Oregon Criminal Defense Attorney

Even if you have not done anything wrong, being questioned by a police officer is a stressful, scary, uncomfortable experience. Harold William Gunn (Robert’s Father, Marc’s Grandfather) once said: “If you are charged with stealing a church, and they catch you running down the street with the steeple sticking out of your pocket, don’t admit anything until I get there.”

This was good advice then, and is good advice now. Under the Constitution of the United States, you have the right to remain silent . . . exercise it. When being questioned 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 are trained in investigation and interrogation. They are masters at 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.

In some cases, simply exercising your right to remain silent is enough to conclude an investigation. Unfortunately, silence alone is often not enough.

It is possible that regardless of what you say (or don’t say) that you will be arrested and potentially prosecuted for the crime the state believes you have committed. However, the chances of a successful defense are markedly increased if the individual being investigated remains silent until after speaking to a criminal defense attorney.

If you have been arrested for a crime, even if you were not taken to jail, you should immediately contact one of our attorneys to discuss your case. If you are seeking an attorney to represent you, we offer a no charge consultation and can answer many of your most pressing questions.

If you were taken to jail and were released, you were given a “release agreement” that includes your next court date. Make sure that you appear in court at the time, date, and place indicated. If you fail to appear, a warrant for your arrest may be issued.

It is to your advantage to hire one of our attorneys before you go to court. We will inform the court that we represent you, we will appear with you at your court appearance, will require the prosecutor to provide us with any evidence they have regarding the charges, and we will answer your questions and make sure you are prepared every step of the way.

Our criminal defense attorneys have experience with a broad range of criminal cases. We have represented individuals charged with all types of misdemeanor and felony crimes. Some of the cases we have handled for individuals include:

Misdemeanor and Felony Property crimes in All Degrees including: Theft, Theft by deception, Theft by extortion, Theft by receiving, Criminal Trespass, Possession of burglary tools or theft device, Unlawful entry into a motor vehicle (UUMV); Arson; Reckless Burning, Criminal Mischief; Forgery, Fraud and related crimes, Fraudulent use of a credit card, Negotiating a bad check, Making a false claim for health care payments, and Identity Theft

Misdemeanor and Felony Person Crimes in All Degrees including: Assault and related crimes, Menacing, Strangulation, Harassment, Recklessly Endangering, Criminal Mistreatment, Manslaughter, Criminally Negligent Homicide, Attempted Murder, and Robbery

Misdemeanor and Felony crimes involving Obstructing Governmental Administration in All Degrees 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.

Misdemeanor and Felony Sex Crimes in All Degrees including: Rape, Sexual Abuse, Sodomy, Unlawful Sexual Penetration, Contributing to the Sexual Delinquency of a Minor, Public Indecency

Misdemeanor and Felony Family Related offenses in All Degrees including: Child Neglect, Endangering the Welfare of a Minor

Misdemeanor and Felony Traffic crimes in All Degrees including: Driving Under the Influence (DUI, DUII, DWI), Driving While Suspended, Attempt to Elude, and Reckless Driving

Misdemeanor and Felony Drug and Alcohol Related Crimes in All Degrees 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 Misdemeanor and Felony Crimes in All Degrees including: Giving false information to a police officer, Coercion, Witness Tampering, Computer Crimes, Encouraging Child Abuse (child pornography), Stalking, Violation of Restraining Order, Animal Abuse, Unlawful possession of a weapon, Felon in possession of a weapon, Wildlife violations, Hunting and Game violations, and Racketeering.

If you face any criminal charge in the State of Oregon, give us a call!

The first appearance in a criminal case is called the arraignment. The purpose of the arraignment is to inform you of the nature of the charges and to inform you of your legal rights concerning those charges.

The judge will want to ensure that your name is correctly listed in the documents filed with the court, and that other personal information is also correct (date of birth, address, phone number). Some courts will automatically enter a “not guilty” plea on your behalf, other courts defer that decision to another date.

