The ruling overturns a decision by the Bureau of Labor and Industries and a following affirmation by the Oregon Court of Appeals. What affect this has on employees and states across the country remains to be seen.

The case involved a man who was authorized to use medical marijuana after a doctor determined he has a medical condition that could be managed by smoking pot. The condition caused the man to have severe anxiety, panic attacks, nausea, and vomiting. According to the Oregonian, he was using marijuana 1-3 times a day though not using it at work.

He was employed by a large industry with many large machines and “dangerous pieces of equipment”. When the man admitted to his employer that he was a medical marijuana user he was soon fired. The Bureau of Labor sided with the man, awarding him lost wages and additional funds for emotional suffering.

The state’s high court determined that the state must divert to federal law, however, when considering employment. They state that employers can keep zero-tolerance drug policies in place, potentially displacing medical marijuana users.

This story is just one example of how the enactment of medical marijuana laws does not mean the substance will be without tight regulation. It also provokes many questions about what type of restrictions would be faced if the substance was legalized across the board.

Until that time, however, we will have to deal with the marijuana laws as they stand. Currently, Oregon has some of the more lax marijuana laws in the country. If you are caught in possession of less than one ounce, you will typically only face a fine.

However, if you cross that one ounce threshold, you will face a felony charge.

When facing charges of marijuana possession or even possession with intent to distribute, you need a defense lawyer who knows their way around the sometimes confusing marijuana laws. Contact our attorneys to discuss the details of your case.

TriMet is meeting with resistance as they make plans to install the cameras as such anti-crime cameras have shown mixed results in cities around the world. TriMet points to a 19% drop overall in crimes on their platforms in 2009 but critics state this is not necessarily due to the cameras themselves.

The goal of such cameras is to make would-be criminals think twice before robbing someone or committing another offense. Called deterrence, this sort of crime prevention is a goal of law enforcement everywhere. So, does it work? Not likely.

If someone is motivated to commit a robbery, they will very seldom let something like a camera stop them. However, if they are caught, they may have wished the deterrent effect worked better as they face years behind bars and fines to go with it.

The chances of these cameras solving a crime after the fact are pretty slim. Surveillance networks like this are frequently plagued with problems and they probably stand more chance of deterring than playing a role in solving.

Despite this, cities across the country are increasing the numbers of high tech surveillance devices on red lights, in public places, and even worn on the police to record every encounter.

Whether you were arrested for something that was caught on camera or if someone accused you of something illegal, even when the odds are stacked against you, there may still be options available.

Drug charges, assault, and theft: no matter the criminal charge, our attorneys are ready to hear about your case and to discuss how we can help.

The story says the duo was standing by the water for about 15 minutes, only yards from their car. When they returned they found the windows had been broken out and their bags stolen.

Unfortunately, people who steal aren’t always conscious of their victim’s situations. As the article states, had they look at the contents of the car, the recent wedding would have been obvious.

Within 30 minutes of the theft over $1,800 had been charged to the couple’s credit cards at Target and Starbucks. Police have a suspect that was caught on surveillance camera in connection with the crimes, though they have yet to apprehend him.

Becoming a victim of theft or even a more serious crime can happen at any time. Events like this often don’t discriminate.

The Clackamas County Sheriff’s Office is handling the case and urges people with information to contact them. The suspect in the case is likely panicking at the thought of being caught. Living in fear, however, is no way to live.

When running from the law, whether you are wanted for questioning or an outstanding warrant, your every action can be a potential misstep into the hands of law enforcement. Most people who are wanted by the police, however, eventually get caught.

Knowing how and when to turn yourself in can be tricky. If you are wanted for charges of theft, assault, or even failure to appear, we can help. Let’s talk about your case and your potential options. As your attorney I will likely suggest you turn yourself in, but together we can talk about how this can benefit you in the long run.

Contact our Oregon defense lawyers for a consultation on your case.

Counterfeit purses and clothing are a huge industry in the U.S.; Oregon is not immune from this either. While we often think of fashion counterfeiting taking place on urban street markets, purse parties and the like are occurring in the suburbs and being hosted and attended by reputable people within the community.

photo credit: SheriW

This article from the Oregonian reveals some of the most recent arrests in a counterfeiting ring in our state. These mostly women are charged with a variety of offenses mostly involving trademark counterfeiting. Most of them got off with probation, though they will be answering to a PO for a few years.

Unfortunately for these women and many people caught in similar circumstances, not knowing the action was a crime simply isn’t a logical defense for most judges.

These cases are a good example of the fact that not all crimes are committed by the down on their luck career criminal. The vast majority of white collar crimes are committed by people just like you and I.

Having defended many fraud and forgery cases in Oregon, I know that many people commit acts like this simply because they don’t think they will get caught. The weigh the risks and believe the potential pay off is worth it.

One positive aspect of these types of offenses is that a lack of criminal history can positively impact your case. If a judge believes the crime was a one time lapse in judgment, he or she may be more lenient.

