The Essential FAQ About DUII Diversion

Facing a charge for driving under the influence of intoxicants (DUII) is a concerning and confusing time. You will probably hear many possibilities for your future, and not all of them are easily understandable. One option, a very promising one for those who have had no other DUII charges in the last 15 years, is an Oregonian program called DUII diversion. Oregon realizes the unfortunate statistic that the average drunk driver has driven drunk approximately 80 times before their first arrest, and that a compassionate and effective approach to this criminal matter is to offer a cleaner slate in exchange for getting sober. Here’s an essential FAQ list to introduce yourself to the basics of this program before you go into details with your DUII defense attorney.

What is the DUII diversion program?
The DUII diversion program is designed to give people with first-time DUII allegations against them a chance to reform their behavior through certain special conditions they have to complete. Going through the program gives those charged a second chance the opportunity to avoid other traditional penalties for a DUII charge.

Do I qualify?
If it is your first DUII conviction ever, or your first in the past 15 years, you may qualify for the program. Then you just need to show up to court on the day and time you are scheduled, and file the correct paperwork with your attorney. Other details of your specific case and personal/criminal history may change your qualification status, which can be explained more by your attorneys.

What do I need to do to complete the program? How long does it take?
Generally the program must be completed within a year. In extremely rare cases, a judge may grant an extension of up to six months, but this is very unusual. You will need to pay court fees, get evaluated by substance abuse professionals, and go through with whatever therapy or treatment they deem necessary. The program also calls for a victim’s impact panel. An ignition interlock device (basically a breathalyzer test that allows your car to start) will need to be installed on any vehicle you’re going to drive during the program.

What kind of restrictions and life changes are there in the program?
Any unprescribed drug or alcohol consumption is banned in the program. You will likely need to make time to participate in therapy. If you plan on leaving the state at all, you should take extra measures to notify your attorneys and anyone involved in your treatment so there are no negative consequences or misunderstandings. Otherwise, you go about your daily life.

What happens when I finish the program?
If you successfully complete all the necessary steps within a year, your diversion will automatically end and your DUII charge will be dismissed from your criminal record.

Will the DUII diversion program clear all charges from my record?
If you complete the program, only your DUII charge will be cleared. Any related charges will not.

What if the District Attorney’s Office objects to my program entry?
Many facts about your case may cause the DA’s office to reject your program entry. The good news is that you and your lawyer can appeal to a judge to make the final decision.

If you are being faced with a DUII charge and are looking for someone with extensive knowledge of DUII law in the state of Oregon, contact Jared Justice today to protect your best interests in court.

What You Should NEVER Do If You’re Arrested

Being arrested might seem like your worst nightmare. This experience can be frightening, confusing, and downright overwhelming. But the reality is that it happens more than you might think. Every year, approximately 80,000 American citizens are arrested for sex crimes like solicitation, and nearly 1.5 million people are arrested annually for DUII allegations. No matter the reasons for your arrest, it’s important to keep a cool head and avoid the following mistakes.

If you’re arrested, don’t…

    • Resist or run away: It’s understandable that your “fight or flight” instinct would kick in if you’re about to be handcuffed. But you’ll make things substantially worse if you resist or try to run. Even if you’re innocent of the crimes of which you’re accused, resisting arrest could tack on additional charges if your case goes to trial. In some instances, this could be used against you to show your guilt. You could even put your life in danger. Just remember that you will never make things better by trying to escape.

 

    • Consent to a search: Often, this mistake happens when citizens aren’t aware of their rights. You do not have to consent to the search of your home or car. Furthermore, you should not consent to this; even if you think you have nothing to hide, it’s possible an officer could find something incriminating to use against you. But by stating loudly and clearly that you do not consent to a search, your attorneys will be able to have any evidence secured from an unlawful search thrown out. If you were to consent, however, anything police find might be fair game.

