Criminal Defense FAQs
- 1. ANDY GREEN, ATTORNEY AT LAW, P.C. Frequently Asked Questions about CRIMINAL CHARGESWHAT YOU SHOULD KNOW ABOUT CRIMINAL CHARGES IN OREGON www.andygreenlaw.com
- 2. DISCLAIMER This information is provided as a general overview and not to be taken as legal counsel. If you have questions about your specific case, you should contact an attorney directly. The use of this document for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. www.andygreenlaw.com
- 3. WHAT ARE THE PENALTIES OF COCAINE POSSESSION IN OREGON? Possession of Cocaine is a Class C felony in Oregon. Which means that the maximum prison term is 5 years and a fine of $125,000 dollars. Realistically Possession of Cocaine is going to result in probation and treatment if its a first offense, and jail time for subsequent offenses. The ramifications for having a felony conviction can't be overstated which is why it's so important to have a criminal defense attorney in this process. DRUG FAQ #1 www.andygreenlaw.com
- 4. IS ECSTASY POSSESSION CONSIDERED A FELONY? Possession of Ecstasy is a Class B felony. The second most serious level of crime in Oregon. DRUG FAQ #2 www.andygreenlaw.com
- 5. WHAT MAKES A DRUG CRIME A MISDEMEANOR OR A FELONY? All drug possession crimes, except for small amounts of marijuana, in Oregon are felonies. Now certain District Attorneys' offices elect to charge some drug crimes as misdemeanors. They do this sometimes when there's a small amount of drugs, but legally they could proceed as a felony. DRUG FAQ #3 www.andygreenlaw.com
- 6. HOW LONG DOES A DRUG CHARGE STAY ON YOUR RECORD? A drug crime will stay on your record until it is expunged. An expungement is something that you must do on your own, but in most cases youll be wise to enlist the help of an attorney. DRUG FAQ #4 www.andygreenlaw.com
- 7. IS A DUID LESS SEVERE THAN A DUI? In the eyes of the law there is no difference between an alcohol DUI and a drug DUI. DRUG FAQ #5 www.andygreenlaw.com
- 8. SHOULD I REPRESENT MYSELF IN A CRIMINAL CASE? Absolutely not, there are just too many nuances and you need to trust the professionals. If you can't afford an attorney, get a public defender. DRUG FAQ #6 www.andygreenlaw.com
- 9. DO I NEED A LAWYER AT MY ARRAIGNMENT? If you are able to, it always helps to have an attorney with you at court. Sometimes it's not possible to have an attorney in time for your arraignment. In that case just tell the court that you intend on hiring an attorney and if there's any way you can have some extra time for your attorney to be able to appear with you. DRUG FAQ #7 www.andygreenlaw.com
- 10. WHAT IF THIS IS JUST A MISDEMEANOR CHARGE? CANT I PLEAD GUILTY? A misdemeanor is a lot more serious than you might think. A class A misdemeanor is punishable by up to a year in jail. It's very common for people to be put on probation for years and sent to treatment for a misdemeanor. A misdemeanor is not just some ticket you can just go and pay. DRUG FAQ #8 www.andygreenlaw.com
- 11. WHAT HAPPENS IF THE POLICE OFFICER DOES NOT READ ME MY RIGHTS? That depends on whether the officer gets any incriminating statements from you. Your Miranda rights concern your right to not talk with the police. DRUG FAQ #9 www.andygreenlaw.com
- 12. HOW TO EXPUNGE CRIMINAL RECORDS You need to talk with an attorney experienced in expungements. There are very specific requirements. DRUG FAQ #10 www.andygreenlaw.com
- 13. WHAT IS THE CRIMINAL CHARGE OF DOMESTIC BATTERY? In Oregon this is called Domestic Violence Assault 4. It is typically when one person intentionally, knowingly, or recklessly injures a family member, person they live with, or person they're having sex with. DRUG FAQ #11 www.andygreenlaw.com
- 14. CAN A URINE TEST REVEAL MARIJUANA & THE DEGREE OF IMPAIRMENT? Not in Oregon. In Oregon it can just show that the person has used marijuana sometime in the last 30 days. DRUG FAQ #12 www.andygreenlaw.com
- 15. SHOULD I TAKE A BREATH TEST IF I AM ARRESTED ON DUI? Unfortunately there is no easy answer to this question. It really depends on the persons circumstances and record. For some people it's better to take the test, for some it's better to not take the test. In Oregon, you have the right to contact an attorney before you blow. DRUG FAQ #13 www.andygreenlaw.com
- 16. TOP 6 MISTAKES MADE AFTER A DUI ARREST 1. Telling the officer how much you've drank or how drunk you are on a scale, etc.... You don't have to lie, but you also don't have to answer their questions. You have the right to remain silent. 2. Not asking to speak with an attorney before the breath test. 3. Not hiring an attorney before the first court date. 4. Not requesting a DMV hearing. 5. Hiring the cheapest attorney to be found. Remember, you get what you pay for. 6. Going it alone. DRUG FAQ #14 www.andygreenlaw.com
- 17. Caption and Photo Credit: Use this space to provide credit to the original photo or graphic creator and provide context on its meaning. If your case does require a trip to court, I have the courtroom experience you need. - Andy Green Andy Green, Attorney At Law, P.C. 121 SW Salmon Street, Suite 1100 Portland Oregon 97204 Toll Free: 800-713-0562 Phone: 503-388-4362 Fax: 503-471-1386 www.andygreenlaw.com
- 18. PORTLAND CRIMINAL DEFENSE ATTORNEY AT YOUR SERVICE A criminal charge, misdemeanor or felony, is serious business. Every case is different and needs to have a tailored approach. My goal is to keep you out of court. But if your case does go to court, I have the knowledge and experience to effectively navigate the courtroom process. EMAIL US andy@andygreenlaw.com www.andygreenlaw.com CALL Toll Free: 800-713-0562 Phone: 503-388-4362 FOR A FREE CONSULTATION