Landlord And Tenant FAQ's | Criminal
Law FAQ's | Consumer
Law FAQ's | Other FAQ's
What is the punishment for conviction of possession of marijuana?
In
Oregon, possession of less than one avoirdupois ounce of marijuana is decriminalized. That means that it is merely a violation and a person
found guilty cannot be punished with jail time. Punishment for this
violation is a fine of no less than $500 and not more than $1000. A
person possessing any amount of marijuana within 1,000 feet of a
school, may be guilty of a crime classified as a C misdemeanor which is punishable
by up to 30 days in jail and a fine.
Possession of more than an avoirdupois ounce of marijuana is a B felony
and is punishable by 10 years in prison and/or $250,000.
Please note that there are special rules that apply in Oregon for holders
of state issued medical marijuana cards. Please see ORS 475.300 for
more information.
What is an Expungement?
"Expungement" is the legal term for sealing a criminal record. SLMS
can help you expunge your criminal record if you qualify under Oregon law.
Unfortunately, we cannot help those who have arrests or convictions in other
states.
Generally, according to Oregon law you are eligible for an expungement of
your criminal conviction and/or arrest record:
- Any time after three years from the date of the conviction, as long as
you have complied with and fully performed the sentence of the court. Your
conviction must have been a violation, misdemeanor, or Class C felony,
or a crime punishable as either a felony or a misdemeanor;
- Any time after one year from the date of any arrest, if no complaint
was filed; or
- Any time after an acquittal or a dismissal of the charge.
You are not eligible for an expungement if:
- Your conviction is for a sex crime or child abuse crime;
- You have been convicted of another crime within the immediately
preceding 10-year period of applying for an expungement;
- Your conviction is for a traffic offense; or
- There is another criminal charge pending against you in
court.
There are also other restrictions that may apply.
If you qualify for an expungement, SLMS will prepare papers to file with
the court asking for an order sealing your record. In order to begin the
process you will need to obtain a fingerprint card with a full set of your
fingerprints. You can have the fingerprint card made at PSU’s Campus
Public Safety office (503-725-4407); appointments are available on Tuesdays
and Thursdays from 11:00am to 1:00pm. Call them ahead of time to find out
the cost and the hours when they are available to do that for you. If
you are sealing a record of conviction, a certified check in the amount of
$80, payable to the Department of State Police, must be attached to the fingerprint
card.
The expungement process can take from three months to a year, so plan
far enough ahead of time so the process will be complete before graduation
and preparation of resumes. The average time is about six months.
Once a judge signs the expungement order, that arrest or conviction "shall
be deemed not to have occurred, and the applicant may answer accordingly
any questions relating to their occurrance." ORS 137.225(4).
If I am arrested for a crime, do I automatically get a free lawyer?
Under
the constitution, a person charged with a crime is entitled to legal counsel
and defense. If a person is “indigent,” that must
be provided at the state’s expense. Typically, when arrested,
a person is “arraigned” or apprised of charges against them at
a short court hearing called an “arraignment.” At the arraignment
a judge determines whether the person arrested or the “defendant” is
entitled to free legal representation and appoints an attorney if appropriate. If
the judge decides that the person is not sufficiently indigent to qualify
for a free lawyer, the defendant’s option is to hire a lawyer or to
represent him or herself without the assistance of counsel. It
is typically in your best interests if you are arrested to tell the police
that you wish to exercise your right to remain silent until you have had
a chance to speak to a lawyer.
When are police officers required to read my Miranda warnings?
All “peace officers” are
required to administer Miranda warnings to people in custody who are being interrogated. If
you are not in custody or otherwise free to leave the police encounter, the
police may engage you in conversation or ask you questions without reading
you your Miranda warnings. Similarly, if you are in custody, but the
police do not ask you questions and do not try to get you to talk to them,
no Miranda warnings are necessary. While it is always a good idea to
remain respectful to police officers, do not be afraid to exercise
your right to remain silent by politely telling the police that you do not
wish to answer any questions.
What are my rights as a victim of a crime?
Section 42 of
the Oregon State Constitution is entitled “Rights of
Victims in Criminal Prosecutions and juvenile court delinquency proceedings.” This
section guarantees the victims of crimes in Oregon the right to be informed
in advance of and be present at all critical stages of the criminal proceeding
and to be heard at certain stages as well.
