I just got arrested  for an Ballot Measure 11 offense.  What happens now?

What is does Ballot Measure 11 mean to my case?

Ballot Measure 11 has two main components.  First, it mandates that 15, 16, and 17 year olds that are charged with specified offenses (see list below) are automatically charged as adults.  Second, it mandates lengthy mandatory minimum penalties if you're convicted of one of these same specified offenses.  A third component:  Ballot Measure 11 crimes generally come with very high bail amounts.  Therefore, most people charged with these offenses are held in custody until their case is concluded.

How do I know if I've been charged with a Ballot Measure 11 crime?

Below is a list of Measure 11 offenses (found in ORS 137.700) and the mandatory prison sentence to be imposed if a defendant is convicted of the offense: 

• Murder:  300 months

• Attempt or conspiracy to commit aggravated murder:  120 months

• Attempt or conspiracy to commit murder:  90 months

• Manslaughter in the first degree:  120 months

• Manslaughter in the second degree:  75 months

• Assault in the first degree:  90 months

• Assault in the second degree:  70 months

• Kidnapping in the first degree (standard):  90 months

• Kidnapping in the first degree (committed in furtherance of the commission or attempted commission of a serious sex crime):  300 months

• Kidnapping in the second degree:  70 months

• Rape in the first degree (unless victim under 12 years of age):  100 months

• Rape in the first degree (victim under 12 years of ageand defendant 18 or over):  300 months

• Rape in the second degree:  75 months

• Sodomy in the first degree (unless victim under 12 years of age):  100 months

• Sodomy in the first degree (victim under 12 years of age and defendant 18 or over):  300 months

• Sodomy in the second degree:  75 months

• Unlawful sexual penetration in the first degree (unless victim under 12 years of age):  100 months

• Unlawful sexual penetration in the first degree (victim under 12 years of age and defendant 18 or over):  300 months

• Unlawful sexual penetration in the second degree:  75 months

• Sexual abuse in the first degree:  75 months

• Robbery in the first degree:  90 months

• Robbery in the second degree:  70 months

• Arson in the first degree (when the offense represented a threat of serious physical injury):  90 months

• Using a child in a display of sexually explicit conduct:  70 months

• Compelling prostitution:  70 months

• Aggravated vehicular homicide:  240 months

Why is the bail so high on Measure 11 crimes?

Ballot Measure 11 offenses usually come with a bail of $250,000.  Sometimes, after a bail reduction hearing, bail can be lowered to as "little" as $50,000.  In any event, Oregon does not use a bail bond system.  Therefore, to be released from custody on bail, you will generally need to post 10% of the bail amount.  Due to the high bail amounts, most people facing Measure 11 charges remain in custody during the pendency of their case. 

Is there any way to get less prison time on these offenses?

Sometimes, yes; sometimes, no.  For some of the less serious Measure 11 crimes, the defendant may qualify for a lesser (but still substantial) sentence.  For most Ballot Measure 11 convictions, the court has no choice but to impose, at a minimum, the prison sentences outline above.

Often, an attorney may be able to obtain a negotiated settlement of a Measure 11 charges that can involve being convicted of a lesser offense.  The lesser offense may be a non-Measure 11 offense with less penalties.  Keep in mind that most DA's Offices will not offer a probation sentence on a Measure 11 charge.  Usually, the negotiated settlement involves a prison sentence albeit less prison that the Measure 11 conviction would carry.

Another way to get less (or no) time is to take the case to trial and win or at least beat the Measure 11 charges.  If you're found not guilty of all charges, you will face no sentence / punishment.  If you're found not guilty of the Measure 11 charge(s) but found guilty of other crimes, you will face a sentence but not the lengthy Measure 11 prison time.

Will I be able to expunge / seal a Ballot Measure 11 offense?

Virtually all Measure 11 offenses are either Class A or Class B felonies.  Therefore, you can never expunge a conviction for such an offense.  If you are found not guilty of the offense(s), you may be able to seal the record of arrest.