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Portland Criminal Defense Law Blog

Denial of gun right restoration

Under Oregon law, there are certain situations where people can lose their right to own, purchase or possess a firearm. For many people, losing this fundamental right can be difficult for them. However, ORS section 166.274 also provides some relief.

Under this section, people can petition the court to have their gun rights restored. Within 15 days of filing, the court will hold a hearing to make a decision. Under section 166.274(7), a person's rights should be restored if people can prove that they are not a danger to themselves or to the community. They must prove this by clear and convincing evidence in order for their gun rights to be restored. People can file a petition once a year until they are approved.

Take misdemeanor charges seriously with our help

Oregon residents likely understand the importance of a solid criminal defense strategy when they are facing serious criminal charges like murder, rape or drug trafficking. A criminal defense can make all the difference in avoiding serious penalties including prison time, large fines and a permanent criminal record.

However, people may not realize that a criminal defense strategy is also important when they have been accused of a misdemeanor offense. People may see misdemeanors -- including shoplifting, traffic offenses, bad checks and others -- as not a big deal. People may be tempted to think that they can deal with misdemeanor charges without the assistance of an attorney.

Oregon case compared to popular television show

While drug crimes are sometimes glamorized by movies and television, drug charges come with serious consequences in Oregon. One recent case is drawing attention for its similarities to the well-known T.V. series "Breaking Bad," in which a high school chemistry teacher starts producing methamphetamine after being diagnosed with terminal cancer.

In the Oregon case, a 38-year-old college chemistry professor has been accused of producing methamphetamine within the state. According to police, a drug runner tipped police off about the man's role in producing methamphetamine. Following the tip, police arrested the man at his home. They say that at the time of his arrest the man had 16 grams of methamphetamine and $1,500 in cash on him.

Oregon basketball players charged with shoplifting

The criminal code applies to everyone in Oregon -- regular people and the well-recognized, the rich and the poor. If people are caught breaking the law, Oregon police can make arrests and prosecutors can seek punishments. The law does not recognize distinctions between people, and therefore, all criminal charges need to be taken seriously.

Recently, two men were arrested for shoplifting at a convenience store outside the Matthew Knight Arena on the University of Oregon campus. The two are returning players to the University's basketball team. According to reports, the men were caught with stolen goods worth less than $100 at around 3:00 p.m.

Don't let a DUI ruin your future

While people may think that it could never happen to them, it is easy to be caught driving drunk. People may not even realize that they are over the legal limit until they are stopped by police. In some cases, it doesn't take that much alcohol to reach a blood alcohol content level of 0.08 percent. In some cases, people may not realize that they have had too much to drunk until it is too late. In a recent case highlighted in this blog post, a man was arrested for DUI only after apparently causing a serious car accident.

A serious accident, multiple convictions or other factors can easily lead to serious penalties and a felony conviction. In order to avoid this situation, people need experienced legal help.

Oregon man charged with DUII after fatal accident

Drunk driving charges are very serious in Oregon, especially if someone else is hurt by the allegedly drunk driver. When someone else is killed, the penalties increase even more. A felony conviction for intoxicated manslaughter can result in long prison sentences, large fines, probation, alcohol education classes, drivers' license revocation and more.

An Oregon man is facing these penalties after a 7-year-old girl and four others were injured in an accident. According to reports, the 32-year-old man was driving near Bend, Oregon on U.S. Highway 97 when he lost control of his car. Police claim that the 1997 Chevrolet Suburban left the road and hit a rock embankment before coming to a stop.

What are the time limits for felony charges in Oregon?

In Oregon, felony charges are very serious. They can result in long prison sentences, large fines, probation, permanent criminal records and more. People facing felony charges can feel like they are living in limbo as they await the result of their criminal trial. While facing conviction they can suffer problems in their social life, their reputation can be damaged and they may lose their job. These problems can make it difficult for people to enjoy their life until the matter is settled.

As a result of these consequences some people may wonder if there are time limits to when the prosecution can choose to bring felony charges against someone. According to section 131.125 of the Oregon code, this depends on the type of crime that was supposedly committed.

What are the limits of medical marijuana immunity?

As many Oregon residents likely know, Oregon has a medical marijuana program that allows certain people to legally use, possession and grow marijuana within the state. The people who qualify for the medical marijuana program are highly regulated and if they do not strictly follow the rules of the program, then they can face criminal punishments.

If you are participating in Oregon's medical marijuana program, then you have several restrictions that you should be aware. If you are arrested in any of these situations, the medical marijuana program will not give you immunity against criminal charges and you can face serious punishments.

Driving without a license in Oregon can lead to charges

Driving a car is important to many Portland residents. Cars can help people get to work, home or other engagements. Without the use of a car, it can be significantly harder to get around. However, driving a car is a privilege and under certain circumstances, people can lose the right to drive. A driver's license suspension or revocation can happen under many circumstances. When this happens, people are prohibited from driving any motor vehicle unless they have a hardship license or other permit.

If people choose to drive without a license, then they can face additional criminal punishments. Under section 811.182 of the Oregon Code, driving with a suspended or revoked license can be a felony or a misdemeanor depending on the reason why a person lost the person's license to begin with.

What is an expungement?

Since no one is perfect, it goes without saying that people make mistakes. When these mistakes involve criminal charges, the consequences can be serious. A criminal conviction can lead to jail or prison time, large fines, probation and more.

Even after these penalties have been carried out, those with a criminal record can face other consequences. In some cases, people can have trouble finding stable jobs, getting an education or applying for housing can be difficult since criminal convictions often need to be disclosed on applications. Convicted felons can lose other rights including the right to own a firearm and the right to vote following conviction.

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