 

    • Be disrespectful: Whether you have a problem with the police or want to proclaim your innocence, you need to keep your behavior in check. Understandably, you might be angry or upset during or following your arrest. But you need to keep a handle on those emotions and refrain from being rude, inflammatory, or disrespectful to the police and anyone else with whom you might come into contact. Instead, be cooperative and courteous (without volunteering any information that could be used to your detriment — more on that in a moment). It may help if you realize that the police officers are simply doing their jobs. Arguing with them won’t do you any good. While you’re in custody and under supervision, be quiet and congenial as a rule.

 

  • Speak without an attorney present: Remember that first part of the Miranda warning about having the right to remain silent? You’ll want to keep that in mind before, during, and after your arrest. No matter how long you wait for an attorney or what a police officer tries to convince you to talk to them about, simply refuse to answer any questions without the presence of an attorney from your law firm of choice. The police may try to persuade you that clearing up some confusion will help get the process over with more quickly. Don’t believe that. It would make their jobs easier, to be sure, but it’s definitely not going to be beneficial to you. Request to place a call to your law firm and decline to answer any questions until your lawyer has arrived.

Being arrested is never a pleasant experience. But as long as you have help from a reputable law firm and avoid making the aforementioned mistakes, the process will likely go much more smoothly. To learn more, please contact our law firm today.

Visiting Oregon? Everything You Need to Know about the Marijuana Law

duii attorneys in clackamas county

Oregon was one of the first states to legalize weed for recreational use, but that doesn’t mean it’s a marijuana free-for-all. If you’re looking to avoid seeking DUII attorneys in Clackamas County or DUII lawyers in Beaverton, here are some facts about legalized marijuana to keep you safe.

Don’t do it if you’re under 21
Weed is regulated in some ways that are similar to alcohol. Though they don’t have the same effect on the user, treat weed as you would alcohol and you should manage to stay safe in the eyes of the law. In this case, if you’re under 21 years old, you cannot smoke, no if, ands, or buts. However, if you are over the age of 21, you can use and buy marijuana in Oregon, so long as you follow the following piece of advice.

Don’t smoke and drive
That also includes edibles. If you consume any marijuana and drive, you might get pulled over and charged with a DUII — driving under the influence of intoxicants. Any intoxicant that impairs the ability to drive is a danger to both you and the other drivers on the road. If you’re don’t know what to do when facing a DUII charge, consider looking up DUII attorneys in Clackamas County or a West Linn criminal defense attorney. Oregon can seem like a huge place, but their larger cities have wonderful resources for criminal defense lawyers that excel in state DUII law. When over 10 million people reported driving on drugs in 2012, these lawyers have had to evolve and grow with the changing laws, especially when weed was legalized in Oregon in 2015.

Don’t take it home with you
As a tourist, you might consider bringing it back to your home state; it can be tempting, but don’t do it! You cannot take medical marijuana outside of the state border, even to other locations where recreational marijuana use is legal. Additionally, you cannot bring outside marijuana into the state that has legalized it. As such, it must be purchased or gifted to you by a business or friend within Oregon. If you’re caught driving or flying with marijuana across state lines, a police officer may ask you to get rid of the marijuana before you continue your journey — if you’re lucky. If you’re carrying more than the legal amount, you might be arrested, even if you’re within state borders.

As a tourist, it’s up to you to respect the laws and customs of the place you’re visiting. Knowing the legal ramifications regarding marijuana is the first step to enjoying your recreational use safely. If you have been convicted with a DUII, don’t hesitate to contact DUII attorneys in Clackamas County to gain sound legal advice.

Why You Should Never DIY Your DUI Defense

clackamas county dui attorneyDIY trends are everywhere these days, thanks to an influx of home improvement television shows and Pinterest hacks. While you might feel encouraged to do everything yourself instead of hiring a professional, the truth is that doing so might result in a shoddy result. That’s certainly true if you’re facing a drunk driving charge. Regardless of whether this is the first time you’ve found yourself in legal trouble or you’ve been arrested before, you need an experienced Clackamas County DUI attorney to help you through this uncertain time. Here are a few reasons why you should always consult with a DUI law firm instead of trying to defend yourself in court.

