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Portland Criminal Defense Law Blog

Shooting leaves 16-year-old with felony charges

In a lot of cases, criminal charges stem from one incident or act. They result from one moment in time where someone either failed to do something or acted in a way the person shouldn't have. Yet, the consequences from this one moment have the potential to stay with a person for the rest of the person's life. When the accused is young, the consequences can be even more acute.

Recently in Portland, a 16-year-old boy has been arrested on felony charges. According to reports, the boy is accused of being involved in a gang related shooting in August. Police claim that the boy was responsible for shots that were fired outside of a bar on Aug. 9 on Cully Blvd. in Northeast Portland. Reports say that no one was hurt in the incident. Following a lengthy investigation, the boy was arrested at his home in Southeast Portland. He is being held in a juvenile detention facility.

What is Measure 91?

Over the past several years there has been a shift in the way the country sees marijuana use. Subsequently, many states -- like Oregon -- have decriminalized marijuana use. Recently, states have gone ever further allowing residents to legal use recreational marijuana. As many Oregonians likely know, Measure 91 was recently passed. Some may wonder how it effects marijuana use within the state.

According to Oregon Liquor Control Commission, Measure 91 makes marijuana possession legal in some circumstances. Starting on July 15, 2015, Oregon will allow for the possession and personal use of recreational marijuana. The regulation of its use, the taxation of the drug and licenses will be controlled by the Oregon Liquor Control Commission.

Protect your freedom to drive after DUI allegations

The ability to drive is a right that many people look forward to in their teen years and come to depend on as adults. Without the ability to drive a car, people may not have a way to get to work, to school or to other important activities. They might not be able to transport their children where they need to go. Or, undertake important business. When a drunk driving related arrest threatens a person's ability to drive, that person needs to act fast to protect this right. In Oregon, people only have 10 days to contest a drivers' license suspension.

In Oregon, people can lose their driver's license in a number of situations including being arrested on or convicted of DUI charges or refusing to submit to a breath test. These suspensions can last for anywhere between three months or three years. In any situation, residents should know that they have legal rights and options when it comes to protecting their drivers' licenses.

Penalties for misdemeanors in Oregon

In Oregon, people can face penalties for a variety of behavior. Some of these penalties can come in form of violations -- like traffic citations -- others result in more serious criminal charges. The most serious charges are called felonies, while lesser charges are misdemeanors. Each of these categories can be broken down further depending on the specific charges. The type of charge that a person faces will change the penalty that the person can be sentenced to if convicted.There are four main types of misdemeanors in Oregon. The first is a Class A misdemeanor. This is the most serious misdemeanor charge. The maximum sentence for a Class A misdemeanor is up to one year in jail and a $6,250 fine. The second type of misdemeanor is a Class B misdemeanor. If convicted of a Class B misdemeanor the maximum penalty is six months in jail and a $3,500 fine. There are also a Class C misdemeanor. This is the least serious of the misdemeanor charges. When convicted of a Class C misdemeanor the maximum penalty includes up to 30 days in jail and a fine of up to $1,250.

There is also a fourth type of misdemeanor charge. This type is called unclassified misdemeanors. The maximum penalty for unclassified misdemeanors is defined by the particular criminal statute that controls the crime. Therefore, the penalties vary based on the particular facts of each case.

Man doesn't remember drunken police chase -- faces DUII charges

A Portland man claims that he does not remember getting behind the wheel of a car after partying at his sister's house recently. According to reports, the man has told police that it was the first time in a long time that he had drank alcohol before getting into his mom's car and driving away.

Unfortunately, while driving, the man was found by police driving the wrong-way near the intersection of 105th Avenue and Southeast Stark Street. At the time, reports say the man was driving nearly 100 miles-per-hour and had hit two vehicles. Police claim that when he was spotted he was honking his horn, flashing his lights and tailgating a minivan.

Ignition interlock requirements in Oregon

When a person has been convicted of driving under the influence in Oregon, the person can face a variety of penalties. In many cases, the person can be sentenced to jail or prison, to large fines, have their drivers' license suspended or revoked, placed on probation or sentenced to alcohol education classes. The penalties will vary on a number of different factors including the person's criminal history and the circumstances surrounding the person's arrest.

In some cases in Oregon, people will also be required to use an ignition interlock device in their car. An ignition interlock device is a machine that requires people to blow into it before starting their car. If any alcohol is detected on the person's breath, the car will not start and the violation is reported to law enforcement officials.

What is measure 11?

Oregon residents are likely aware that they can be sentenced to punishments if convicted of a crime. These punishments often vary depending on the specific charges with misdemeanors having lesser penalties than felonies. Felony charges are generally much more serious and have much more severe penalties. These penalties often include prison sentences.

In Oregon, residents may have also heard of Measure 11. Those accused of crimes may wonder how Measure 11 affects them.

What are the penalties for manufacturing methamphetamine?

In a recent post, this blog presented the story of a local drug arrest. In that case, connections were being made between the arrest and the popular television show "Breaking Bad" since the man arrested was a science teacher accused of manufacturing methamphetamines like the main character in the television show. This case may have left people wondering about the penalties for being convicted of manufacturing methamphetamines in Oregon.

Under ORS section 475.886, manufacturing methamphetamines is unlawful in the state of Oregon. People convicted of manufacturing methamphetamine are guilty of a Class B felony. Under this section, the minimum fine is $1,000 for manufacturing methamphetamine.

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.

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