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I just got arrested for an Oregon Ballot Measure 11 offense. What happens now?
When a person is arrested for a Ballot Measure 11 crime, they are booked into custody and held unless they are able to post a very high bail amount. The defendant is then arraigned on the charge(s) the next business day.
How is Ballot Measure 11 significant 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:
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 (plea-bargain) of a Measure 11 charge 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 than a 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.
Because of the serious penalties required for Ballot Measure 11 crimes, these offenses demand experienced criminal defense counsel.
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.
Will I be able to civilly compromise a Measure 11 offense?
Unfortunately no. Ballot Measure 11 crimes are either Class A or Class B felonies and are not subject to dismissal pursuant to a civil compromise.
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. However, if you are found not guilty of all charges, you may be able to seal the record of arrest. If you're found guilty of a lesser offense(s) you may be able to seal the convictions in three to ten years time.
David N Lesh
Oregon Measure 11 Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
"We know you [may] have just been doing your job, but we can't tell you enough how grateful we have been for your expert help in this matter. In all the chaos you were a source of RELIABLE information. You were always careful to present all possible scenarios, but somehow remain cautiously optimistic. Even in the worst parts of this whole thing we always left your office feeling a bit more encouraged than we did before we entered for the meetings. Should anyone we care about ever need an attorney we will whole heartedly recommend you. Thank you for conducting yourself with honesty and integrity in this case."
J.C., G.C. and J.C.
State of Oregon
Hood River County
Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship. Consult qualified Oregon Measure 11 attorneys for advice about any specific problem that you may have. Oregon criminal defense lawyers are governed by the Oregon Code of Professional Responsibility. Measure 11 crimes include assault; kidnapping; rape; sodomy; sexual abuse; arson; manslaughter; and other charges. This website may be considered an advertisement for services under the Code of Professional Responsibility. Information contained in this website is believed to be accurate but is not guaranteed. By David N Lesh, firstname.lastname@example.org.
David Lesh provides Ballot Measure 11 criminal defense to the communities of: Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Lake Oswego; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; Canby; and Multnomah County and Clackamas County. Read our privacy statement. Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card. Copyright 2013, 2012, 2011, 2010, 2009, 2008, 2007.