  • It’s more cost-effective: You might be concerned about how much a DUII defense attorney might cost. That’s understandable, especially if you’re facing financial hardship. But you shouldn’t let the costs keep you from hiring a Clackamas County DUI attorney. Ultimately, a drunk driving conviction may cost much more than an attorney’s services will. You might have to pay thousands of dollars in fines and a hefty hike in your auto insurance premiums, for a start. So while you might not like the idea of paying a lawyer to help you, remember that the cost is worth it when compared to the alternative.
  • Your future is in jeopardy: Some people assume a drunk driving charge is no big deal, but a DUII conviction can have serious consequences for your future. Although fewer than 4,000 people are arrested in the U.S. for drunk driving on a daily basis, those charges carry some major weight. Your license will be revoked for a substantial period of time (anywhere from a year to your entire life, depending on your criminal history), which can make it difficult for you to work or uphold family obligations. You could be fired if your arrest is made public, and a conviction will certainly make it more difficult to find a new one. Depending on how tough a judge is, you could go to jail for years — and that’s much more likely without someone to defend your rights.
  • DUI laws are extremely complex: The bottom line here is that you wouldn’t trust yourself to perform surgery or teach a subject you knew nothing about. For that same reason, you shouldn’t have to try to defend your rights and build your own case in a court of law. Skill, knowledge, and experience are needed to argue a case, call expert witnesses, and assess whether evidence is admissible. And none of that can be learned by binging crime shows on TV.

If you’re facing a DUII charge, you can’t afford to leave your defense up to chance. Be sure to contact a Clackamas County DUI attorney to make certain your rights are protected in court. To find out more or to schedule a consultation, please contact our firm today.

So You’ve Been Accused of a DUII: What to Do Right Away

In the state of Oregon, it’s illegal to operate a vehicle while having a BAC of .08% or above. But even those who know this act is not permissible by law may make poor decisions that get them in legal trouble. If you have been arrested for a DUII in Oregon, you’re likely stressed out, scared, and confused about the next steps to take. These next moments are actually critical in terms of your case. To that end, here are a few things you’ll want to do immediately after your arrest.

    • Write everything down
      Being arrested can be a bit traumatizing for anyone. The combination of an adrenaline rush and intoxicants in your system might very well make the details of this event a bit fuzzy. It’s essential, therefore, to write down every detail you remember about this incident. For instance, record where you were stopped and when, the reason given for the stop, whether field or breathalyzer tests were given, and everything you can remember being said between you and the officer. Even if you think a detail is too insignificant to matter, record it. These facts could be of great use to your DUII attorney later on.
    • Find character witnesses
      When facing a DUII conviction, your defense needs to be as strong as possible. Character witnesses — which might include family members, friends, neighbors, or anyone who saw you prior to or following your arrest — can be of great help to your DUII defense. But it’s important to seek out these individuals as soon as possible. Contrary to popular belief, a person’s memory is not perfect; their recollection of events will be stronger if they’re able to provide a statement right away.
    • Safeguard social media
      You might be inclined to delete photos, video, or other social media posts that could be seen as incriminating. But deleting an image from one source doesn’t mean it disappears; once something exists online, it’s there forever in some form. And even if there are no images or video from the night of your arrest, a prosecutor could use other posts to present a pattern of bad behavior. It’s far better to make all of your online profiles completely private and to weed through your friends or followers list to ensure your privacy is protected. In addition, refrain from posting about these events at all online and keep a low profile in general. In the digital age, any post could be used in court to discredit you.
  • Contact a DUII attorney
    Whether this is your first infraction or you’ve been arrested before, DUII cases can be notoriously complex. You need help from an experienced law firm to ensure your rights are protected. Having a DUII attorney on your side will give you the best chance of a positive outcome. And the sooner you consult with a lawyer, the better off you’ll be.

If you or someone you know is facing criminal charges stemming from driving under the influence of intoxicants, we’re here to help. Please contact our offices today for more information.

