If you or a loved one are facing Oregon’s mandatory minimum sentencing laws or an Oregon felony charge, you need an Oregon lawyer who is both a trial lawyer and a sentencing lawyer. Measure 11 and felony cases must be prepped simultaneously for trial and a potential sentencing mitigation. Suppression issues must be researched, witnesses interviewed and the theory of the case developed all while investigating mitigating factors to assist in sentencing. Once the issues and case theories are identified, expert witnesses must be retained.
Oregon attorney Mike Arnold handles complex cases ranging from Measure 11 charges (such as sex crimes, major assault, murder, etc.) to complicated multi-count indictments, such as Criminal Mistreatment, Domestic Violence, or felony Animal Neglect.
Oregon Measure 11 crimes include the following:
- Murder: 25 years
- Manslaughter I: 10 years
- Manslaughter II: 6 years, 3 months
- Assault I: 7 years, 6 months
- Assault II: 5 years, 10 months
- Kidnapping I: 7 years, 6 months
- Kidnapping II: 5 years, 10 months
- Rape I: 8 years, 4 months
- Rape II: 6 years, 3 months
- Sodomy I: 8 years, 4 months
- Sodomy II: 6 years, 3 months
- Unlawful Sexual Penetration I: 8 years, 4 months
- Unlawful Sexual Penetration II: 6 years, 3 months
- Sexual Abuse I: 6 years, 3 months
- Robbery I: 7 years, 6 months
- Robbery II: 5 years, 10 months
Remain Silent: Talk to No One
If your loved one is in custody, immediately tell them that they are to talk to absolutely no one about anything that has happened including you and their significant other. Assume that all telephone calls from the jail are recorded, because they are. Recordings of those phone calls will be “State’s Exhibit 1” at trial. Tell your loved one to tell any investigators that they want to speak to an Oregon attorney and to say nothing else to law enforcement. No exceptions.
Apply for Court-Appointed Counsel
Even if you are planning to retain an Oregon attorney with family funds, apply for court appointed counsel. If you qualify, the state of Oregon will pay for investigative fees and expert witnesses which saves money to be applied to attorney fees. Although Mike Arnold does not take court-appointed criminal cases, we can use court-appointed funds for costs, such as expert witnesses and polygraphs.
Pretrial Release Decision (Bail and Release Agreements)
Your attorney can move the court for pretrial release or to reduce bail. Most Oregon counties have true judicial scrutiny of the bail amounts and release decisions. In years past Lane County in particular has been under increased scrutiny for its failure to have an elected judge truly review the release decisions by the unelected bureaucrats at Pretrial Services, an arm of the circuit court. More information about this process may be found here.
The State of Oregon’s Burden of Proof: Can they prove their case?
Under our United States and Oregon constitutions, an accused person is innocent unless proven guilty–not innocent until proven guilty. The question for the jury is not whether or not you committed the crime. The question is whether or not the state has proven beyond a reasonable doubt that you committed the crime.
Oregon attorney Mike Arnold researches the legal issues unique to your case and will challenge the state’s evidence through motions to suppress and motions to exclude evidence and unlawful confessions. In addition to challenging the legal sufficiency of the evidence, we will challenge the factual sufficiency of the evidence by aggressively investigating your case and having an investigator speak to witnesses for the state and for you. If there was a suggestive photo identification or other eye witness problems, we challenge that evidence with a nationally known identification expert.
Mike Arnold’s Unique Approach
Mike is known for utilizing his skills from other practice areas to defend your case. He is not a one-dimensional lawyer. Your case is not “business as usual” for him. Because Mike has a broad range of criminal and civil litigation experience, he has a wide range of experiences and relationships with trial experts that you do not normally see in a criminal case. He will analyze your case’s unique fact issues and brainstorm what expert witnesses will assist the jury on a given disputed fact. That might make the difference between a simple swearing contest between witnesses and reasonable doubt.
Sentencing Factors
It is customary for Oregon prosecutors to overcharge defendants and to seek overly harsh sentences to force you into settlement. While we are preparing your case for trial, we will also be exploring mitigation issues to present to the judge or prosecutor to challenge any sentencing recommendation by the state. This includes having an investigator research mitigating factors as well as employing other experts to assist at sentencing, such as drug and alcohol treatment specialists, psychological evaluators, etc.
Choosing an Oregon Criminal Defense Attorney
When your liberty is in jeopardy due to a criminal case, it is important to invest in an Oregon criminal defense lawyer who will give your case the attention that it and you deserve. You need to make an informed decision about the merits and hazards of a jury trial versus the advantages of plea negotiations.
Eugene attorney Mike Arnold regularly tries cases before juries. As a former Eugene city prosecutor, he is well versed in the strategies and tactics that prevail at trial. Mr. Arnold does exclusively retained cases and does no court appointed defense work.
If you or someone you know in Eugene or throughout western or southern Oregon needs the assistance of an experienced criminal defense lawyer, call/text attorney Mike Arnold today at 541-797-0110 or send an email.