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Salem Criminal Defense Lawyers

Competent Criminal Defense Attorney in Marion County

Under the Constitution of the United States, you have the right to remain silent . . . exercise it. Our attorneys located in Salem, OR will take your case seriously. Often when being investigated by law enforcement as a suspect in a criminal investigation, it is best to say nothing at all. Do not respond to the frequently used line “If you are not guilty, why do you need an attorney?” Police Officers in Salem, Marion County, Polk County and other areas are trained in investigation and interrogation. They are masters of obtaining confessions. This is what they are paid to do, and this is what we expect them to do. Regardless of education or experience, an individual being investigated for a crime is at a serious disadvantage. Even if you are certain that you are “innocent,” you should still politely decline to answer questions regarding the matter, and instead tell the investigating officer that you wish to “invoke your right of silence” and wish to have an attorney present before answering any questions.

This does not mean you will not be arrested or that the matter will simply go away. Sometimes that happens; sometimes the individual is still arrested. However, the chances of a successful defense are markedly increased if the individual being investigated remains silent until after speaking to an attorney.

Our attorneys in Salem have experience with a broad range of criminal cases. We assist individuals charged with all types of misdemeanor or felony crimes. Some of the cases we have handled for individuals include:

Property Crimes, including:

  • Theft (1st degree, 2nd degree, 3rd degree)
  • Theft by deception
  • Theft by extortion
  • Theft by receiving
  • Burglary (1st degree, 2nd degree)
  • Criminal Trespass (1st degree, 2nd degree)
  • Possession of burglary tools or theft device
  • Unlawful entry into a motor vehicle (UUMV)
  • Arson (1st degree, 2nd degree)
  • Reckless Burning
  • Criminal Mischief (1st degree, 2nd degree, 3rd degree)
  • Forgery, Fraud and related crimes, including:
  • Forgery (1st degree, 2nd degree)
  • Fraudulent use of a credit card
  • Negotiating a bad check
  • Making a false claim for health care payments
  • Identity Theft

Assault and related crimes, including:

  • Assault (1st degree, 2nd degree, 3rd degree, 4th degree)
  • Menacing
  • Strangulation
  • Harassment
  • Recklessly Endangering
  • Criminal Mistreatment (1st degree, 2nd degree)
  • Robbery (1st degree, 2nd degree, 3rd degree)

Obstructing governmental administration crimes, including:

  • Tampering with a witness
  • Interfering with a peace officer
  • Interfering with a firefighter
  • Resisting arrest
  • Hindering prosecution
  • Criminal impersonation of a police officer
  • Initiating a false report
  • Official misconduct (1st degree, 2nd degree)

Sex Crimes, including:

  • Rape (1st degree, 2nd degree, 3rd degree)
  • Sexual Abuse (1st degree, 2nd degree, 3rd degree)
  • Sodomy (1st degree, 2nd degree, 3rd degree)
  • Unlawful Sexual Penetration (1st degree, 2nd degree)
  • Contributing to the sexual delinquency of a minor
  • Public indecency

Family Related Offenses, including:

  • Child Neglect (1st degree, 2nd degree)
  • Endangering the welfare of a minor

Traffic Crimes, including:

  • Driving Under the Influence (DUI, DUII, DWI)
  • Driving While Suspended
  • Attempt to Elude
  • Reckless Driving

Drug and Alcohol Related Crimes, including:

  • Possession of Controlled Substances
  • Distribution of Controlled Substances
  • Unlawful Manufacture of Controlled Substances
  • Possession / Distribution / Manufacture of marijuana, heroin, methamphetamine, cocaine
  • Unlawful delivery to minors
  • Unlawful sale / purchase of alcohol to / by minors
  • Minor in possession of alcohol (MIP)
  • Tampering with drug records

Other Crimes, including:

  • Giving false information to a police officer
  • Coercion
  • Witness Tampering
  • Computer Crimes
  • Encouraging Child Abuse (child pornography) (1st degree, 2nd degree, 3rd degree)
  • Stalking
  • Violation of Restraining Order
  • Animal Abuse
  • Unlawful possession of a weapon
  • Felon in possession of a weapon
  • Wildlife violations
  • Hunting and Game violations
  • Racketeering

Regardless of the charges you may be facing, the attorneys at the Gunn&Gunn Law offices in Salem will take you and your case seriously – call us today!

    Call For An Appointment

    503.362.GUNN

    Oregon DUI or DUII

    Arrest

    Under Oregon law, you may be arrested for the crime of Driving Under the Influence of Intoxicants (sometimes referred to as DUI or more appropriately DUII), if a Police Officer believes that you were driving a motor vehicle, (including bicycles, recreational vehicles and boats) on a premise open to the public, while you were impaired to a noticeable or a perceptible degree by an intoxicant. Intoxicants include not only alcohol and illegal drugs, but may also include prescription medications and inhalants.

    Implied Consent Law

    Under Oregon law, by driving a motor vehicle you have “implied” that you will consent to a search of your breath, blood, or urine if you are arrested for Driving Under the Influence. If your blood alcohol level is shown to be .08% or greater, you will be deemed to have “failed” the breath test. If you are under the age of 21, any amount of alcohol in your blood is grounds for a suspension of your license.

