Oregon ballot initiative Measure 73, which passed in November, goes into effect on Dec 2.  It will result in significantly increased penalties for 3rd offense DUII (drunk driving) charges as well as repeat sex offenders.Third offense DUII charges will result in a mandatory minimum sentence of 90 days in jail if convicted, and will be classified as a Class C Felony charge if both prior convictions happened within the previous 10 years. Before this law, the minimum penalty was 2-15 days in jail as for a second offense.

The second part of Measure 73 concerns mandatory minimums for felony sex offenses. If you have a previous felony sex offense, you will face a minimum of 25 years in prison. Felony sex offenses include rape, and child pornography.

Prior to this initiative, the minimum for a second sex offense was 70 months, or under 6 years.

There is some controversy as to whether this statute could cover acts known as “sexting”, specifically among teens. The laws against child pornography, in statute terms described as “using child in sexually explicit display”, could very possibly include teens sending consensual pictures of themselves. The Oregon Daily Emerald cited this reason as one to oppose the measure, although the measures backers dismiss this claim.

How this law is actually interpreted by judges will be clarified as soon as these sentences are issued.

Measure 73 was up for debate this past week in the Legislature. The measure would stiffen penalties for both sex offenders and drunk drivers. Support for the measure is low, however, given the cost and the current financial climate.

According to the Statesman-Journal the initiative is sponsored by Kevin Mannix, a Republican candidate for governor and a former legislator himself. The item will be on the November ballot.

In regards to sexual offenses, the measure would increase the minimum penalty to 25 years for four specific sex crimes—first degree rape, first degree unlawful sexual penetration, first degree sodomy, and using a child in a display of sexually explicit conduct.

It would also increase the penalty for a third offense of DUI. If adopted, measure 73 would create a mandatory 90 jail sentence. Currently, there is no such mandatory sentence for DUII.

Critics of the measure point to the cost of the added incarceration as reason enough for it not to pass. Supporters state it’s a matter of public safety—worth the expense.

The Statesman article points to a drop in violent crime between 1995 and 2005 and points to Measure 11 which imposed a series of mandatory minimums for violent crime as responsible. However, this connection certainly can’t be credited with all of the crime reduction.

Most cities experienced such a drop within the 1995-2005 decade and the drop could be attributed to any number of things. It is likely the sentencing laws impacted crime, though not probably they were wholly responsible for the nose dive.

Alternatives to incarceration should be considered long before stiffer prison sentences are mandated. In the prison system, inmates are far less likely to be given the treatment and education they need to live a reformed life. Probation and other community alternatives, however, help them maintain a job and standing within their family and community while paying a debt to society.

Probation is often a favorable outcome for all parties in a criminal case. The state wins because the taxpayers don’t have to carry the burden of another inmate. The defendant wins because they aren’t locked up away from their family and their life.

Although probation is often the outcome in DUII and assault cases, it isn’t always an option. Knowing if you’re eligible for probation or other community alternatives can ease your mind when up against criminal charges and a potential jail sentence.

If you are facing criminal charges, contact our offices today for a free consultation.

“Dumb Criminal” stories are pretty popular on television and on the web. They seem to drive a wedge between the “normal” people and suspected criminals. Although they typically only represent a very small portion of those people accused of crime, they are entertaining nonetheless.

Case in point: Two Portland men are accused of a shoplifting spree at a Fred Meyer store. That in itself is nothing remarkable. However, these two men decided to commit these acts of theft on, of all days, “Shop With a Cop Day.”

Every year 150 kids in the area get vouchers for $150 worth of school supplies and clothes. In conjunction with the Boys and Girls Club and the Rose Community Center, the Portland Police Department sends out dozens of officers in uniform, on horses, and with their canines, to help in the shopping process. The kids get to “shop with a cop” for all their back to school needs.

This year, two men decided the day would have police far too occupied with the kids for them to notice two shoplifters in their midst. Unfortunately for them, someone did notice and there were plenty of officers around to apprehend the suspects.

The two men are accused of stuffing blenders, clothes, tools, and shoes into their backpacks, according to this report. Both are facing theft charges and no doubt some serious embarrassment for their interesting choice of criminal activity.

