Oregon Criminal Defense Legal Questions

If you are in Portland you may contact the Independent Police Review division of the city auditor's office at 503-823-0146. They investigate citizen complaints. Otherwise, check with your city government to see fi they have an independent police oversight authority. You may also consider contacting a civil rights attorney to explore whether you have any civil remedies for what may have happened to you. The Oregon State Bar has a free referral service at 503-684-3763. Wm.... Read More

Yes, you should get an attorney for fight this charge. The prosecuting authority may consider dismissing the charges against your son or others, or some other action short of conviction, depending on the circumstances and the background of the minors. An attorney would know how to best present your son's situation to the prosecutor and as such, you should hire an attorney for him.... Read More

Theft of less than $950.00 is petty theft. The first three times a person is convicted of petty theft it is a misdemeanor. Misdemeanors are punished by up to one year in the county jail and/or up to a $1,000.00 fine. Felonies are punished by sixteen months, two years, or three years in state prison. The normal punishment for first time petty theft is three years summary probation, a fine, community service, theft classes, and restitution to the victim.... Read More

Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interrogation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal re-partition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor's case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.... Read More

It could be a trespass as you are coming onto their property to do something you are not permitted to do. You need to check OR law and the local zoning ordinance. It may be interesting to take such a case up to the OR appellate courts. However, this would involve time and expensive lawyer fees. You just may want to put your garbage in your own receptacle.... Read More