What to Expect After Your First DUII Arrest in Oregon

dui law firmAlthough most of us know that we should never drink and drive, the truth is that it happens more frequently than you might think. In fact, the average drunk driver has operated a vehicle while intoxicated around 80 times before they’re ever arrested. That’s a scary statistic, considering the damage that drivers under the influence of alcohol could potentially do. But, being arrested on suspicion of a DUII can also be quite frightening. Even if it’s your first time ever being arrested, this criminal act can have serious consequences. That’s why it’s essential for anyone facing a DUII allegation to have experienced legal help during this time. Below, we’ve outlined a bit about what you can expect after your first DUII arrest.

Following a roadside stop and sobriety tests, you may be arrested
If an officer pulls you over and suspects you’re driving under the influence of alcohol (or illicit drugs), they will likely ask you some questions and ask you to submit to field sobriety tests. In Oregon, it is unlawful to have a blood alcohol concentration of 0.08% or above. There’s some conjecture as to whether you should submit to these field sobriety tests or politely refuse; not every DUI attorney agrees as to the best source of action. But the fact is that an officer can arrest you either way if they feel there’s probable cause to arrest you for a DUII.

Regardless of whether you’re convicted, you will face administrative penalties
With most types of crimes, you likely won’t expect immediate consequences before you ever get to court. But a DUII arrest is a bit different in this regard. For one thing, Oregon has an implied consent law. This means that your refusal to comply with a blood or breath test after you’re arrested will come with automatic penalties such as a license suspension, fines, and other potential consequences. In addition, such consequences will likely occur (to varying degrees) if you do submit to testing and are found to have a BAC level higher than what’s legally allowed.

If you do end up with a DUII conviction following your arrest, these administrative penalties will be more severe. In Oregon, a DUII conviction carries a one-year suspension of your driver’s license. After this period ends, you will need to install an ignition interlock device in your vehicle for one year and will likely need to undergo substance abuse treatment. But of course, these are not the only consequences you’ll face if you’re convicted.

If found guilty, you will have to perform community service or serve jail time
In addition to your license suspension and substance abuse treatment, you’ll have to pay at least $1,000 in fines and will have to spend at least 48 hours in jail OR perform 80 hours of community service. You may also be subject to probation for up to five years after your conviction.

However, you may be able to avoid a conviction through a diversion program
In Oregon, first-time DUII offenders will usually qualify for a diversion program. Completing this program will allow the offender’s case to be dismissed after one year’s time. The program is essentially a one-year agreement that will require the driver to complete a substance abuse program, refrain from alcohol or drug use, attend a victim impact panel, and install an ignition interlock device. The program and its related requirements do come with their own fees, but this is typically the best route to take if you are eligible. Your DUI attorney can further advise you on this possibility.

We hope that this post has answered some questions you may have had about being arrested for a DUII for the first time. But even more importantly, we hope this has shown why it’s so imperative to contact a reputable DUII attorney in your area if you are arrested for such a crime. For more information, please contact our DUI law firm today.

The Most Common DUII Defenses, Explained

dui attorneys in beavertonApproximately 10.3 million people reported driving under the influence of illicit drugs in 2012, and driving while intoxicated with alcohol is an even more common crime. Even though arrests stemming from DUII allegations happen quite frequently, most of us are convinced it could never happen to us. But the truth is that one poor decision could impact your entire future. If you find yourself arrested for operating a vehicle under the influence, your Beaverton DUII attorney will work hard to defend you in court. They may even prepare a defense that resembles one of the following common ways to fight these allegations.

Improper Police Conduct
We’d all like to believe the police know how to do their jobs properly and follow the letter of the law every single time. Unfortunately, this isn’t always the case. It’s possible that a police officer may have conducted an improper stop when getting you to pull over initially. They also could have failed to follow proper procedures when conducting field sobriety tests. The fact is that some police officers will push the limits to get the result they want. To ensure your rights are protected and that you are treated fairly in the eyes of the law, your DUI attorney will assess all aspects of your case and be by your side to ensure all proper conduct is followed.

