If you or a loved one are facing a sex offense investigation or prosecution (Rape, Sex Abuse, Sodomy, etc.) in state or federal court, call an Oregon lawyer to protect your rights. The pendulum has swung from ignoring sex crime victims to believing everything they say (i.e., University of Oregon Student Conduct “Hearings”). While the government has all its resources (prosecutors, police, investigators) against you, who is in your corner?
Our Sex Crime Defense Philosophy and Goals
Goal #1: A dismissal or “no file” as quickly as possible.
Goal #2: An acquittal at trial.
Goal #3: A settlement you can live with (i.e, a crime that can be expunged rather than a sex crime).
We are not settlement lawyers. We are trial lawyers first. We prepare our cases for trial in order to be in the best position to settle your case. We do NOT take exorbitant flat fees and then pressure you to take a deal as quickly as possible. We work our cases and fight for your clients.
With the right team, there is hope. Don’t give up. Focus on what you are grateful for. Remember that things could always be much worse. And start building a team to support you.
Settlement Goals in Oregon Sex Offense Cases
Settlement goals depend on each individual case. When the stakes are high (prison or registerable sex offense), clients’ goals can range from wanting an expungeable non-registerable offense, minimal incarceration, an outright dismissal or acquittal at trial. Typically a sex crime requires someone to register for the rest of their life which makes any plea agreement a hard pill to swallow when falsely accused.
Apply for Court Appointed Counsel
Even if you are planning to retain an Oregon attorney with family funds, apply for court appointed counsel. Tell the truth 100% of the time with everyone you talk to or say nothing. If you qualify for court appointed attorneys, the state of Oregon will pay for investigative fees and expert witnesses which saves money to be applied to attorney fees. And you typically get what you pay for in life — the service industries are no exception. The supply and demand curve are alive and well for legal services. Although our firm does not take court-appointed criminal cases, we can use court-appointed funds for non-routine costs and expenses, such as polygraphs, investigators, etc.
Pretrial Release Decision (Bail and Release Agreements)
Your attorney can move the court for pretrial release, to reduce bail, or to modify the terms of a release agreement. Many Oregon counties have true judicial scrutiny of the bail amounts and release decisions. Lane County in particular had 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. However, with the persistence of vigilant attorneys, that system has improved drastically.
The State of Oregon’s Burden of Proof: Can they prove their case?
Under our constitution, an accused person is innocent unless AND unitl proven guilty. The question for the jury is not whether or not you committed the crime, but whether or not the state of Oregon has proven beyond a reasonable doubt that you committed the crime as alleged by the State.
At our firm, we can research the legal issues unique to your case and discuss with your the merits of challenging the state prosecutor’s alleged evidence through tactical motions to suppress and motions in limine. We can even challenge unlawful confessions. In addition to challenging the legal sufficiency of the admissible or inadmissible evidence, we attempt to challenge the factual sufficiency of the evidence by aggressively and diligently investigating your case facts and having a confidential investigator speak to actual and purported witnesses for the government and for you. If there was a suggestive photo identification which implied an identity or other “eye witness” problems, we can challenge that evidence with a ID expert with nationally recognized credentials. Human beings are terrible fact recorders. The human mind is not set up to videotape this despite the hopes and wishes of ignorant government agents who believe witnesses as if they are infallible.
Our Unique Approach
Mike is known for utilizing his skills from other practice areas to defend your case. He is not a one-dimensional lawyer with a one-size-fits-all approach to your case.. Your case is not “business as usual” for Mike; your life and the facts of your case are unique. You deserve individualized attention. 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 litigation case. He can analyze your case’s unique set of fact issues and work with you to brainstorm what expert witnesses will best assist in telling the story to the jury on a given disputed fact. That might make the difference between a simple he-said, she-said among witnesses and reasonable doubt/acquittal/dismissal.
It is customary for Oregon state prosecutors to overcharge a client and hold an overly harsh potential punishment over their head to force a settlement on the terms of the government. While Mike is are preparing your case for a jury trial, he will also be contemplating sentencing mitigation issues to present to the prosecutor and judge to challenge any sentencing recommendation by the state. This includes having a thoughtful and thorough investigator research mitigating factors as well as employing other experts to assist at sentencing, such as substance abuse specialists, family case history, psych evaluators, etc.
Choosing an Oregon Criminal Defense Attorney
When your life, liberty, and family is in jeopardy due to an Oregon criminal litigation 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 educated and informed decision about the plusses and minuses of a jury trial versus the disadvantages/advantages of plea offers.
Eugene attorney Mike Arnold regularly tries cases before juries. As a former Eugene city prosecutor, he is well versed in the tactics and strategies that often work out at trial. Mike does exclusively retained cases and does no government-subsidized defense work. His clients choose him for a reason. Text or call to find out why and make an informed decision about who to lead your team and your defense.
If you or someone you know in Eugene or throughout our wonderful state of Oregon needs the assistance of an experienced criminal defense lawyer, call attorney Mike Arnold today at 541-797-0110 to schedule a consultation. Text or call 24/7.