Whether you committed a fraud to get ahead, not thinking you would get caught or if you are caught up in something bigger than that, you need legal help.

Contact our lawyers today to discuss your case.

Measure 57 passed last November toughening up sentences for repeat non-violent offenders. While this was done in the interest of preventing recidivism, budget shortfalls make it nearly impossible to have prison beds for all of the additional state inmates this would create.

As another option, Kulongoski wants to create a sort of last chance probation for these offenders. This probation would be more intense than others in that each violation would go directly before a judge. In other probation cases, the probation officer uses their good judgment and a probationer often doesn’t get taken in front of a judge at all.

One failed drug test could get a Measure 57 offender violated on their probation and serving their entire sentence in prison. While this seems harsh, it is far more lenient than sending them directly to prison, as Measure 57 was designed to do. In addition, it will save the state some serious money.

Probation is definitely a privilege. And although it is nearly always a vast improvement to serving time in jail, it does carry some difficult to manage conditions. Curfews, random drug testing, and regular visits with a supervising officer can seem like a lot. People who are granted probation in lieu of prison time, however, are typical grateful.

Not all offenses are eligible for probation while some others are nearly always penalized with this alternative sentence. If you are facing criminal charges you would likely prefer to serve probation rather than an active sentence. Knowing what the potential sentence is for your offense can let us evaluate all of the possibilities.

Call us today, regardless of your charges, to discuss your case. I can help you determine if you might be eligible for probation or some other alternative if you are at risk of a jail sentence for a criminal charge in Oregon.

As this Oregonian report states, this means some felonies will be prosecuted as misdemeanors, some misdemeanors will be downgraded to violations, and some violations will not be pursued at all. Downgrading charges is nothing new but counties can expect to see this at a much higher rate with the budget tightening.

Interestingly, not all counties will be feeling these effects. What does this mean? Well, some think that this will encourage a higher crime rate in those counties that are lightening up on crime. If a thief thinks he can get away with more in Multnomah County than he can in Washington County, he may move his criminal behavior over to the more lax county.

This isn’t a proven fact and may simply be another way to frighten the public. However, the budget cuts and their immediate effects on prosecuted cases is a fact and will have some effects yet unseen.

Plea bargaining is part of the criminal justice process. It allows the prosecution to get a guilty plea while saving their time and money to prosecute bigger cases. While plea agreements happen everyday across the country, they are more focused on saving money now than they have ever been before.

Facing a criminal charge is stressful, particularly if you know you committed the offense and are frightened of facing the consequences. A plea agreement may be a very good option for you in this type of circumstance. Consulting with an experienced attorney about the specifics of your case can put your mind at ease.

How it worked was by giving drug addicts a second chance at living a crime free life. People charged with non-violent drug offenses were given an option of completing a probation-like period in order to get their charges thrown out. They pled guilty and then completed the program. If they “graduate” successfully, the case is abandoned.

This is a far cry from regular criminal court where the approach has always been to lock them up and throw away the key. If they were granted probation, they were often only sent a letter to ensure their compliance, according to this Oregonian article. The STOP court really addressed the root of the problem for many offenders, drug addiction.

While the Multnomah county STOP court is currently the only one shutting down, one can only hope none of the others across the state will have to follow suit. Programs like these are a benefit to the community and the addicts they serve. People who simply serve time are more likely to come out and reoffend than those who put an effort into rehabilitation.

There are alternative sentencing and diversion options across the state that attempt to aid people charged with drug offenses. While some counties have similar STOP courts, others do what they can to ensure that people facing these charges are given the help that they need.

If you are facing a drug charge in any Oregon county, you are likely interested in what alternative programs your county offers. Call today for a consultation on your case and so we can discuss the options you have.

While this article from the Portland News states the majority of the report from the Independent Police Review was positive, there is always room for improvement and the Portland Police Bureau is no different.

The report pointed out improvements made since the last evaluation, particularly regarding use of force in arrest procedures. Interestingly, many of the shortcomings also are related to use of force, a constant area of problems for forces across the country.

The Independent Police Review assesses actions taken in all officer-involved shootings. With this information they develop areas in need of improvement.

The most recent report urges the city to act on making medical attention for injured citizens a serious priority primarily when those citizens are injured by the police themselves. Immediate medical attention would reduce the incidence of citizen deaths due to police action.

The report also addresses use of Tasers, beanbags, and use of AR15 assault rifles. Better regulation and training is needed, according to the report, to ensure safety and fewer negative events. This seems like a no brainer but often training is provided on a minimal basis without policy in place.

It’s evident from comments in the news forum that the people of Portland, for the most part, support their police department as well as the men and women who serve on it. These consultants are in the business of informing a department where improvements can be made, and there is no perfect police department in the country.

Anyone who has been on the receiving end of criminal charges realizes how quickly an arrest can get heated. While the majority of arrests happen smoothly, many end in chaos or even tragedy. Further development of regulations helps ensure less of these chaotic episodes happen.

If you are facing criminal charges and need to discuss your case with a defense attorney that understands what you are going through, call today.