While the Sixth Amendment provides all defendants with the right to a criminal defense attorney, a fair and speedy trial, as well as the right to confront witnesses, when it comes to the state, there are some criminal law proceedings that may vary. In Oregon there are a number of laws that differ from other states. If you've been charged with a crime in Oregon, before you consult a criminal defense law firm, there are some things that you should know about criminal proceedings.
If a law officer saw you commit a crime or had probable cause to infer that you committed a crime, he or she is warranted to arrest you. More minor offenses do not warrant an arrest or detention, but you will be issued a citation to appear in court and may be sentenced to an appropriate punishment. For example: defensive driving courses or community service.
If you are arrested, you may be taken into custody and placed in a holding for no longer than 36 hours before seeing a judge. The only exception to this rule is if you were booked on a weekend or holiday when a judge is not available to be seen.
Bail bonds are not a "get out of jail free card," but they will release you from custody under certain conditions. If you post bail, you will be freed from holding, but will still be required to appear in court at a later date. Not all crimes will accept bail, so this isn't something to count on. However, for nonviolent misdemeanors, bail may not be required. If the person in custody has no outstanding warrants, a clean record, and is a resident of the state, they may be released on personal recognition as long as they sign a document binding them to a court appearance.
Trial and Sentence
In Oregon, it is not necessary to take a case to trial unless the crime calls for a sentence of at least six months. During these cases, the number of jurors to convict a person of a crime varies. For murder, a 12-person jury needs just 10 people to find the defendant guilty in order to convict. For misdemeanors, a six-person jury needs to come to a unanimous decision, otherwise the defendant will be found not guilty.
One thing is consistent, however. When it comes to criminal charges, you should always call a criminal defense law firm. Criminal attorney Rhett Bernstein's criminal defense law firm is highly esteemed and willing to defend you when you think that all hope may be lost. Call us today to review your case.