If you or someone you know has just been arrested for a possible criminal offense, then it is important that the person charged has legal representation to defend their rights as soon as possible. An arrest is a seizure under both the United States Constitution, and the Oregon Constitution, and an officer must have probable cause that you have committed a crime.
The legal concept of probable cause has both a subjective and an objective component. An officer must subjectively believe that you have committed a crime, and his belief must be objectively reasonable under the circumstances.
1 When arrested, you are read your rights - "Miranda rights"- which include the right to be silent, the right to remain silent, and that anything you say will be used against you in court; you must be clearly informed that you have the right to consult with an attorney and to have that attorney present during questioning.NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon.
The legal concept of probable cause has both a subjective and an objective component. An officer must subjectively believe that you have committed a crime, and his belief must be objectively reasonable under the circumstances.
1 When arrested, you are read your rights - "Miranda rights"- which include the right to be silent, the right to remain silent, and that anything you say will be used against you in court; you must be clearly informed that you have the right to consult with an attorney and to have that attorney present during questioning.NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon.
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Partner Gig Wyatt enjoys a thriving personal injury and criminal defense practice at Harris, Wyatt & Amala, LLC, with a focus on driving under the influence of intoxicants (DUII), driver's license suspension, and wrongful death cases.
Over the course of his 25-year career, Mr. Wyatt has tried hundreds of cases in Marion County and throughout Oregon.
As a knowledgeable and respected DUII attorney, he has been invited to speak at annual Oregon Criminal Defense Lawyers Association (OCDLA) seminars, discussing topics such as DUII defense, Intoxilyzer defense, and administrative hearings for license suspensions.
Over the course of his 25-year career, Mr. Wyatt has tried hundreds of cases in Marion County and throughout Oregon.
As a knowledgeable and respected DUII attorney, he has been invited to speak at annual Oregon Criminal Defense Lawyers Association (OCDLA) seminars, discussing topics such as DUII defense, Intoxilyzer defense, and administrative hearings for license suspensions.
Often, sex crime allegations have no witnesses and result from a he-said / she-said situation.
Prosecutorial decisions are generally made on the strength of physical evidence and the credibility of the parties.
Due to the nature of the crime, false accusations can occur for a variety of reasons.
The available defenses vary greatly depending on the situation, and your state of mind, intentions, surrounding circumstances may affect the landscape of your case.
Consent can be a defense to a sex crime.
Prosecutorial decisions are generally made on the strength of physical evidence and the credibility of the parties.
Due to the nature of the crime, false accusations can occur for a variety of reasons.
The available defenses vary greatly depending on the situation, and your state of mind, intentions, surrounding circumstances may affect the landscape of your case.
Consent can be a defense to a sex crime.
Ballot Measure 11, now codified in ORS chapter 137, imposes mandatory minimum prison sentences to certain serious crimes against persons.
Measure 11 originally applied to 16 offenses and has since been amended to include a total of 21.
Persons convicted of Measure 11 offenses receive no parole or reduction of sentence for good behavior while in prison.
The information presented about the accused, and the circumstances of the crime is generally not taken into consideration by the sentencing judge.
Measure 11 originally applied to 16 offenses and has since been amended to include a total of 21.
Persons convicted of Measure 11 offenses receive no parole or reduction of sentence for good behavior while in prison.
The information presented about the accused, and the circumstances of the crime is generally not taken into consideration by the sentencing judge.
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