The section also guarantees victims
the right to be informed of certain information about the defendant such
as the sentence and future release from custody. A
victim of a crime may decline to talk to the defendant’s lawyers or
representatives. The section also provides a right to be consulted
by the prosecutor about plea negotiations involving any violent felony. For
more information, see the Oregon State Constitution section 42.
What should I do if I have an automobile accident?
In the Portland area, car accidents are commonplace. By understanding a
few simple rules, however, you can greatly lessen your liability.
Be sure
you have appropriate auto insurance. Oregon law requires every driver to
have proof of liability insurance, which pays for repair of the other person's
car if you are at fault. Fines are stiff for failure to maintain insurance,
not to mention your tremendous exposure. You may also lose your driver’s
license or Oregon driving privileges. Don't think an insurance company or
injured motorist won't sue you because you're a poor college student. Nevertheless,
some folks aren't insured. You may also wish to obtain uninsured/underinsured
insurance to cover you in case you collide with someone with no insurance
or assets; it is not very expensive.
If you have insurance, and liability
is disputed, your insurance company will represent you. Under collision coverage,
your insurance will pay to repair your car even if you are at fault. Typically,
they will send an adjuster to inspect the damage, or you might take your
car to the shop for an estimate. If disputes arise over repair costs, you
may need legal assistance to persuade the insurance company to pay a fair
amount for your loss.
Information is crucial to handling auto accident claims.
You should get the other driver's name, address, phone number, license plate
number, operator license number, work address and insurance company and policy
number. If there are any witnesses, get their names, addresses and telephone
numbers. It is smart to make notes about the accident as soon as possible,
including weather, traffic, road condition, time, speed and any other relevant
facts.
If the other person was at fault, you will probably be dealing with
his or her insurance company. They'll either want a written statement from
you about the accident or to record your version over the telephone. Watch
out! They have an interest in minimizing or disputing your claim. They will
also send an adjuster to appraise the damage; their estimate may be lower
than what you were told. Be sure not to sign a release of property damage
or bodily injury unless you are totally satisfied with the agreement's terms.
If you have any questions, you should definitely see an attorney.
The negligent
driver's insurance company is responsible for your resultant medical bills.
Copies of these bills, lost wages and documentation of other legitimate damages
should be compiled.
If the other driver is uninsured, it gets more complicated.
You should forward an estimate to him or her and demand payment. Often, installment
payments can be negotiated. If your injuries are serious, you should always
consult an attorney.
Current PSU students who have been involved in an automobile
accident and have questions about rights and duties, or negotiating with
your insurance company, their insurance company, or the other party should
contact SLMS. We provide free legal assistance and have helped many other
similarly situated students.
What is DUII Diversion?
In the State of Oregon, Driving
Under the Influence of Intoxicants (DUII) is a Class A misdemeanor or a Class
C felony. Misdemeanor DUII is punishable by a maximum sentence of one (1)
year in jail and a fine up to $6,250. If a minor is in the vehicle, the fine
may increase to $10,000. Felony DUII is punishable by a maximum sentence
of five years in prison and a fine of $125,000. Upon conviction of misdemeanor
DUII, the offender’s
Oregon driving privileges are suspended for one or three years or revoked
for the offender's lifetime, depending on the driving record. Upon conviction
of felony DUII, the offender’s driving privileges are revoked for the
offender’s lifetime.
Oregon Law provides for a diversion program for
individuals who have not been convicted of DUII or who have not participated
in a DUII Diversion Program in the 10 years prior to the current DUII arrest
or in a similar alcohol/drug rehabilitation program. In addition, to qualify
for the DUII Diversion Program, this arrest could not have involved an accident
in which another person was injured.
The DUII Diversion Program requires a one (1) year commitment. The petition
for DUII Diversion must be filed with the Court within 30 days of the appearance
date given by the officer on the bottom of the citation unless the Court
allows a later filing date for good cause. You must plead guilty or no contest
to participate in the Diversion Program. The Court will hold the guilty/no
contest plea and give you an opportunity to complete a screening interview
and treatment as an alternative to prosecution. You also would be required
to pay a filing fee to the Court and attend a Victim Impact Panel program
and pay all costs. You could not drive a motor vehicle while using or while
under the influence of intoxicants. You also would have to keep the Court
advised of your address at all times during the diversion period and sign
releases of information so the Court and district attorney can obtain copies
of your evaluation and treatment reports. A diversion participant’s
driving privileges are not suspended by the Court.
