Portland Criminal Law Blog
How the appeals process works
In Oregon, the verdict of a trial court is not the final say when a defendant is convicted of a crime. Instead, a defendant has the right to appeal their conviction if they believe that the trial court made an error. They may even have multiple courts that they can...
The problem with breathalyzers
Nobody should drink and drink, but we would all be fools not to admit that many people do drink while intoxicated. Sometimes the driver only had a couple of drinks and paired it with a meal and a glass of water. Other times the driver had few happy hour drinks without...
Rights under the Fifth Amendment
In Oregon and across the U.S., individuals have the right to "plead the Fifth" when in police custody or in court. When exercising this Fifth Amendment right, a person may choose not to answer questions related to his or her arrest. This right is granted under the...
Can your criminal charges be set aside?
After you have been convicted of a crime and served your time, having a criminal conviction or arrest on your record can be life-changing. It can limit your ability to find work and housing. However, Oregon does offer you the opportunity to have certain crimes “set...
This is what happens at a DUI preliminary hearing
The legal process for a DUI case depends on its severity and whether the prosecutor is willing to reach a plea bargain with the defendant. In some cases, the defendant may have a preliminary hearing in court. This is almost like a mini-trial in which the prosecutor...
What you need to know about breath tests
Breath tests—often called breathalyzer tests—are one important way that officers determine whether a driver has been operating their vehicle while under the influence of alcohol. If an officer asks you to take a breath test in the field, it can create damning evidence...
There are limits on pre-trial detention
Oregon criminal defendants have a constitutional right to a speedy trial. When it comes to being held after they are arrested, they must be released within a certain period of time if the court determines that they are able to post a bond. In a criminal case, this...
When a police officer can conduct a search
People who are facing criminal charges in Oregon may have been subject to a police search and seizure. Police are allowed, in some circumstances, to search a person’s home, car or person in order to seize evidence of a suspected crime. However, police have limitations...
New Supreme Court ruling calls out Oregon’s conviction process
The Supreme Court ruled this April in its case, Ramos v. Louisiana, that the US constitution requires unanimous verdicts for felony convictions. Until now, two states (Oregon and Louisiana) did not require a unanimous jury for felony convictions. This ruling...
Oregon senator drafts bill to close drunk driving loophole
An Oregon senator has introduced legislation that would make it an offense to have a blood alcohol concentration of .08% or higher two hours after driving a motor vehicle. Senator Peter Courtney says that he drafted Senate Bill 1503 to close a loophole stemming from a...