Most people charged with theft are far from this bold. They may see an opportunity to get something and don’t realize the risk of them getting caught is pretty good.

More typical cases where the defendant, our client, is filled with regret and wishes they could take back that incident that led to their arrest.

When it comes to theft, whether you shoplift or keep someone else’s property without permission, you can face some pretty serious penalties. Even if you steal something that’s valued less than $50, you could face 3^rd degree theft charges and the potential of jail time.

More than likely you didn’t think you would get caught. Perhaps your finances have been bad or you are out of work. There are many factors that can push people to commit a crime they wouldn’t normally consider. While the court doesn’t see being broke as a legitimate excuse for theft, it could help explain why you did what you did.

If you are facing theft charges and are in need of a defense attorney, contact us today for some valuable and free legal advice, and help you figure out your options.

A man discovered to have swindled nearly $1 million from his former employer paid all of the money back before trial but was still sentenced to serve 3 years and 7 months in prison according to Oregon Live. According to the story, this man wasn’t just a clerk stealing a few dollars out of the cash drawer—he was the Chief Financial Officer and shareholder for a pool liner company.

He worked for the company beginning in 2002 and began taking money after less than two weeks on the job. When the company was sold in 2006, he stayed on as the CFO, making $3.4 million off the sale. It wasn’t until 2009 that his bad work habits were discovered.

The new owner of the company noticed over $117,000 had gone to the man’s personal expenses. At that time, he repaid the $117,000 and resigned.

It wasn’t until an independent audit firm took a closer look that it was discovered just how much the man had actually taken, closer to $1 million. Apparently not a poor man, he repaid all of the stolen money before going to trial. He explained this to the judge and that he was an active member in the community, volunteering at church.

Despite his seeming regret for the crimes, he was sentenced to 3 years and 7 months in prison. As the district attorney said, “There have been cases of people who have embezzled less than this and done more time.”

Essentially, embezzlement is theft from an employer. Theft of more than $1 million is considered Aggravated Theft in the 1^st Degree and actually carries a potential 10 year sentence. Considering the possibilities, this particular defendant seems to have made off quite well. In many cases, providing partial or full restitution can reduce or even eliminate jail terms when convicted of an embezzlement charge.

Theft charges are scary to face. Anytime you are facing several years behind bars, it’s completely normal to be stressed and concerned about your future. While pointing out your good qualities and potentially trying to make things right before trial can help slightly, it’s not often enough to do away with the repercussions of your criminal act altogether.

Whether it’s theft charges or assault charges, you need a defense attorney on your side willing to stand up for your rights and to help you fight the charges against you. Contact our Oregon defense lawyers today to discuss the details of your case and how we can go about dealing with them.

A California man was sentenced this week in Federal court for crimes that required a lot of planning and financing but unfortunately for him, little payout. According to the Seattle Sun-Times, the 61 year old defendant was sentenced to 4 years in prison and 4 on supervised release.

The plot involved more than one person and several states. The men flew into Sea Tac airport and traveled south, hitting banks in Auburn and Portland. They used fake identities to set up accounts and then write checks to receive cash from those accounts.

In all, the group made off with only $3,400, likely far less than what they originally intended. The Seattle article indicates that at least one bank denied their attempts.

The fairly lengthy sentence when compared to the relatively small dollar amount likely has a lot to do with the intent and the several law violations involved. “This was not a spur of the moment crime to satisfy a drug addiction, but a deliberate assault on the banking system…” said Assistant U.S. Attorney Michael Scoville.

Although federal charges are different from those you face in Oregon state courts, many of the laws are similar. Worthless checks, credit fraud, and identity fraud are all crimes at the state level as well.

Most often we see these kinds of offenses committed when a defendant believes there is little risk of getting caught. However, once caught, they kick themselves for thinking their actions were a calculated risk.

Even for a first time worthless check charge, you could face jail time. And if this is your second such offense in less than 5 years, your charge will be a felony, punishable by up to 5 years.

The charge you face and the sentence that goes along with it depend on the details of your case. For additional information about how the Oregon courts work and for some legal advice specific to your case, contact our attorneys today.

