I just got arrested / cited for an Oregon criminal charge.  What happens now?

If you were arrested for a misdemeanor or a low level felony charge, you were probably given a citation or release agreement directing you to appear in court at a future date.  Make sure you know when and where your are to appear.  Do not miss your court date, and be on time.

If you were arrested for a serious felony charge (or a domestic violence offense), you will most likely be booked into custody and brought before a judge the next business day.  If you are held in custody, you will probably have bail set.  In Oregon, we do not use a bail bond system.  You are required to post 10% of the bail amount.  For example, on a $50,000 bail, you would be required to post $5,000 to be released.  For lesser felony and most misdemeanor charges, defendants are often released pending trial even if they are unable to post bail.  

Prior to your first court appearance, the county district attorney's office (or the city attorney's office if you are cited to appear in a municipal court) will review the police reports and make a decision about what charges to file against you.  The prosecutor's office will either (1) issue the same charge(s) that you were arrested for; (2) add, delete, or file different charges against you; or (3)  no-complaint your case (issue no charges against you). 

You will find out exactly what charges you're facing at your first court appearance.  [This court appearance is sometimes referred to as an arraignment or an initial appearance.] 

If you were arrested for an Oregon DUII (drunk driving) charge, please visit the Oregon DUII Information Site. 

What should I do if I suspect that I am under investigation for a criminal offense?

Adopt my Nine Habits of Highly Successful Criminals (though the title is tongue in cheek, the advice is genuine):

1.  When contacted by law enforcement, invoke your right to silence.  Do not make admissions; do not confess; do not lie.  Simply say, "I don't want to speak with you."  Repeat this as many times as it takes. Confession may be good for the soul but it is the single most damaging thing you can do to yourself in a criminal investigation.

2.  When contacted by law enforcement, invoke your right to counsel.  Tell the officer, “I want a lawyer.”  Repeat this over and over.  Be polite but firm. 

3.  Do not allow yourself to be manipulated by the police.  The best police interrogators are master manipulators.  When an officer says, "Why do you need an attorney if you're innocent?" he is attempting to manipulate you into waiving your constitutional rights to silence and counsel.  Refer again to Habits 1 and 2.

4.  Do not consent to any search.  Always insist that the police get a search warrant.  [If the police have a valid search warrant, they are permitted to search over your objection.]

5.  Do not take a police polygraph (lie detector) examination.  Refer again to Habit 3.  [Discuss whether a private polygraph examination is in your best interest with your attorney.]

6.  Beware of the pre-text phone call.  When investigating certain crimes, especially sex offenses, law enforcement may direct the complaining witness to telephone the suspect in an attempt to elicit admissions or other incriminating statements.  Unbeknownst to the suspect, these calls are monitored by law enforcement, are recorded, and will be played at your trial.

7.  Beware of the computer.  Email, instant messages, browser history, digital photographs, and other information stored on your hard drive may be accessed by law enforcement computer specialists even when you think it has been deleted.  Craigslist and myspace are not your friends.  Remember the words of Eliot Spitzer, "Never write when you can talk. Never talk when you can nod. And never put anything in an email."

8.  Beware of cellular phones.  Detailed call records, voice mail messages, text messages, and suspect tracking though triangulation frequently aid law enforcement investigations.

9.  Contact an experienced defense lawyer as soon as you believe you are under investigation.   

How much jail / prison time will I have to do if I am convicted?

By definition, conviction of any criminal offense comes with the possibility of jail / prison time.  However, many convictions result in little or no time in custody.  The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following:

•  the crime for which you're convicted;

•  your criminal history, if any;

•  which Oregon county or municipal court your case is in;

•  what judge you are sentenced by;

•  whether the judge feels you have accepted responsibility for your actions.

I really don't want to go to jail.  Is there anyway to avoid time in custody?

Maybe.  Some jurisdictions offer alternatives to short jail sentences.  These may include community service, work release, work crew, home confinement also known as electronic monitoring.  Sometimes jail (for sentences of one year or less) or prison (sentences of more than one year) is the only option.  Talk to your lawyer about what may be available to you.  Some serious felony )Ballot Measure 11) crimes come with lengthy mandatory minimum prison sentences.

Will I get the bail back that I posted to get released from custody?

Assuming that you make all your court dates, bail is refunded to whoever posted it a few weeks after your case is over / closed.  The Sheriff's Office does keep a portion of the bail amount as a fee.  If you fail to appear for court, bail is forfeited.  Sometimes the court, orders that fines / fees / restitution be paid out of whatever bail has been posted in a case.

Since my arrest I've received letters from various lawyers.  How did these people find out that I was arrested?

In Oregon, adult arrest and suspension records are "public records" and are subject to disclosure upon written request.  Some attorneys and treatment providers make public record requests from government agencies in order to obtain a list of persons arrested for certain offenses.  After receiving the arrest / suspension information, the firm sends a letter outlining their services.  Keep in mind that even though these records are "public," individual records are usually not accessible unless specifically requested. 

Will I be able to vacate, seal or expunge my arrest or conviction?

Maybe.  Oregon law does allow some arrests and convictions to be sealed / expunged.  Generally, only certain misdemeanors and low level felony convictions can be expunged.  Oregon law does not allow an individual to seal or expunge sex crime convictions, traffic arrests or convictions, Class A felony convictions, and nearly all Class B felony convictions.  Talk to an Oregon criminal defense attorney for specifics on your situation.  It is highly recommended that you move to expunge your arrest / conviction just as soon as you are eligible to do so.

Am I required to notify anyone if I am arrested or convicted of a crime?

Effective January 1, 2010, If you are a health professional that is (1) license by; or (2) certified by; or (3) registered with one of the following Boards?

  (A) State Board of Examiners for Speech-Language Pathology and Audiology;

  (B) State Board of Chiropractic Examiners (chiropractors);

  (C) State Board of Clinical Social Workers (LCSW);

  (D) Oregon Board of Licensed Professional Counselors and Therapists;

  (E) Oregon Board of Dentistry (Dentists);

  (F) Board of Examiners of Licensed Dietitians;

  (G) State Board of Massage Therapists;

  (H) Board of Naturopathic Examiners (Naturopathic Physician);

  (I) Oregon State Board of Nursing (Nurse, RN’s);

  (J) Board of Examiners of Nursing Home Administrators;

  (K) Oregon Board of Optometry (Optometrists);

  (L) State Board of Pharmacy (Pharmacists);

  (M) Oregon Medical Board (Doctors, Physicians, Surgeons);

  (N) Occupational Therapy Licensing Board (Occupational Therapists);

  (O) Physical Therapist Licensing Board;

  (P) State Board of Psychologist Examiners;

  (Q) Board of Radiologic Technology (Radiology Technicians);

  (R) State Board of Direct Entry Midwifery (Midwifes);

  (S) State Board of Denture Technology (Denturists);

  (T) Respiratory Therapist Licensing Board;

  (U) Department of Human Services, to the extent that the department certifies emergency medical technicians (EMT’s);

  (V) Oregon State Veterinary Medical Examining Board (Veterinarians, Vets); or

  (W) State Mortuary and Cemetery Board.

If so, you must self-report either a misdemeanor or felony conviction within 10 days of the conviction or if you are arrested for a felony, you must report the arrest within 10 days of the arrest.  Speak to your attorney for additional information.  See House Bill 2059.