With rare exception, you will not be required to make any decisions regarding how you want to proceed, nor will you be required to talk about the nature of the charges. Retaining our attorneys before your arraignment allows us to help you from the very beginning of your case.

Yes! We have represented hundreds of individuals charged with the crime of Driving Under the Influence of Intoxicants. Whether this is your first or fifth DUII, we can help. Please see our detailed information regarding DUI cases here.

Measure 11 is a Ballot Measure approved by Oregon voters in November of 1994. Ballot Measure 11 requires judges to impose mandatory minimum prison sentences for certain crimes. These sentences range from 70 months (5 years 10 months) to 25 years (300 months). Measure 11 sentences do not allow for early release, or reduction in time served.

The following crimes fall under Measure 11 and upon a conviction, carry the indicated sentence

Criminal Charge	Minimum Prison Sentence
Compelling Prostitution, Kidnapping II, Assault II, Robbery II, and Pornographic Exploitation of a Child	70 Months (5 Years, 10 Months)
Sexual Abuse I, Unlawful Sexual Penetration II, Sodomy II, Rape II, Manslaughter II	75 Months (6 Years, 3 Months)
Arson I, Robbery I, Kidnapping I, Assault I, Conspiracy to Commit Murder, Attempted Murder	90 Months (7 Years, 6 Months)
Manslaughter I, Conspiracy to Commit Aggravated Murder, Attempted Aggravated Murder	100 Months (8 Years, 4 Months)
Unlawful Sexual Penetration I, Sodomy I, Rape I	120 Months (10 Years)
Aggravated Vehicular Homicide	240 Months (20 years)
When Victim is Under the Age of 12 Years and charge is Unlawful Sexual Penetration I, Sodomy I, or Rape I	300 Months (25 years)
Enhanced sentence when defendant has certain prior sex crime convictions, and the charge is Rape I, Sodomy I, Unlawful Sexual Penetration I	Life imprisonment without the possibility of release or parole

When facing Measure 11 charges, it is critical to hire an attorney with deep experience dealing with serious felony crimes in Oregon. Our attorneys have successfully defended Measure 11 cases since its inception, and have the experience and strategies you need to face these charges head on. We offer a complimentary confidential consultation, so please contact our office.

Oregon is an “open carry” state, which means that most adults have the right to possess and carry firearms without a permit. However, in order to carry a concealed weapon, a permit must be issued by your local Sheriff’s office.

Certain individuals cannot own a gun, and being in possession of a firearm is a crime under Oregon law for these individuals. You are prohibited from possessing a firearm if you are:

• Under the age of 18, except for hunting or with a parent’s consent;
• A convicted felon (this or another state) or a juvenile felony offender within the past 4 years;
• committed to the Mental Health and Development Disability Services Division or are mentally ill;
• Subject to a court order prohibiting the purchase or possession of firearms (such as supervised probation conditions or other similar orders);
• Are an inmate in an institution;
• Have been convicted of a “Crime of Domestic Violence”, including a Misdemeanor Crime of Domestic Violence.

Even if you may legally possess a firearm, unless you hold a valid concealed carry permit, you cannot carry a firearm concealed upon your person, nor may you have a firearm concealed within a motor vehicle.

Unless you have a valid concealed carry permit, if you are transporting a firearm in your vehicle, you should make sure that it locked in the trunk, or if you do not have a trunk, that it is in a locked case, is locked in the glove box, or is locked in the center console.

If you do not have a locked location within your vehicle, you should ensure that the gun is readily visible at all times, such as placing it on the dash of your vehicle.

Gun crimes can affect employment, your ability to hunt, and impair your constitutional rights. In some circumstances, such crimes cannot be expunged and have a lifetime impact.

Trying to handle these types of cases on your own, is not worth the risk. Contact one of our attorneys right away for a consultation.

