Navigating the legal system can be intimidating. That’s probably why you asked for a lawyer. Or maybe you said you didn’t want a lawyer, and the judge convinced you otherwise. This guide is intended to give you some basic information about the legal process, and about being charged with a crime in Douglas County. We’ll cover all this stuff at our first appointment, but I know some people want to find out everything they can in advance, so here you go.
Maximum penalties:
If you are charged with a misdemeanor, you face the maximum penalty of 364 days in jail and a $6,250 fine if it’s a Class A misdemeanor. Class B and C misdemeanors are less. For felonies, the maximum penalty is 20/10/5 years prison and a fine of $375,000/$250,000/$125,000 for Class A, B and C felonies, respectively. Please don’t stress out regarding these maximum penalties – it is unlikely they apply to your situation, because if the crime was serious enough to warrant the maximum, you would probably be held in jail instead of released out of custody. With the exception of Measure 11 felonies, repeat property offender crimes and DUII, most felonies in Oregon are punishable based on your prior criminal history. Some charges, like drug possession, always fall into a set sentence of 10 days jail or work crew, unless special circumstances apply. Other crimes may alternatively result in either jail or prison time, depending on prior history. Misdemeanor crimes have no set guidelines, other than the maximums.
Plea bargains vs. going to trial
I am an attorney because I love going to trial and helping clients. But very few cases end up in trial, simply because 1) prosecutors end up dismissing their weakest cases, 2) prosecutors have the power of the state and can leverage their position with the threat of even worse charges, and 3) most people seem willing to cut any deal they can that spares them jail or prison time, even if they did not commit the crime. As a client, you get to make the decision about whether to go to trial or whether to take a negotiated plea with the prosecutor. The prosecutor isn’t required to make a deal, but they typically do, because they are too busy to go to trial on every single case. I would estimate about 1 out of every 20 clients ends up deciding to go to trial.
Other options
If police violated your constitutional rights, it may be possible to file a motion to have the evidence suppressed. If the crime you are charged with involves a victim who does not want the prosecution to continue, it may be possible to file a motion having the case dismissed. [DO NOT TAKE MATTERS INTO YOUR OWN HANDS OR TALK TO VICTIMS. THIS IS WHY YOU HAVE A LAWYER.] These are options we can discuss when we meet.
Timelines
If you have been charged with a misdemeanor or contempt of court, you should have a date where you are required to show up to court with me. If you don’t know that court date or are unsure, please call my office to check. If you are charged with a felony, you may or may not have a future court date with me, depending on whether you have been indicted (formally charged by the grand jury) for the crime. In all criminal cases, the first real court date after you ask for a lawyer is called arraignment. The judge will want to know at that time whether the case is likely to resolve, or whether you want to schedule a trial date. It is very important to meet with me before this stage, but sometimes that ends up not happening. If we have to go to arraignment without a plan, we can always ask the judge for several weeks time to plan our next move. However, it is preferable to know what is happening in advance, so we do not waste your time, my time or the court’s time. Trials typically are scheduled for a time 3 to 6 months after your arraignment date. It is important to be ready for trial by that first trial date, but keep in mind that courts are very busy and many times, a case will get bumped because the courtroom is double-booked, or someone with a more serious case had a trial scheduled for the same day and courtroom that you did. Also, Covid has made trials much more rare.