First up is a change to existing sex crime laws. Voters have the opportunity to create a mandatory minimum sentence of 25 years for a series of 4 sex crimes. This mandatory minimum would seek to penalize repeat sex offenders by requiring they serve at least 25 years on the 4^th conviction.

photo credit: James Durkee

Another ballot issue would allow the Department of Human Services to come up with a licensing process for marijuana dispensaries. Currently, though medical marijuana laws allow people to have and grow marijuana with a prescription, it does not allow for the sale of the substance. This would make it easier for registered patients to obtain their medicine.

Finally, at issue is a DUI initiative. This measure, if passed, would require a mandatory jail sentence for a 3^rd DUI conviction. It would make this 3^rd offense a Class C felony with a 90 day jail term. Under current law, there is no such mandatory sentence.

However, under current law, felony DUII, 3^rd offense, does carry some serious potential penalties. This slight change would only serve to strengthen the already tough DUI laws. Under current law you can permanently lose your license for a 3^rd offense.

Criminal laws are changing all the time. We often don’t hear much about the changes because voters rarely have a say. Instead, state lawmakers are typically the ones making changes.

Keeping track of what laws are on the books and which have changed can be tricky. Furthermore, reading these laws and making sense of them can be difficult for those people who aren’t educated in the law. This is just one of the many reasons having an experienced defense attorney can really make a difference in your case and your level of confidence when it’s time to face charges.

If you’re facing charges of DUI or any other criminal offense contact our offices for a free consultation on your case and an in depth explanation of the charges against you.

Meth was a huge problem in the late nineties and early 2000s. The drug is highly addictive and was seen as a motivating factor in many property and even violent crimes. The manufacturing of meth was also highly dangerous, putting those around it at risk of death.

As the system started to get an understanding of the methods of making the drug, they enacted laws across the country to control its availability. This, paired with harsh prosecutions, is seen as potential reasons why we have seen such a decline over the past several years.

The ingredients used to make meth are much harder to come by now that you cannot purchase pseudoephedrine containing drugs (used in the recipe) without signing a registry at the pharmacy. Although it can be done, meth is now largely made in much smaller batches.

The New York Times this week, released a report entitled “National Methamphetamine Threat Assessment 2010”. The report came from the National Drug Intelligence Center and states, among other things, that the illegal transport of meth and its ingredients is occurring between the States and Mexico, actually increasing the supply of the drug once again.

It is said that this report wasn’t released when it was initially ready due to Mexican President Felipe Calderon’s visit to Washington. The White House Administration reportedly didn’t want to create any tension between the two countries prior to this diplomatic visit. When you also factor in the increasingly tense immigration issues, the potential flood of meth from Mexico is far more complex than it may initially appear.

Meth is a highly addictive and dangerous drug. It is considered a Schedule II drug, one of the most dangerous classifications. Other Schedule II drugs include cocaine, opium, and crack.

If you are caught in possession of meth, you could face Class C felony charges, fairly serious for a non-violent crime. Class C felonies carry a potential sentence of up to 5 years in prison and $100,000 in fines. While a clean criminal history improves your chances of probation, nothing is guaranteed in the Oregon criminal courts.

If you are facing charges of possessing or even manufacturing meth, you need an aggressive attorney in your corner. Contact our law offices today for some helpful legal advice.

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.

The Oregon’s Secretary of State’s office certified a petition drive last month pushing the legalization of marijuana. Now, supporters have to get over 80,000 signatures before July 1^st in order to see the item up for vote come November.

photo credit: spotreporting

Like marijuana activists in other states around the country, Oregonians point to the potential tax revenue and cuts in crime costs as benefits for the state. Opponents, however, question the safety of the substance and are quick to point out how legalization would run in opposition to federal laws.

Supporters have been holding signature drives across the state in hopes of reaching their goal before the summer deadline. According to one source, however, their chances don’t look good.

The Oregon Catalyst states that their own survey of 988 Oregonians shows that 85% oppose legalization with only 15% supporting. Nationally, they point out those numbers are quite different with only 55% in opposition. It isn’t clear how their numbers were gathered or if they are reliable. If they are, however, petitioners are facing an uphill battle.

Currently, though Oregon does have medical marijuana laws, you can be charged with a violation. You will only face a fine if you are caught with less than 1 ounce, but those penalties are quite different when you pass than threshold.

Possession of marijuana, more than one ounce is considered a felony charge. While it isn’t likely, you could serve up to 10 years in prison for this charge. Of course if you are charged with possessing 2 ounces, your sentence will likely be far less than if you are accused of having 2 pounds, for instance.

Regardless of the exact charge against you, marijuana is still very much illegal in Oregon. If you are facing charges like these, contact a criminal attorney to discuss the defense options available to you under the current laws.

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.

Since the start of the law in 2005, Oregon has seen a particularly dramatic drop in meth seizures and meth lab busts. According to this article from Stateline.org the number of meth labs in 2005 was 192. Last year, the number was only 10. This is particularly significant because elsewhere across the country, those numbers are rising.

Oregon officials see this as clear evidence that their law requiring prescriptions for pseudoephedrine drugs works. Other states are taking notice. Mississippi just created their own similar law and others have considered it.

The pharmaceutical companies making these typically over-the-counter drugs, however, are pushing for other meth-preventing alternatives and have funded several installations of a software network in states like Arkansas and Oklahoma.

Methamphetamines are seen as a particularly dangerous drug to everyone from law enforcement to mental health professionals. It has a high rate of addiction and is commonly linked to other crimes. The manufacturing of meth is associated with chemical explosions, toxic waste, and injury.

Because drugs are classified under the law by their danger and risk of addiction, methamphetamines are considered a Schedule II drug in Oregon. This means if you are caught in possession of meth, you will likely face felony charges and up to 5 years in prison.

Being accused of manufacturing meth is far more serious. You can face up to 10 years in prison for that charge alone. But, with meth manufacturing, you will also likely be charged with possession of precursor ingredients and if there are children in the home, child abuse.

Meth is a serious drug and is seen as such by prosecutors and judges in this state. If you are charged with a drug offense involving meth, you have every right to be nervous.

When facing charges as sobering as this, you need an experienced defense attorney on your side. Contact us for some free legal advice and to discuss the details of the charges against you.

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.

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.

Like most other states in the country, Oregon has “implied consent” laws. When you are a licensed driver it is “implied” that you “consent” to any blood alcohol tests, whether blood or breath, which may be performed by legal officials. Under this “implied consent”, if you refuse the tests, you can potentially lose your license.

Attorney John Kroger argued the position that no search warrant should be necessary for blood draws and the law should remain as-is. On the other hand, Peter Gartlan, head of the Office of Public Defense Services, defends the position that a search warrant should be required to ensure the rights of the people are protected, as the Constitution states they should be.

Gartlan argues an implied consent blood draw is an unreasonable search. Truthfully, if probable cause exists for the search, why shouldn’t the police be able to obtain a warrant? Kroger pointed out that the time it would take to obtain a warrant could hinder the state’s ability to get positive blood tests, simply due to the fact that blood alcohol content decreases with time.

As Justice Michael Gillete states in this article from The Statesman Journal, “Our Constitution often puts government at a significant disadvantage. That’s what it’s there for.”

His statement couldn’t be more on target. The Constitution is there to protect our rights. This can be inconvenient for people who represent the interests of the government, but necessary to maintain a fair system rather than a police-state.

If you are facing charges of DUI or any other criminal matter, the right defense attorney will be there to ensure your Constitutional rights are protected. Contact me to discuss your case today.