When you interact with any Oregon law enforcement agency, you will likely be scared. This is regardless of whether you have done anything wrong. And, one inquiry that often comes up is the intricacies of identification laws and your rights during these police encounters. ID requirements Oregon law does not mandate carrying identifications at all times. However, drivers must present their driver’s license if requested while operating a vehicle. “Stop and ID” laws Oregon enforces “Stop and ID” regulations. This means that if you are stopped by the police based on their reasonable suspicion that ..read more

When you’re the subject of a criminal investigation, it’s only a matter of time before the police come knocking at your door. When that happens, are you under any obligation to answer and cooperate with law enforcement? Generally speaking, no. The only time you would need to allow the police to enter your residence is when they have a valid search warrant. That said, there are some exceptions to the warrant requirement that may allow the police to enter your home. The biggest mistakes you can make when the police show up at your home There are two big mistakes that you can make when law enforc ..read more

When you’re under criminal investigation, the police are probably going to bring you in for questioning. Sometimes you’re free to leave the interview whenever you want, but sometimes the police hold you in custody while they interrogate you. Either way, you need to be careful with how you interact with law enforcement, as talking to the police can put your criminal defense in dangerous territory. Let’s take a closer look at how the police try to trip you up during this questioning. Top reasons why you shouldn’t talk to the police Regardless of how friendly investigators may seem, they’re not y ..read more

If you’ve been charged with a criminal offense, then the prosecution has witnesses lined up to testify against you. Some of these witnesses might even be people that you trusted at one point in time, while others could have an axe to grind. Either way, you need to know how these witnesses are going to testify and figure out what you can do to discredit what they have to say. One way to do that is to aggressively and effectively use depositions. How can a deposition help your criminal defense? Through the deposition process, you take sworn testimony from witnesses outside of court and prior to ..read more

A verbal altercation can quickly turn physical. When that happens, someone could end up hurt, the police might be called, and you could be charged with a violent crime. If you’re not careful in crafting your criminal defense, then these charges could lead to conviction and the harsh penalties associated with it, including jail or prison time, a lingering criminal record, and irreparable damage to your reputation and your career. To avoid this outcome, you need to mount an aggressive criminal defense. One of the most effective strategies that might be at your disposal here is self-defense. Unde ..read more

Anyone who has been arrested for driving under the influence of alcohol in Oregon probably knows that there is one key to the case: the prosecution must prove that the driver was actually intoxicated while behind the wheel. These days, a crucial piece of evidence helps the prosecution with that element of the case – a measure of the defendant’s blood alcohol concentration, commonly referred to as BAC. BAC basics The most basic definition of BAC is that it is a measure of the amount of alcohol in a person’s bloodstream at any given point in time. Most of our readers know that 0.08% is the “lega ..read more

People in Oregon who have been convicted of a crime will face consequences for that including the possibility of jail time, fines and a criminal record. Once they have served their sentence, they can face additional challenges trying to reintegrate into society with the negative connotations that accompany a criminal past. For many, an expungement – also referred to as a “set aside” – can be helpful. However, a common sticking point is if there is an objection. When trying to receive an expungement, it is important to know about objections and how to address them to achieve the desired goal of ..read more

In the state of Oregon, many acts of physical violence and threats of physical violence result in assault charges. An assault may be considered domestic violence if the victim is classified as a family or household member. Under Oregon’s Family Abuse Protection Act, the following people may legally be considered family or household members: Spouses (current or former). Related adults (through blood, marriage, or adoption). Persons who live together (currently or previously). Parents of a child (unmarried). People currently in a sexually intimate relationship or who have been in a sexually inti ..read more

If you are charged with driving under the influence of intoxicants (DUII) in Oregon, the penalties you may face can depend on several factors. These include whether it is your first offense, your blood alcohol concentration (BAC) level and other circumstances involved in the incident. Penalties The specific penalties may vary, but generally for a first offense, you may be required to complete jail time and community service, pay fines, face a driver’s license suspension for one year and complete a diversion program. For a second offense, you may face longer jail time, higher fines and your veh ..read more

In an important decision, a federal judge recently ruled that the state of Oregon must provide lawyers within seven days for anyone sent to jail. If the state is unable to do so, the sheriff must release the person from custody. This is the latest action in a long-running scandal within Oregon’s criminal justice system. The right to counsel The Sixth Amendment to the U.S. Constitution provides that every criminal defendant has the right to a lawyer to help with their defense. Sixty years ago, in the important case Gideon v. Wainwright, the U.S. Supreme Court held that this Sixth Amendment prot ..read more