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Eugene, Oregon Measure 11 and Felony Criminal Defense Attorneys

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 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

Immediately tell your loved one 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 our firm does not take court-appointed criminal cases, we can use court-appointed funds for costs.

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. 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 constitution, an accused person is innocent unless 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. 

At Arnold Law Office, our attorneys research 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. 

Arnold Law Office's Unique Approach

We are known for utilizing our skills from other practice areas to defend your case.  We are not one-dimensional lawyers.  Your case is not "business as usual" for us.  Because our firm's lawyers have a broad range of criminal and civil litigation experience, we have a wide range of experiences and relationships with trial experts that you do not normally see in a criminal case.  We 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 C. Michael 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 attorney Mike Arnold today at 541-338-9111 to schedule a consultation.

Arnold Law Office, LLC, represents clients along the Oregon Coast and throughout Western Oregon, including in Portland, Eugene, Springfield, Salem, Corvallis, Cottage Grove, Albany, Newport, Oregon City, Beaverton, Clackamas, Wilsonville, Tigard, Hillsboro, Lake Oswego, Coburg, Creswell, Florence, Junction City, Lowell, Veneta, Oakridge, Roseburg, Brownsville, Halsey, Harrisburg Klamath Falls, Medford, Ashland, Grants Pass, Glendale, and Bend, and in the following counties: Lane County, Multnomah County, Washington County, Clackamas County, Linn County, Douglas County, Marion County, Coos County, Lincoln County, Benton County, Deschutes County, Josephine County, Klamath County, and Jackson County.

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