1. What advantages are there to entering the DUII Diversion Program?
In summary, the DUII Diversion Program affords eligible persons the opportunity
to participate in an alcohol/drug evaluation and education/rehabilitation
program in lieu of being convicted of DUII. The advantages to entering the
program are:
- Upon completion of the Diversion Program, there is no DUII conviction
entered on your driving record.
- Court costs are considerably lower. The filing fee for participation
in the DUII Diversion Program is less than a fine for conviction.
- Your driver’s license will be suspended by the Court if you are
convicted of DUII. There is no suspension for participation in the DUII
Diversion Program.
- There is no requirement to serve jail time or perform community service
work in the Diversion Program.
2. What is the DUII Diversion Program?
The DUII Diversion Program is a legal agreement with the Court that sets
aside a guilty or no contest plea and enables the case to be dismissed
in one year if all the terms of the Diversion Agreement are satisfied.
3. Do I qualify for the Diversion Program?
If you have not been convicted of a DUII or have not participated in a DUII
Diversion Program in the past 10 years prior to the current DUII arrest or
in any similar drug or alcohol rehabilitation program in any state within
the 10 years prior to this arrest, and if you have no other charge of murder,
manslaughter, criminally negligent homicide, or assault resulting from the
operation of a motor vehicle pending in any state on the date you file for
diversion, and if this arrest did not involve an accident in which another
person was injured, you may be eligible for the DUII Diversion Program.
4. What costs are involved in the DUII Diversion Program?
If you decide to participate, you must pay a filing fee of $405.00 to the
Court and a $150.00 screening interview fee to an Alcohol and Drug Evaluation
Specialist. These costs are required by statute. In addition to the above
fees, you must pay the costs of treatment and pay for the Victim Impact Panel
Program.
5. When are Court costs due?
The filing fee is due at the time you file a petition for entry into the
DUII Diversion Program. You may set up a payment plan with the Court if you
are unable to pay in full at the beginning of the program. The $150.00 evaluation
fee must be paid prior to the screening interview unless you make other arrangements
with the evaluator.
Failure to pay the filing fee in full or when payments are due will result
in the termination of your diversion agreement. Failure to pay for the evaluation
and/or treatment may result in the termination of your diversion agreement.
6. When and where do I apply for the DUII Diversion Program?
Application for the program is made at the court clerk’s office on
the basement floor of the Clatsop County Courthouse, 749 Commercial Street,
Astoria, Oregon. When you appear in court for your first appearance, an application
will be provided at your request. If you desire, you may come to the clerks’ office
prior to your scheduled court appearance to apply for the diversion program.
7. Will I lose my driver's license?
The court will not suspend your license unless you fail to comply with the
Diversion Agreement. Thirty days after your arrest or citation, the Department
of Motor Vehicles (DMV) will suspend your license if you failed or refused
the breath test. You must contact DMV regarding this suspension and any application
for a hardship permit. If you are convicted of DUII, your driving privileges
will be suspended from one or three years or for your lifetime, depending
on your driving record.
8. Will the DUII go on my record?
The DUII will be on your driving record as a diversion, not a conviction.
9. What happens to the DUII Diversion at the end of the one year period?
If you have successfully completed the alcohol treatment or education program,
paid all of the required fees and completed all other requirements of the
Diversion Program, the DUII charge will be dismissed by the Court. If you
do not complete all the requirements of the Diversion Program, your diversion
agreement will be terminated and the case will be set for sentencing. If
you fail to appear in court when scheduled, a warrant will be issued for
your arrest, your driver's license will be sanctioned and any unpaid fees
referred to the Department of Revenue for collection.
This information is not intended to provide legal advice. Any fee-paying
Portland State University student who has questions about landlord/tenant
issues may call 503-725-4556 to arrange an appointment.
Information disseminated in this website does not constitute legal advice
and does not create an attorney/client relationship. This page is for
information purposes only. For legal advice, contact an attorney licensed
in your state.
