What is a felony in oregon
Do not miss your court date, and be on time. If you were arrested for a serious felony charge or a domestic violence offense , you will most likely be booked into custody and brought before a judge the next business day. If you are held in custody, you will probably have bail set. In Oregon, we do not use a bail bond system. For lesser felony and most misdemeanor charges, defendants are often released pending trial even if they are unable to post bail.
Prior to your first court appearance, the county district attorney's office or the city attorney's office if you are cited to appear in a municipal court will review the police reports and make a decision about what charges to file against you. You will find out exactly what charges you're facing at your first court appearance. Adopt my Ten Habits of Highly Successful Criminals though the title is tongue in cheek, the advice is genuine :. When contacted by law enforcement, invoke your right to silence.
Do not make admissions; do not confess; do not lie. Simply say, "I don't want to speak with you. Confession may be good for the soul but it is the single most damaging thing you can do to yourself in a criminal investigation.
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When contacted by law enforcement, invoke your right to counsel. Be polite but firm. Do not allow yourself to be manipulated by the police. The best police interrogators are master manipulators. When an officer says, "Why do you need an attorney if you're innocent? Refer again to Habits 1 and 2. Do not consent to any search.
Always insist that the police get a search warrant. Do not take a police polygraph lie detector examination. Refer again to Habit 3. Beware of the pre-text phone call. When investigating certain crimes, especially sex offenses, law enforcement may direct the complaining witness to telephone the suspect in an attempt to elicit admissions or other incriminating statements. Unbeknownst to the suspect, these calls are monitored by law enforcement, are recorded, and will be played at your trial. Beware of the computer. Email, instant messages, browser history, digital photographs, and other information stored on your hard drive may be accessed by law enforcement computer specialists even when you think it has been deleted.
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Craigslist, Facebook, Backpage, and Twitter are not your friends. Remember the words of Eliot Spitzer, " Never write when you can talk. Never talk when you can nod. And never put anything in an email. Beware of cellular phones. Detailed call records, voice mail messages, photographs, text messages, and suspect tracking though triangulation frequently aid law enforcement investigations.
Contact an experienced criminal defense lawyer as soon as you believe you are under investigation.
Beware of jail telephone calls. Law enforcement monitor and record jail calls. Don't talk about your case with anyone other than your lawyer on a jail phone; don't talk to the complaining witness victim on your case; don't threaten anyone. However, many convictions result in little or no time in custody. The amount of incarceration jail or prison received will depend on a number of factors, including but not limited to the following:. Jail refers to your local county detention facility e. People generally serve time in jail if they are being held pending trial or if they are serving a sentence of a year or less.
Prisons are state correctional facilities where people generally serve sentences greater than one year. Some jurisdictions offer alternatives to short jail sentences. These may include community service, work release, work crew, home confinement also known as electronic monitoring. Sometimes jail for sentences of one year or less or prison sentences of more than one year is the only option. Talk to your lawyer about what may be available to you. Some serious felony Ballot Measure 11 crimes come with lengthy mandatory minimum prison sentences. A felony conviction on your record can also make it harder to find employment or housing.
The potential sentences for these crimes are stated in the particular law that describes the offense. Judges are given some leeway in your sentence.
Because a Class B felony can carry up to 10 years in prison, this means it could also carry 1 year or 5 years. How the judge determines where at in a range to sentence you is based largely on a presentence report.
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A presentence investigation is completed by a probation officer employed by the state of Oregon. This officer will gather much information on you through research and interviews and compile it for the judge. You, your family, employer, friends, and the alleged victim could all be interviewed as part of the investigation. A final pre-sentence report contains a lot of information designed to assist the judge in determining a sentence for you.
Your pre-sentence report could include:. Perhaps the most important part of the presentence report is the recommendation from the investigating officer.
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The officer will use all of the information gathered to determine what kind of sentence she feels would be appropriate for you. HuffPost is now part of the Verizon Media family. We Verizon Media and our partners need your consent to access your device, set cookies, and use your data, including your location, to understand your interests, provide relevant ads and measure their effectiveness.
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