Misidentified Intoxication
To secure a DUII conviction, the prosecution must prove beyond a reasonable doubt that you were, in fact, intoxicated at the time of driving. If much of your case was based on an officer’s observations and your failure to perform a field sobriety test, it’s possible that there are actually other valid explanations for your behavior that have nothing to do with alcohol or drugs. Some medical conditions, for example, can create the appearance of intoxication and many medications can skew the results of a breathalyzer test. It’s also possible that you have an injury or disability that kept you from performing well on these sobriety tests before you were arrested. With help from an experienced attorney, you may be able to prove that these medical factors resulted in an improper arrest.

Improper Testing or Storage
In addition to improper police behavior or physical problems, there may have been an instance of improper testing or improper storage of test samples. After you were arrested, you may have been required to submit a blood or urine sample for testing. This sample can be extremely important in your defense. For instance, if this sample was improperly taken (i.e., not within a reasonable time frame or without following documented procedures) or improperly stored, your lawyer may argue that it cannot be used as evidence against you. Your lawyer may be able to argue that this evidence should be thrown out, making a a DUII charge much harder to prove.

These are by no means the only defenses your lawyer might argue, but they’re among some of the most common utilized by experienced attorneys across the country. Because the consequences of an arrest and subsequent conviction can be so severe, it’s important to have help from a reputable DUI attorney if you face such allegations in Beaverton.

To find out more, please contact us today.

Know Your Rights: What to Expect If You Are Arrested For Prostitution

prostitution lawyer in portland

According to U.S. Department of Justice records, more than 43,000 women and 19,000 men were arrested for prostitution-related criminal offenses in 2010. While some may look at these individuals with contempt and confusion, the truth is that these sex crimes can affect almost anyone – either directly or indirectly. And, although prostitution and commercial sexual solicitation are actually relatively common occurrences, many people don’t have a complete understanding of their rights or what to expect if they’re ever accused and arrested for such crimes. In today’s post, we’ll take an in-depth look at these two topics.

What are your rights if you’re arrested for prostitution?
Sex crimes such as prostitution and commercial sexual solicitation may be treated differently depending on where you’re located and the situation at-hand. But one thing that won’t change: your rights.

Perhaps most important, you have a right to remain silent and to an attorney. You should try to consult with a prostitution lawyer immediately after being arrested. Remember that anything you say after being arrested can be used against you in court; that’s why you should ask for an attorney as soon as possible. It’s best to not speak with law enforcement officials about your case until your attorney has arrived. Your attorney can help you prevent further incrimination and can get started on planning a course of action for your case.

Your prostitution attorney can also assist you if your arrest was the result of an undercover (sting) investigation. The evidence against you might include audio and video recordings, among other important information. This often proves to be key in cases like this, as police misconduct or poor quality of media may play an important role in your defense strategy.

What you can expect if you are arrested for one of these sex crimes:
The aftermath of a prostitution arrest depends on your particular situation and whether you have assistance from an experienced lawyer. You may have to spend the night in jail or have a family member post your bail, but that is pretty doubtful. You will usually have complete paperwork after you are released which includes your charges and your court date. While this process might seem straightforward, it’s recommended that you hire a prostitution lawyer who can help you navigate this process and ensure your rights are protected.

A prostitution arrest can have drastic consequences. It can potentially have a negative impact on your ability to find a job, secure housing, or maintain your personal relationships. No matter the circumstances, it’s essential to contact a prostitution lawyer in your area.

If you or someone you know is facing a prostitution charge. Please contact us today for further information.

Repeat DUIIs in Oregon: All About Second Offenses

duii law firm

While DUII allegations are relatively common, they’re still incredibly serious charges. This is especially true when multiple DUII offenses come into play. Understandably, repeat offenders face even harsher penalties that can have a severe impact on their financial state and their future as a whole. In today’s post, we’ll be talking about second DUII offenses and the consequences you may face if you are charged and convicted of a second DUII in Oregon.

If you fail your BAC test a second time…
Oregon drivers cannot have a blood alcohol concentration (or BAC) of .08% or above. If your BAC is recorded at this level during a breath, blood, or urine test, you will fail. A first failed test means a 90-day license suspension. But the second time this occurs (whether you have a previous DUII conviction on your record, went through a drug or alcohol program, or already had your driving privileges suspended under implied consent laws), the punishment is much more substantial. A second failed test can result in a one-year license suspension, as long as the current offense happened within five years of the first, among other criteria.