If you are prohibited from possessing a firearm because of a felony conviction or a domestic violence conviction, it is possible under certain circumstances to restore your constitutional rights to possess a firearm. We not only defend people charged with gun crimes, but we also assist individuals to restore their gun rights.

Our attorneys are seeing an increased number of individuals who are being denied the right to purchase a firearm due to old misdemeanor convictions involving domestic violence.

If you have ever been convicted in Oregon or in another state of any Felony, or any misdemeanor for Assault, Strangulation, or Menacing, or any crime where there was any allegation of causing physical injury to a family or household member (including a boyfriend or girlfriend), or an allegation involving sexual abuse in any degree, call us before you consider purchasing a firearm. In many cases we can help you restore your gun rights before you complete a background check.

If you attempt to purchase a firearm, and are denied because you have a conviction for a crime of domestic violence or a felony, you will likely face new criminal charges which could prevent you from expunging your convictions for another ten years. If you have any doubt, call use first!

Yes! If you have been convicted of a crime, there may be a way to have that conviction forever removed from your record. Before even charging you for our time, we will discuss your case to decide if you qualify to have your record expunged.

If you qualify for an expungement, we will help you restore your clean record for a fair price as quickly as possible. Most crimes can be expunged or set aside (same thing). Certain convictions cannot be set aside such as: Sex Crimes, Crimes Against Children, Class A Felonies, and Traffic Offenses.

If you have only one conviction, you must generally wait three (3) years before you can expunge a conviction. If you have more than one conviction, you must be conviction free for ten (10) years.

If you have been free from any convictions for ten (10) years, we can expunge multiple convictions at the same time. For more detailed information, you can read our article about expungements, here.

If you would like to get a fresh start and have your record clear, give us a call and we will be happy to speak to you on the phone about your particular case, or schedule an appointment to meet.

Our attorneys have represented individuals in all types of drug cases. Whether you are charged with possession of a controlled substance, manufacture of a controlled substance, delivery or a controlled substance, or are charged with Racketeering involving drugs, we can help. We have represented individuals facing charges for all types of drug crimes such as:

Misdemeanor Drug Crimes *

• ORS 475.752 Unlawful possession of a controlled substance (Schedule IV, and V)
• ORS 475.814 Unlawful possession of hydrocodone
• ORS 475.824 Unlawful possession of methadone
• ORS 475.834 Unlawful possession of oxycodone
• ORS 475.854 Unlawful possession of heroin
• ORS 475.874 Unlawful possession of MDMA/Ecstasy
• ORS 475.884 Unlawful possession of cocaine
• ORS 475.894 Unlawful Possession of methamphetamine

Felony Drug Crimes – Heroin

• ORS 475.846 Unlawful manufacture of heroin.
• ORS 475.858 Unlawful manufacture of heroin within 100 feet of a school
• ORS 475.850 Unlawful delivery of heroin.
• ORS 475.852 Unlawful delivery of heroin within 1000 feet of a school

Felony Drug Crimes – MDMA/Ecstasy (3,4-methylenedioxymethamphetamine)

• ORS 475.866 Unlawful manufacture of MDMA / Ecstasy
• ORS 475.868 Unlawful manufacture of MDMA / Ecstasy within 1000 feet of a school
• ORS 475.870 Unlawful delivery of MDMA / Ecstasy
• ORS 475.872 Unlawful delivery of MDMA / Ecstasy within 1000 feet of a school

Felony Drug Crimes – Methamphetamine

• ORS 475.886 Unlawful manufacture of methamphetamine
• ORS 475.888 Unlawful manufacture of methamphetamine within 1000 feet of a school
• ORS 475.890(2) Unlawful delivery of methamphetamine
• ORS 475.890(3) Unlawful delivery of methamphetamine to a person under the age of 18 years
• ORS 475.892 Unlawful delivery of methamphetamine within 1000 feet of a school.

*These crimes may also be charged as a felony if the individual possesses a usable quantity and has a prior felony drug related conviction