A 22 year old man has been charged with some extremely unusual cases in Oregon and may be connected to additional crimes of the same odd nature in Texas. The cases involve involuntary haircuts and gluing that have occurred everywhere from the city buses to the movie theater.

Jared Walter is facing charges of interfering with public transit and robbery after an incident on a TriMet bus on New Year’s Eve. The victim in this case stated that Walter cut her hair as she rode. Walter was taken into custody when the bus arrived at the Milwaukie Transit Center.

Since the time that this case was made public, at least 8 additional victims have come forward to Clackamas County officials. They all claim their hair was cut or glued by a stranger while in public places. Tri-Met officials state they have had three reports of this kind, according to KGW.

Interestingly, cases out of Houston, Texas may involve Walters. In one instance a 12 year old girl had her hair glued while in Walgreens. The suspect was caught on surveillance and officials state they have reason to believe it is Walter.

There are additional reports of hair gluing at the same Walgreens, a grocery store, a Marshall’s retail store, and a movie theater in the Houston area. Odd as these incidences are, Walter will be facing some serious repercussions if the investigations are able to successfully connect him.

Applying charges to such a strange act could be difficult. As stated, he faces robbery charges in one of the cases. He could also face charges of assault. Both of these offenses are considered serious crimes.

Regardless of the charges against him Walker will no doubt be questioned about his motivations with this strange string of crimes.

When you are facing charges like assault you can expect all sorts of questions. You may feel as if you are being judged long before you actually go to trial. Having someone on your side in court can make a big difference in just how frightening the experience is.

Contact our attorneys today for a free consultation on your criminal case.

Have you ever flown across the country only to lose your bags? Or even worse, have you received your bags but noticed some things were missing from inside? Despite the fact that the airline industry has made billions over the past year in baggage fees, they still can’t guarantee our bags will arrive safely, particularly when handlers are helping themselves to the contents.

A former Northwest Airlines employee has pled guilty in Multnomah Court to stealing out of people’s luggage while he was on the job. According to The Oregonian, 46 year old Jose Trejo Romero of Vancouver stole thousands of dollars in property from bags while he worked as a baggage handler.

Apparently, Romero would remove the baggage from the work area and into the break room before removing items from the bags, concealing them in his clothing, and later taking them to his locker. He even shared the wealth, passing the stolen goods to some of his fellow coworkers.

In a plea agreement, Romero pled guilty to aggravated theft and first degree theft. Under the agreement, he could be sentenced to as much as 18 months in prison.

Under Oregon theft laws, the sentence you receive for theft depends on the amount of items, money, or services you stole. First degree theft is considered a Class C felony while aggravated theft is a Class B felony, both carrying several years in prison as a potential sentence.

Romero obviously avoided the multiple years in prison by agreeing to plead guilty to the charges. A plea agreement is just that, one where the defendant agrees to plead guilty to charges in exchange for a reduced sentence or other incentive.

Romero’s sentencing has been delayed to allow his family to find work however. Because he was the only one working in a 8 person household, his immediate sentencing would have put unnecessary hardship on his wife and children.  Although the judge agreed to the delay, he didn’t do so without showing his disdain, complaining that the hardship was Romero’s fault.

If you are facing theft charges or any other serious criminal charges, you have potentially put your family in a difficult situation as well. You aren’t the only one worried about your sentence and we know you want all the help you can get in ensuring a positive outcome in court.

Having handled many theft cases in local courtrooms, I am confident that I can handle yours. Contact me immediately to discuss the details of your case.

Gift cards intended for disabled children were stolen and used for things like a Wii and a camera in this recent case from Multnomah County.

Forty-six year old Laurie Ann Wilhelm ended up pleading no contest to the charges against her once she saw the 10 witness called by the prosecution. Though she maintained her innocence she stated she would’ve convicted herself had she been in the jurors’ shoes.

photo credit: arvindgrover

Wilhelm was formerly employed by OHSU. While she worked there in the accounting department, 200 gift cards were stolen, cards meant to go to the families of disabled kids who had participated in research surveys. With a total valued at over $3,000 the cards each ranged from $5 to $40.

