Oregon Criminal Defense Lawyer

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Criminal Defense Attorney in Oregon

Brian Kuester
Attorney Brian Kuester
Oregon Criminal Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley

Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

Oregon has a number of large and quirky cities such as Bend and Portland. It is the home of Nike, the University of Oregon, and a number of natural attractions such as the Columbia River Gorge and Crater Lake National Park. Although the state has developed a reputation for changing how people think about crime and justice, it’s still not a good idea to break state or local laws. Let’s take a closer look at what you should know if you’re targeted by authorities and the benefits of hiring an Oregon criminal defense attorney.

Your Rights During the Legal Process

If you are charged with a crime, you have the right to remain silent and the right to ask for an attorney. Ideally, you’ll stay quiet because doing so may prevent the government from obtaining information that might be used against you before or during trial.

Furthermore, it’s generally in your best interest to hire an attorney before answering any questions if you do plan to speak. Taking such a step ensures that you understand the ramifications of any statement that you might make and that you aren’t inadvertently saying anything that could potentially incriminate you.

It’s also important to understand that the government cannot set bail above an amount that would be considered fair in your case. For example, if you’re charged with petit larceny, you’ll probably pay less than you would if you committed murder as one crime is considered more serious than the other. The government must also try your case in a timely fashion, and failing to do so may result in the charges against you being dropped.

Finally, the government cannot search or seize property without a warrant or an exception to the warrant requirement, such as your consent. If you are the victim of an illegal search or seizure, any evidence obtained improperly may be ruled inadmissible at trial.

Why You Should Hire Our Firm

The primary reason why you should hire The Criminal Defense Firm is that we have a roster of attorneys who have spent time within the federal government. Therefore, your Oregon criminal defense attorney will likely be someone who has experience with the federal trial system or has worked as a member of a federal agency such as the IRS or OIG.

This means that your attorney may be able to determine what type of stance to take in your case simply by looking at what the state is doing. For example, if the state drags its feet when deciding to press charges, it may mean that there might not be enough evidence to obtain a conviction. It could also mean that state authorities don’t actually take the case seriously and might be willing to accept a favorable plea deal.

In some cases, the timing of a plea deal itself might help you better understand the strength of the case against you. For instance, if the government offers a deal right away, it may be a signal that it wants to resolve the matter quickly and is simply hoping that you’ll agree to the first deal you hear. Of course, the eagerness with which a plea deal was made may indicate that you can do better or that it might be possible to go for a full acquittal.

The Types of Cases Our Firm Handles

Our firm will be able to help with just about any type of state criminal case that you might face. For instance, if you are charged with assault, we can likely help you avoid some or all penalties associated with the charge such as jail time or a fine. We may also be able to help you overcome drunk driving, disorderly conduct, or larceny charges.

Other types of criminal charges we might be able to help with include murder, arson, and rape. If you are charged with tax evasion, crimes involving computers, or drug possession, our firm might be able to assist as well. Let’s take a closer look at some of these charges and what we might be able to do to help.

Assault

Assault charges generally stem from altercations that lead to injuries. While Oregon has four degrees of assault, they all involve inflicting physical harm on someone else. Most degrees require intentional conduct. However, even criminally negligent conduct can lead to assault charges if it involved the use of a deadly weapon.

Drunk driving

Drunk driving occurs when you operate a vehicle with a blood alcohol content (BAC) of .08% or higher. However, if you are showing any signs of impairment such as slurred speech, bloodshot eyes, or difficulty standing, you may be charged with impaired driving. Criminal charges may also be levied if an officer notices a smell of alcohol or marijuana coming from your car.

Larceny

Larceny means that you have stolen merchandise from a person or retailer. It may also be referred to as a theft or a burglary charge. However, it is important to note that a burglary charge may still apply if you enter a structure for the purpose of committing a crime.

How Might We Help?

Your attorney might cast doubt on the results of a toxicology report, a witness statement, or other evidence used to justify charging you with a crime. We may also argue that you were a victim of mistaken identity or that the person who contacted authorities had a vendetta against you. Finally, we may have you testify on your own behalf in an effort to make you appear more sympathetic to the jury.

Frequently Asked Questions

What should I expect during the initial consultation?


During the initial consultation, you will be given an opportunity to tell your story and learn more about how our firm might meet your needs. In most cases, the conversation will last for 15 to 30 minutes. There is no need to provide your name, location, or other information before you hire us. However, the more information we have, the easier it might be to choose an attorney who is best suited to defend your interests. It’s also worth mentioning that everything you say during this talk is typically covered by attorney-client privilege and that the consultation itself is free.

What happens after the consultation?


After the consultation is over, we will send you a service contract that you can choose to sign or ignore. There is no obligation to hire us simply because you engaged in the consultation process. However, if you do decide to hire us, an attorney will be selected to represent you. A meeting will likely be scheduled within hours or days to meet with that person. However, in the meantime, your attorney will likely take steps on your behalf to help with your case. These steps may include negotiating a plea deal, working to get charges dropped entirely, or helping to secure your release pending trial.

What happens if I refuse to talk to authorities?


As a practical matter, you can’t be charged with a crime simply because you refuse to answer questions. Furthermore, you can’t be convicted of a crime simply because you refused to talk to authorities or refused to testify at your trial. If you are coerced or tricked into talking, any statements that you make may be suppressed.

What happens during sentencing?


Despite our best efforts, there is a chance that you will be convicted of the crimes that you’re accused of committing. If that happens, the judge will take a number of factors into consideration when determining your sentence. For example, the judge may be bound by state minimum sentencing guidelines. However, whoever is overseeing your case may also need to take into account your criminal history, the type of offense you were convicted of, and the likelihood that you’ll reoffend again. It’s possible that a sentencing report will be created in your case, which means that it might be several weeks between the time that you are found guilty and the time when you actually learn your fate.

Can I appeal my conviction?


Yes, you will be given an opportunity to appeal your conviction assuming that the paperwork is filed in a timely manner. Your attorney will likely do that on your behalf to ensure that an appellate court has the chance to review the trial court’s actions. If necessary, it may be possible to appeal the case to a higher state court or all the way to the Supreme Court.

Contact The Criminal Defense Firm Today

If you are in need of an Oregon criminal defense attorney, contact the nationwide intake number at 866-603-4540 or fill out the online contact form on our website to get answers to your questions.

Areas of Practice in Oregon

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540