes them from a person's probation. These general conditions include

  • Submitting to mental health evaluations
  • Paying fines as ordered by court
  • Gain fulltime employment or schooling
  • Complete a substance abuse evaluation
  • Submit to drug and alcohol testing
  • Allow a probation officer to walkthrough residence

Protect your future after being charged with DUI

Drinking alcohol is a frequent activity for many people in Oregon. Even with frequent consumption, people often don't view alcohol consumption as very dangerous. Most people, likely see it as a fun and safe recreational activity. However, if alcohol is combined with driving it can have a major impact on a person's future. This is particularly true for young people, as explained in a recent post, that fall under Oregon's zero tolerance policy.

Therefore, it is important for people to have the right criminal defense strategy in place to combat DUI charges. Even for a first-time DUI without any aggravating circumstance -- like an accident or injuries -- people need to protect their future. The moment a person is charged with a DUI in Oregon certain legal rights -- like the right to drive -- are going to be challenged. Our law firm understands these challenges and aggressively works to protect the accused.

What is Oregon's zero tolerance policy?

It is widely known that in Oregon, people under the age of 21 are not permitted to purchase or use alcohol. This drinking limit is in place across the United States to help keep young adults and teenagers safe. However, it is also widely understood that many young people recreationally drink alcohol. In response to this, Oregon has created a zero tolerance policy. Many may question what exactly this policy entails.

According to the National Highway Traffic Safety Administration, Oregon has had a long standing policy against underage drunk driving. While the legal limit for most drivers is .08 percent, under Oregon's zero tolerance policy, the legal limit for drivers under the age of 21 is significantly lower. For drivers ages 18 to 21, the legal limit is .00 percent. Law enforcement officials claim this lowered legal limit reduces the number of accident involving underage drunk drivers on Oregon roads.

Domestic violence laws in Oregon

While members of a family often have a deep love for one another they can also disagree. When emotions get heated, these disagreements can lead to arguments -- both verbal and physical. There are times when these arguments can go too far and lead to criminal charges. It is important for Oregon residents to understand the difference between a simple argument between family member and domestic assault. This is because domestic assault and abuse charges have serious consequences and penalties.

Under Oregon laws, domestic violence occurs when there is abuse between family members. Under Oregon laws the terms abuse and family members each have very specific meanings. Under ORS section 135.230 abuse occurs in one of three situations. One, abuse includes sexual abuse as defined by another section of the Oregon code. Two, abuse is knowingly, intentionally or recklessly causing fear of imminent serious physical injury. Three, abuse includes causing or attempting to recklessly, knowingly or intentionally causing a physical injury.

Christmas tree attack leads to misdemeanor charges and jail

While there is a lot of joy during the holiday season, there can also be a lot of stress. There are family parties, obligations and extra expenses -- all of which can create tension. With the constant stress placed on people during this time, it is easy for someone to overreact to a situation. However, when this happens people can still face criminal charges for their behavior.

In a recent Oregon case, a man was arrested and charged with a misdemeanor in an unusual case. According to reports, a 24-year-old man was arrested after an altercation with his 42-year-old roommate. In this case, the man was accused of hitting his roommate with a six foot tall spiral Christmas tree.

What is the difference between assault and battery?

When someone is facing felony charges, the person can feel a whirlwind of emotions. They may be in jail as they await criminal proceedings, the may be out on bail, they may be dealing with the stigma of false accusations or the guilt and remorse for a mistake. Often people facing these serious charges are thrown into an unfamiliar legal world where very specific rules apply. They may not understand exactly why they are facing specific charges or even where to begin their defense.

Often, only people with years of specialized training understand the legal system. Yet, people still need to make difficult decisions quickly. In these cases, it is important to understand exactly what people have been charged with and why. One area that can cause confusion is the difference between assault and battery. These two crimes can be felonies and are often closely related.

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