Store surveillance cameras caught Wilhelm, or someone resembling her, redeeming the Fred Meyer’s gift cards. She used her credit card occasionally to make up any balance and even used her Fred Meyer Rewards Card to “rack up bonus points.”

Wilhelm maintained to the end that the cards she spent were received from former coworkers as housewarming gifts and that she was innocent of the charges against her.

Considering the probable value of these cards, Wilhelm seems to have got off relatively easy, being sentenced to 20 days in jail and 3 years of probation for 15 counts of theft.

More than likely, the judge was somewhat lenient because Wilhelm had no criminal record. As a first time offender, judges are more likely to give you a slightly softer sentence.

How you are charged for a theft offense depends on the value of the item in question. Because Wilhelm faced more than 15 charges of theft we can assume the prosecution didn’t just add up the value of the cards and charge her once.

If they had, that $3,000 value of gift cards would have warranted a single charge of theft in the 1^st degree. This is considered a Class C felony and punishable by up to 5 years in prison.

No matter the charge, if you are facing a theft case it can be quite intimidating, especially if this is your first criminal charge. Call me today to discuss the details and we can formulate a plan for your defense.

A Portland woman was arrested at the Jantzen Beach Red Lion Hotel bar where she works this week marking a growing trend in identity theft and credit card fraud. Noelle McDonald was served with a warrant for failure to appear but also faces several additional charges in the area.

Clackamas County, OR Sherriff’s office states that McDonald is facing at least 5 charges of identity theft in addition to the failure to appear charge. Identity theft involves using someone else’s personal information as your own. This could mean using their social security number to get a credit card or apply for a loan. In McDonald’s case it seems she was using the information of people who trusted her to open credit accounts.

Identity theft and similar fraud crimes are often perpetuated against people close to the accused. With McDonald it appears as though she targeted people who trusted her, using the information of a friend’s sister when the friend allowed McDonald to stay with him last year.

Because McDonald sits in jail and couldn’t make any statements to this report from Fox12, we can only guess as to her motive. Often crimes like this are committed out of convenience and a sense of hopelessness. People in financial trouble are more likely to betray the trust of friends to get ahead if they feel like they won’t get caught.

No matter the reason, white collar crimes like identity theft and credit card fraud carry serious penalties. Using someone else’s information for financial gain is not morally right nor is it legal. Because we are all susceptible to being victims of this kind of crime, these offenses deeply worry the public.

If you are charged with committing a fraud you probably know exactly what I am talking about when I say the short term results of your crime were in no way worth what you are going through right now. We all make mistakes and perhaps you are dealing with the effects of yours right now.

Having an experienced defense attorney to turn to with questions about your case is crucial in maintaining some semblance of sanity when you are up against criminal charges. I can answer your questions and tirelessly defend your interests.

Call me today if you are facing criminal charges like these and together we can figure out the best solution for you.

Methamphetamine continues to be a major problem in Oregon. This highly addictive drug affects not only the addicts, but their families and even our communities. This story from CNN’s Anderson Cooper demonstrates just how heartbreaking this drug can be to the people in our neighborhoods.

Last month William and Tracy Morgan were pulled over when a police officer noticed their children, in the back seat, were not buckled in. What he found was that mother and father were under the influence of meth and had the drugs in the car as well as at the hotel they were staying in with their 5 children.

All 5 children, ages 5 to 10, are now wards of the state while their parents face charges of possession of methamphetamines and multiple charges of endangering the welfare of a minor. What will happen to this particular family is unclear. However, Mr. and Mrs. Morgan will both likely serve some time in jail for their offenses.

This is a single case that represents many across our state. Meth continues to be a problem despite tough criminal penalties. The reason for this is because of its extremely addictive nature. Simply throwing someone in jail will not help them get better.

Facing criminal charges for possession of meth can be the first step in recovering from addiction if a person wants to kick the habit. If you are facing drug charges, this may be your chance to get clean.

A harsh wake up call, an arrest can also be a saving grace for many within the throws of meth addiction. The state or Oregon has programs for people struggling with addiction and facing criminal charges. Having an experienced attorney on your side helps you to find these resources.

If you are looking at spending time in jail or prison because of what meth has done to your life, you need the help of a local attorney. Call us today to discuss your case.