Suite 1412
Portland, Oregon 97205
[T] (503) 222-7178
[F] (503) 273-8842
TIP OF THE MONTH ARCHIVES
These tips are intended to educate the reader about areas of the law that make up my practice. This information may be helpful to do-it-yourselfers or may simply increase the reader’s knowledge and understanding of the legal system.
What Is Community Court?
Community Court is a “good deal” court available to certain criminal defendants in Multnomah County. Community Court is held at two different locations: either at the Justice Center at 1120 SW 3rd Ave. Portland, or at the Gresham Courthouse at 150 W. Powell Blvd., Gresham.
You are eligible for Community Court if you are accused of committing a misdemeanor or violation that is on the list of charges eligible for Community Court. The eligible charges are less serious, non-person offenses, such as Criminal Mischief 3, Offensive Littering, Trespass, Open Container, Disorderly Conduct, Theft 2 or 3, Misdemeanor PCS 1 or 2, PCS 3, 4 or 5.
To enter Community Court requires you to plead guilty to the charge and admit the facts. However, the guilty plea is not entered into the record at that time. You also agree to a sentence, including jail time, if you do not complete your Community Court requirements of alternative community service and/or counseling. Once you have completed a “sentence” of community service and/or counseling, for persons in Community Court for the first time for the majority of offenses, the court dismisses the charge and there is no record of a conviction. This is the “good deal” of Community Court.
The offenses that are Community Court eligible are assigned three levels of seriousness: level 0 is the least serious, then level 1 and level 2 is the most serious. The amount of community service you may have to perform (and the amount of jail you may have to serve if you do not complete your community service or otherwise fail out of community court) depend on what level of offense you are charged with and the number of times you have been in community court in the past. The sentences range from 8 hours of community service, no jail and dismissal of the charge for first timer offenders accused of a level 0 offense to 56 hours of community service, discharge, and 30 days jail for person in Community Court for the fifth or more time and accused of a level 2 offense.
The following offenses will not be dismissed in Community Court, even for persons there for the first time: Misdemeanor Attempt to Elude; Entry of Licensed Premises by Persons Under 21 Years; Escape 3; Failure to Maintain a Metal Purchase Record; Frequenting a Place Where Controlled Substances are Used; Furnishing Alcohol to a Minor by OLCC Licensee; Furnishing Alcohol to Visibly Intoxicated Persons by OLCC Licensee; Furnishing False Information; Harassment; Misrepresentation of Age by a Minor; Prostitution, Unlawful Prostitution Procurement Activities (UPPA); Resist Arrest; Theft 2 or 3 (if defendant is an employee or in position of trust); Unlawful Entry into Motor Vehicle and Using Another’s License.
If it is your second, third or more time in Community Court, the charge against you will not be dismissed. You are however, eligible for a “discharge” once you complete your community service [and jail for level 1 or 2 offenses]. Discharge means that you have no probation to serve – the case is over.
General information on Community Court may be found on the District Attorney’s website: http://www.co.multnomah.or.us/da/cc/index.php .Areas of Expertise
Auto, Truck, Car & Bike Accidents · Products Liability · Slip & Fall Accidents · Wrongful Death · Pedestrian Accidents
Assault · Domestic Violence · Drugs · Fraud · Identity Theft · Measure 11 Offenses · Property Crimes · Theft
Auto Purchases · Consumer Fraud · Lemon Law · Americans with Disabilities Act (ADA) · Discrimination · Prisoner Cases
Wills · Trusts · Estate Planning · Probate · Will Contests · Power of Attorney · Advance Directives | Living Wills