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Since its inception the Perez-Selsky Druckenmiller Law Office has been dedicated to helping the accused achieve the best results in Oregon’s criminal courts.
Aggressive, tactful legal counsel armed with an understanding of the rules of the court is the cornerstone of success in every criminal case. Without such advocacy, a defendant may face the worse consequences of his charges, including incarceration, fines, and license suspensions. Even worse, as employers become more selective about their hires, individuals with criminal records have found it increasingly difficult to remain competitive, even long after serving their sentence.
Do not let a criminal charge upend you or your family’s life. Aron Perez-Selsky has worked as prosecutor and defense attorney on everything up to major felony trials. Call today to see how his experience can help you achieve success in your criminal case. If you have already been convicted, call to see what options may be available to expunge your record, or otherwise help you to get back to living the life you want.
Do I have to speak with the police?
You have the right against self-incrimination. Most convictions are secured through admissions by a defendant, so invoking your right to remain silence is critical, especially early in an investigation. If you are under investigation you should always speak with an attorney before agreeing to a police interview. To invoke your right to remain silent you need only tell the police “I would like to remain silent” or “I want to speak with an attorney before answering any questions” (or some variation thereof).
Anything you do or say can be used against you, so you should always be courteous towards police. But don’t be afraid to insist that they respect your constitutional rights by allowing you to remain silent. Police are experts in finding and extracting information. If you are the subject of a police investigation, speaking with an experienced McMinnville criminal defense attorney is essential to ensure that your rights are protected.
What happens after I have been arrested?
An arrest for a misdemeanor will usually result in a citation. Your citation will direct you to appear in court for arraignment on a given date and time. You must appear for your arraignment on time, or risk an additional citation for the crime of Failure to Appear.
An arrest for a felony or person misdemeanor will usually result in incarceration. If you are arrested and detained you will either need to post security to be released, or petition the court for conditional release.
Talking with an experienced McMinnville criminal defense lawyer before or after arrest can improve your chances of staying out of jail and securing a good outcome.
What is an arraignment?
An arraignment is a short hearing where the court informs the defendant of the offense(s) alleged in the charging instrument. In most counties, the court will enter a “not guilty” plea on the defendant’s behalf, sparing the defendant from making a decision on the spot. Most courts will also determine whether to set bail, or release the defendant on his or her own recognizance subject to a release agreement.
The court will decide whether to appoint counsel at arraignment. You do not get to choose your court appointed counsel, and will only be appointed counsel if you are found indigent. Only defendants with very limited income and assets qualify for a court appointed attorney. Everyone else must hire their own attorney.
It is a good idea to hire an experienced McMinnville criminal defense attorney before your arraignment. A good attorney may be able to successfully advocate for more favorable release conditions, reduction of security, and preserve legal issues for future argument.
What will my sentence be if I am convicted?
Sentencing depends on many factors, including the class of crime for which a person is convicted, prior criminal history, and the presence of aggravating and mitigating factors.
The chart below lists the maximum permissible sentence for most offenses.
|CLASS OF OFFENSE||MAXIMUM INCARCERATION||MAXIMUM FINE|
|C – Misdemeanor
B – Misdemeanor
A – Misdemeanor
C – Felony
B – Felony
A – Felony
Some offenses are “unclassified,” meaning that they carry their own unique sentences. Felony sentences are determined by the defendant’s placement on the Oregon felony sentencing grid available here:
A defendant’s “grid block” rating determines the defendant’s presumptive sentence for a felony crime. The grid block rating lies at the intersection of the defendant’s criminal history (letters A-I) and the seriousness of the crime (numbers 1-11).
While misdemeanor sentencing is fairly straight-forward, felony sentencing is a complex subject. A skilled McMinnville criminal defense lawyer with extensive local experience can help you predict what kind of sentence you face upon conviction, and gather mitigating evidence to help you secure the right result.
Will a conviction impact my professional certification?
Most professional licenses and certifications will not be affected by a first-time conviction for a non-person misdemeanor. However, traffic offenses, sex offenses, person crimes and felonies carry substantial collateral consequences which may affect certification and licensing for some occupations.
A criminal conviction can destroy your ability to continue working in your profession. If you hold a professional license or certification, it is extremely important that you hire an experienced McMinnville criminal defense attorney who can anticipate the effects of a conviction on your ability to work.
Can I clear my record of prior arrests and convictions committed as an adult?
Oregon law permits convictions for certain crimes to be “set aside.” Convictions for most violations, misdemeanors, and some B-Felonies and C- Felonies can be set aside. Traffic and most sex offenses cannot be set aside.
If an arrest or conviction is set aside, it means that it is thereafter legally considered “not to have occurred.” This means that the defendant may represent that he or she has never been convicted of the offense, barring a few limited exceptions.
An old criminal arrest or conviction can impair your ability to qualify for housing assistance, obtain employment, become a certified foster parent, join a professional organization, own a firearm, enlist in the armed forces, or receive federal student loans.
This area of law frequently changes, so if an old conviction is limiting your ambitions its best to speak with a McMinnville criminal defense attorney as soon as possible to help you move on with your life.
Can I expunge my juvenile record?
Oregon law permits adults with juvenile records to have those records expunged in certain cases. If you were found within the jurisdiction of a juvenile court for a misdemeanor or felony, you may be eligible for an expunction of your juvenile record.
Expunction of a juvenile record means that it is thereafter legally considered “not to have occurred.” This means that a person for whom the expunction was granted may represent that he or she has never been adjudicated of the offense, barring a few limited exceptions.
An old juvenile record may impair your ability to qualify for housing assistance, obtain employment, become a certified foster parent, join a professional organization, own a firearm, enlist in the armed forces, or receive federal student loans. Even if expunction is not available, a dismissal of your old juvenile petition may relieve you of the need to register as a sex offender.
Expunction criteria frequently changes, so if a juvenile record is holding you back it’s best to speak with a McMinnville criminal defense lawyer as soon as possible to see what options are available.
Can I be relieved from registering as a sex offender?
Yes. Certain people required to register as a sex offender can petition the court for relief from registration.
The law is even more favorable for people adjudicated for a sex crime as a juvenile on or after August 12, 2015. If such a person petitions the court within six months of the expiration of their probation, and can show by clear and convincing evidence that they are rehabilitated and do not pose a public safety threat, a court may relieve them from having to register after their probation ends.
While this relief is not available to all sex offenders, for those who do qualify relief from registration can have dramatic, life-altering benefits. Talking to a McMinnville criminal defense attorney about relief from registration is the first step towards putting the past to rest.
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