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Portland Criminal Defense Law Blog

Portland chef arrested on misdemeanor assault charges

Spouses do not always get along with one another. In fact, many have serious disagreements from time to time. While these disagreements can be normal, if the altercation turns physical, criminal charges can follow. In particular, individuals may face misdemeanor domestic violence charges if the fight escalates to a physical level.

This has recently happened to famous Portland chef, Jennifer Louis. Chef Louis has risen to fame for her many culinary endeavors, including the restaurant Lincoln, which she started with her husband. Apparently, the couple has seen happier times in their 12-year marriage and is in the process of divorcing.

Drunk driving and your rights

When people are facing drunk driving charges, they may feel like they have no legal rights. They may feel like a police officer's word will be the only thing taken into consideration during the criminal proceedings. However, people who are facing criminal charges for drunk driving do have many legal rights.

People have the right to be treated as innocent until proven guilty. This means that police officers and other law-enforcement officials must have evidence that a person has been drinking and driving before the person can be found guilty. Often, this comes from the administration of certain blood alcohol content level tests. These could include a breath test or a field sobriety test. In either case, these tests must be performed in specific and accurate way before the results can be used against an individual.

How much medical marijuana can Oregon residents have?

Marijuana use is seen in a lot of different ways across the United States. For some individuals, they believe use of marijuana should be legal in all situations. While others, believe that it should be illegal for adults that want to use the drug. While all states grapple with these issues, Oregon has its own complicated set of marijuana laws. Under these laws, individuals may use marijuana in certain situations without criminal consequences.

One situation where people can use marijuana legally in Oregon is when they have a medical marijuana card. This card is for individual suffering from illnesses where symptoms can be lessened with the use of medical marijuana. Often these severe illnesses are being treated by a doctor who helps the individuals obtain this card.

Affirmative defenses to marijuana charges in Oregon

People in Oregon may not see marijuana use as a serious offense. However, marijuana charges can be brought in a variety of different situations. Individuals who are facing drug charges of any kind should understand their criminal defense options. There are situations where individuals may be able to raise an affirmative defense about why they have or are using otherwise illegal drugs.

One affirmative defense for marijuana use involves the use of marijuana for medical purposes. Under section 475.319 of the Oregon criminal code an affirmative defense for criminal charges involving the production or possession of marijuana has three elements. If these elements are met, the individual will not face charges or penalties for the use of marijuana.

Are field sobriety tests accurate?

Police officers in Oregon need specific evidence that a person has been drinking and driving in order to bring driving under the influence charges. There are a variety of different tests that Oregon police officers can use in order to get this information. One test that is often used is the field sobriety test.

During a field sobriety test, a police officer performs three different tests on the suspected drunk driver. The first is the horizontal gaze nystagmus. This measures the amount of eye-movement and jerking that is seen when a person moves their eyes back-and-forth. There is also the one leg stand and the walk and turn tests. These tests are supposed to be uniformly administered to accurately predict whether or not a person's blood alcohol content level is above the legal limit of .08 percent.

Abby Wambach arrested for DUII in Portland

Everyone makes mistakes from time to time. Whether it's a simple lapse in judgment or a criminal offense, people need to know that mistakes happen and that the mistake does not change who they are as a person. Drunk driving is a mistake that can happen to literally anyone. People can get behind the wheel after not realizing how much they have had to drink. When this happens, people can face driving under the influence charges in Oregon.

Recently, Abby Wambach was arrested on DUII charges in Portland. Wambach rose to fame while playing professional soccer with the U.S. team in the 2003 Women's World Cup and won a gold medal with the U.S. Olympic team during the 2004 Summer Olympics.

Sex crime charges should never be taken lightly

When people think about sex crime charges, they may think about charges such as rape, child molestation, prostitution or other serious crimes. However, sex crimes are much more varied than this. They can include charges of date rape, sexting, internet solicitation of minors or lewd conduct. The possession of child pornography, pandering and the failure to register as a sex offender can also result in sex crime charges in Oregon.

People should understand the serious consequences that accompany all of these types of charges. Even if the accusations are false, people who are facing sex crime charges in Oregon can face harsh penalties. These penalties can include social repercussions and eventually jail time. These types of charges can have an immediate effect on a person's reputation, the person's employment and the person's ability to find housing.

What types of traffic violations can result in a misdemeanor?

When people think about driving a car, they may not immediately think about criminal charges. However, people should know that a variety of criminal charges can accompany certain driving behavior. If individuals are not careful, they can face both felony charges and misdemeanors for traffic violations.

There are a number of criminal charges that can result in misdemeanors while driving a car. These can include driving under the influence of drugs and alcohol. In many cases, a DUI is only considered a misdemeanor. Additionally, failing to stop at the scene of an accident can also result in misdemeanor charges.

Littering and misdemeanor charges in Oregon

Many Oregon residents may go through life and never get charged with a crime. However, many people will face criminal charges at some point. While a few may be severe, most will be for simple mistakes that they never intended to happen.

In some cases, people may not even realize that they have committed a crime. Take littering, for example. Many people have littered from time to time. It's easy to toss something undesirable out of a car window. But fewer people likely realize that it's a misdemeanor crime to do so.

Degrees of rape in Oregon

Very few crimes in Oregon carry the same social and from the repercussions as sexual crimes. Sexual offenses often carry stiff penalties and are met with a lifelong stigma against the accused. People can immediately see negative effects of accusations of sexual crimes. These can include a job loss, loss of housing and loss of social opportunities. Therefore, it is important for individuals to understand exactly what they're being charged with and how to best combat the charges.

When it comes to rape, Oregon has many different degrees of criminal liability. These different charges carry different penalties. People who are accused of rape should understand these degrees and which applies to their case.

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