    If at the time of your arrest, you have a valid Oregon Driver License, the officer will confiscate your license and issue a temporary “license” or permit for 30 days. After 30 days, however, that “permit” is no longer valid.

    You are entitled to request a hearing regarding any proposed suspension of your license. However, you must request that hearing within 10 days of your arrest. If you fail to make a timely request, you will not be entitled to a hearing, and the proposed suspension will take effect without further notice or opportunity for a hearing.

    Suspension lengths vary. If you are arrested for driving under the influence of intoxicants and you:

    1. Take a breath test and fail it – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.
    2. Refuse to take a breath test – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
    3. Refuse to take a urine test – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years. The suspension for refusing a urine test will not start until any other implied consent suspension (even from the same arrest) is over.
    4. Refuse to take a blood test while receiving medical care in a health care facility following a motor vehicle collision – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
    5. Fail a blood test while receiving medical care in a health care facility following a motor vehicle collision – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year. This suspension will begin on the 60th day after DMV received the report that you failed the test. DMV will send a suspension notice to the address on your driving record to inform you of the suspension dates. The officer will not confiscate your driver license and issue a 30-day temporary driving permit. You are required to return any license in your possession to DMV when the suspension begins.

    If you are arrested for DUII (DUI), you should immediately contact an attorney to discuss your case. Because you must take action within 10 days of the date you are arrested, it is important that you not delay speaking to an attorney. Our firm understands the urgency of such cases, and we are generally able to speak to you by telephone or in person immediately if you have been arrested for DUII (DUI).

    Criminal Charge

    Driving Under the Influence of Intoxicants is a crime in the State of Oregon. The seriousness of the crime will depend upon your past history with DUII (DUI) in this or another state. Generally DUII (DUI) is a Class A Misdemeanor. This means that the maximum penalty is up to 12 months in jail and a fine of up to $6,250.00 or both. If, however, you have previously been convicted of DUII (DUI) on 3 prior occasions within ten years (2 prior occasions under the recently passed Measure 73), then DUII (DUI) is a Class C Felony.

    A conviction for DUII carries a mandatory minimum penalty of 48 hours jail or 80 hours of community service, a license suspension, a fine, and the requirement to complete an alcohol treatment program. The length of the license suspension is established by statute and is not subject to modification by the court. On a first conviction (within five years), the suspension period is 1 year. For a second conviction within five years, the suspension period is 3 years. On a third or subsequent conviction, the penalty is the revocation of driving privileges. This is a lifetime revocation. However, after ten years, the individual may petition the court for restoration of privileges to drive, but there is no guarantee that the court will reinstate privileges

    If an individual is convicted of a DUII as a Felony, under Measure 73 there is a mandatory jail sentence of 90 days. If an individual is convicted of a fourth DUII within ten years, the presumptive jail sentence under the Sentencing Guidelines is 13 to 14 months in prison. Given the serious nature of a DUII conviction, it is important to receive competent legal advice before making any decisions which may have long term consequences.

    Diversion

    If an individual has not been convicted of a DUII (DUI) or participated in a DUII Diversion program within 15 years, that individual may be eligible for entry into the DUII Diversion program. A Diversion allows the individual to avoid a criminal conviction for DUII (DUI), and many of the most serious consequences that flow from a conviction.

    Certain individuals are not eligible for a Diversion. The following make an individual automatically ineligible to participate in a Diversion:

    1. Holding a Commercial Drivers License (CDL)
    2. Operating a Commercial Vehicle at the time of arrest (CDL or not)
    3. A prior DUII (DUI) or Diversion within 15 years
    4. An accident involving injury to another person
    5. A conviction, or pending charges, for certain serious traffic crimes (murder, manslaughter, assault, criminally negligent homicide, arising from the operation of a motor vehicle)

    In order to participate in a DUII Diversion program, the individual is required to enter a plea of “guilty” or “no contest” to the criminal charge. If the individual thereafter fails to complete the diversion, the plea cannot be “undone” and the individual is simply convicted of the crime as if found guilty at trial. Therefore, before electing to participate in a diversion, it is important to speak to an attorney regarding your case, and to explore any possible defense you may have to the charge or any possible alternative resolution to the case.

    If a diversion petition is granted, the court will place the case “on hold” for one year. The individual will then be required to do the following:

    1. Pay a fee to the court ($490.00 +/-)
    2. Complete an alcohol/drug evaluation and pay the fee ($150.00)
    3. Complete an alcohol/drug treatment program (cost varies by provider)
    4. Attend a victim impact panel and pay the associated cost ($40.00 +/-)
    5. For 12 months, not use alcohol.
    6. Install and Ignition Interlock device for the period of the DUII diversion.

    If successfully completed, a DUII Diversion does not result in a conviction for DUII, a license suspension, jail time, or a fine (other than court fees). Therefore, a Diversion is generally a good alternative for an individual who would otherwise be found “guilty” at trial, and who has not participated in a Diversion or other similar program within 15 years. Though an attorney is not required to enter a Diversion, courts will generally encourage individuals considering a Diversion to seek and retain legal counsel. An attorney is able to assist the individual in evaluating the case, preparing the necessary paperwork, and guiding the individual through the processes.

     

    Call For An Appointment

    503.362.GUNN