If you refuse to take a BAC test…
Normally, if you just refuse to take this test, your license will be suspended for a year. But, if you’ve refused before, or have previously been convicted of a DUII, or went through a DUII diversion program, refusing the test again will make things worse. In cases of a second offense, your refusal could result in a three-year license suspension.

When facing repeat DUII allegations, it’s important to contact a DUII attorney immediately. Consequences extend well beyond license suspensions. Here are just some of the other punishments you may face.

    • Ignition Interlock Devices: If you are convicted of a second DUII, you will be required to install (at your own cost) and use an ignition interlock device in any vehicle you operate. This requirement applies for two years after the end date of your license suspension. Keep in mind that even if you don’t refuse the initial BAC test, a second DUII conviction will result in a three-year license suspension (if within 5 years). This means that your driving privileges will be impacted for at least five years.
    • Fines: A second DUII conviction is considered a class A misdemeanor. This means that, at best, you may face a $1,500 to $6,250 fine. For offenders with higher BAC levels (0.15% or higher), the minimum fine is raised to $2,000.
    • Jail Time: second DUII offenders are sentenced either to at least 48 hours in jail or 80 hours of community service. This is just the bare minimum. However, a judge may decide your crime or your criminal history justifies additional time.
    • Substance Abuse Treatment: Second DUII offenders in Oregon will also have to complete a drug screening assessment and a treatment program for substance abuse. Treatment programs last a minimum of three months encompassing 12 to 20 hours of substance abuse education. A minimum program must be completed for driving privileges to eventually be reinstated.
  • Victim Impact Panel: Oregon courts also require what’s called a DUII Victim Impact Panel. This one-time class (paid for by the offender) covers the serious consequences of DUII accidents, many of which prove fatal. While 10% of licensed drivers are under 21, these drivers are responsible for 17% of alcohol-related crash fatalities.

If you have faced alcohol-related charges in the past, you need a reputable DUII law firm on your side. For more information about our DUII law firm or our other areas of practice, contact us today.

What To Expect During a DUII Trial

duii attorneyPeople drive impaired almost 300,000 times every day; however, less than 4,000 of those impaired drivers are actually arrested. For those who are arrested, they’ll begin the process of going through a DUII case. If you’ve been involved in a drunk driving accident, or got pulled over for driving under the influence, it’s important to know what to expect throughout the course of a DUII case. This includes preparation, going to trial, fines, jail time, and other penalties that can result from a DUII. This article is going to provide a brief overview of what you can expect during a DUII case.

Your DUII attorney will help you prepare for your trial. Preparation may include things like filing paperwork, examining evidence, and reviewing your testimony. In court, you may be asked difficult questions by the prosecution, on cross-examination, regarding the details of the situation. Because of this, it’s important to discuss possible questions and scenarios that may be brought up in court with your DUII defense attorney-to ensure you’re prepared to handle them. If you go to court unprepared, you could sacrifice the chances of a positive outcome. Additionally, going to trial without the help of a DUII attorney could severely jeopardize your case. Trying to represent yourself is rarely a good idea, especially when it comes to a DUII. To ensure you’re aware of your rights, and that you are as prepared as possible, it’s crucial to hire a DUII lawyer.

However, in many cases, a good DUII attorney will actually try to ensure that you never go to trial in the first place.  Negotiations play a very important role in all DUII cases. While negotiations may not always be appropriate, they can ultimately spare you a lot of agony in the months to come.

DUII sentences can vary depending on the severity of the situation. First-time convictions generally earn less severe punishment (legal minimum), while repeat offenses or more severe situations may receive harsher punishments. Because sentences can vary so much, it’s important you have an experienced attorney to help build a strong case.

If you have an upcoming DUII matter, it’s important to consult an experienced DUII attorney. They can help prepare you for your case, give you reasonable expectations for the outcome of the trial, and help make the entire process easier.