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Portland Criminal Defense Law Blog

Participating in a diversion program to dismiss a DUI charge

Being pulled over by a police officer is not a pleasant experience for drivers in Oregon. While a traffic stop could result in a simple warning, it could also result in a driver facing a serious charge such as a DUI. The penalties for a drunk driving charge could be serious, especially if a driver has more than one DUI conviction on their record. Therefore, it is important for the accused to consider all of their defense options.

Under Oregon law, a defendant may participate in a DUI diversion program if he or she meets certain requirements. To be eligible, the accused must have never been convicted of a felony DUI in Oregon or any other state. Additionally, the defendant must confirm that he or she has no pending charges in any state involving the operation of a vehicle and is not currently participating in a diversion program.

Helping individuals with their defense against felony charges

While no criminal charge should be taken lightly, facing a felony charge likely means the accused could endure a long prison sentence and serious fines if he or she is convicted. Moreover, a felony conviction could result in personal and professional consequences, such as problems obtaining gainful employment or acquiring housing following a release from prison. The impact that a felony charge could have on individuals in Oregon and elsewhere could be substantial; therefore, it is important to understand the rights and defense options afforded to those accused of a felony.

At Short Law Group, we aggressively protect the rights of individuals facing criminal charges in Oregon. To meet the needs of our clients, our experienced legal team works one-on-one with our clients to gain a better understanding of their criminal defense goals.

Do domestic violence charges affect gun rights in Oregon?

When people think about misdemeanor charges, they likely think about minor penalties. These penalties may include small fines, jail time, community service or similar penalties. People do not often associate misdemeanor charges with lifelong penalties. However, some misdemeanors can carry lifelong consequences. When it comes to misdemeanor domestic violence charges, for example, a person can lose their gun rights if convicted.

In general, under federal guidelines, people who have been convicted on misdemeanor domestic violence charges in Oregon can receive a lifetime prohibition against possessing or purchasing firearms.

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.

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