TIP OF THE MONTH

These tips are intended to educate the reader about areas of the law that make up my practice. I hope this information is helpful and that it increases the reader’s knowledge and understanding of the legal system.

Other Tips

• Arbitration
• Attorney's Fees
• Can I Get My Record Expunged?
• Can I Handle My Personal Injury Claim Myself?
• Diminution in Value
• Do I Need a Will?
• How Does Negligence  Affect a Personal Injury Suit?
• How Much Is My Case Worth?
• How To Expunge Your Record
• I Am Injured. Now What?
• State Court Versus Federal Court
• What If I Cannot Afford A Lawyer?
• What Is Community Court?
• Oregon Lemon Law

STAGES OF A CRIMINAL CASE - ARRAIGNMENT

After arrest or citation, the first stage in a criminal case is arraignment. Arraignment is the formal presentation of criminal charges against a person – the defendant. The charges are listed on a piece of paper known as an “information.”

If the crime charged is a felony, the process is a bit more complex. A felony is a crime punishable by more than a year in jail, whereas a misdemeanor is one that is punishable by one year or less. After a defendant is arraigned on the “information” in a felony case, the prosecutor presents the case to either a judge in a “preliminary hearing,” or to a grand jury. One or the other of these processes is used, not both, at the discretion of the prosecution (also referred to as “the State”).

The grand jury or the preliminary hearing are considered to be a protective measures to ensure that a prosecutor does not initiate felony prosecutions for a bad purpose – to punish a political rival, for example. The judge in a preliminary hearing (or the grand jury) listens to the State’s evidence and decides whether there is sufficient evidence (i.e., probable cause) for the case to go forward. If not, the information is dismissed. If there is probable cause to believe the defendant committed a felony, an “indictment” is issued. The indictment looks the same as an information – it sets forth the allegations of criminal behavior of the defendant and the names of the crimes – but instead of saying “information” at the top it says “indictment.”

Next the defendant is arraigned a second time – on the indictment. (If the charged crimes are misdemeanors, there is only a single arraignment on the information, but the felony process requires two arraignments.) A person’s release status is also determined at arraignment. The defendant can be released on her own recognizance (“recog’d”), or she can post bail (10% of the listed bail amount), or the defendant can be placed on some type of third-party release.

Multnomah County has a Pretrial Supervision Program (“PSP”). PSP will interview the defendant and recommend whether it will supervise her or not. A person’s ties to the community, past failures to appear for court dates and the seriousness of the crime alleged are considered by the court when deciding whether the defendant is PSP eligible or not. If so, PSP supervises the defendant on release, much as a probation officer does after a conviction. If PSP supervises a defendant’s release, the defendant need not post bail. More information on PSP can be found here: http://www.co.multnomah.or.us/dcj/acjpretrial.shtml.

If a person is denied “recog” and PSP, then the defendant must post bail or will have to remain in jail until his case is heard.

Some counties, such as Multnomah, allow or require a defendant to enter a plea at arraignment. Unless the State is offering an extremely good offer at arraignment, all defendants, no matter how guilty or innocent, should plead “not guilty” at arraignment. This plea can always be changed to “guilty” at a later date if the State makes an offer that the defendant wishes to accept.

Areas of Expertise

Personal Injury

Auto, Truck, Car & Bike Accidents · Products Liability · Slip & Fall Accidents · Wrongful Death · Pedestrian Accidents

Criminal Law

Assault · Domestic Violence · Drugs · Fraud · Identity Theft · Measure 11 Offenses · Property Crimes · Theft

Consumer & Civil Rights

Auto Purchases · Consumer Fraud · Lemon Law · Americans with Disabilities Act (ADA) · Discrimination · Prisoner Cases

Wills & Estates

Wills · Trusts · Estate Planning · Probate · Will Contests · Power of Attorney · Advance Directives | Living Wills