Oregon Criminal Defense Legal Questions

I strongly suggest for you to consult with an attorney before entering a plea of guilty! Also, be aware that you should not post specific facts about your case on the Internet, as the Prosecutor and Police can use them against you. Theft II is a serious crime. If you are convicted of a new theft two charge you are facing a maximum of a year in Jail and a fine of $6,250.00. Plus you are on bench probation, so the judge can order additional jail or consequences if you are found in violation of probation. Although you might not receive the maximum Jail on this charge, Washington County is known for not being sympathetic to repeat offenders. However, it appears you may have a viable defense. In order to prove that you are guilty they have to prove that you took the groceries valued at over $100.00, with the specific intent to permanently deprive the grocery store of the groceries. An Attorney will help you develop the defense and may be able to have the case dismissed based on a lack of intent. Remember you are absolutely innocent until proven guilty and you should have an Attorney to ensure that right is honored. Attorneys do not cost as much as you may think. Work release programs can cost you additional money on top of the fines and fees you will be ordered to pay. Not to mention you will have to arrange for someone to care from your children while you are incarcerated. Additionally, Attorneys are often able to save their clients money in fines, fees, and penalties.... Read More

Jail time is never a guarantee. You have the right to trial, and if you win, you will clearly not go to jail. Also, many courts have a deferred sentencing program-that will likely keep you out of jail. I would contact an attorney immediatly. I would be happy to speak with you, but I will need much more information to give you a proper answer to your question.... Read More

The practice of law is regulated by legislatures and courts. While statutes and rules vary among states, all 50 states prohibit the unauthorized practice of law. The legal system is complex. It is generally believed that restrictions prohibiting non-lawyers from acting as lawyers to others serve to protect the public from unfavorable consequences of the actions of persons who are insufficiently trained or who might use the system for their own gain. Also, there is concern that since non-lawyers are not officers of the court, they might not be accountable for their actions. As one court said back in 1877, "The license furnishes the evidence that the law demands for the security of the public, first that the holder thereof is a person of probity of character, and second, that he is skilled in the law, and, therefore, qualified to practice as an attorney and counselor." In Oregon, where you are from, with some exceptions, only lawyers who are licensed and active members of the Oregon State Bar may practice law in the state. The courts in Oregon have defined the practice of law as including, among other things, appearing on behalf of others in Oregon courts and administrative proceedings. One of the exceptions in Oregon is that a person may be represented by a non-lawyer in "justice courts." A justice court is a local court in which matters are presided over by a justice of the peace. Justice courts are a remnant from territorial days and are generally created by the county court or the board of county commissioners. Justice courts have jurisdiction over non-felony criminal offenses in their counties. Mostly they hear cases involving traffic, boating, wildlife and similar violations. Thus, as a defendant in an Oregon criminal case, unless you are being charged in a justice court, while you have the right to represent yourself, you do not have the right to be represented by a non-lawyer of your choosing. Jeralyn Merritt, Ask a Lawyer Panelist since 1998    ... Read More