Eugene Oregon Ballot Measure 11 and Serious Felony Criminal Defense Attorneys - Sex Offenses, Robbery, Kidnapping, Domestic Violence, Rape, Manslaughter, Eugene, Oregon - Arnold Law Office, LLC, Attorneys at Law

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.

Complex cases can range from Measure 11 charges (such as sex crimes, major assault, murder, etc.) to complicated multi-count indictments, such as Criminal Mistreatment, Domestic Violence, or felony Animal Neglect.

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

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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, such as expert witnesses and polygraphs.

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 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.

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  • Representative Cases

    Sodomy I (Jessica’s Law) – 3 Measure 11 counts dismissed after innocence proved

    This was a Jessica’s Law case where, if convicted, Client was facing a mandatory minimum prison sentence of 25 to 75 years in prison. Client passed a polygraph in the case and his attorneys Mike Arnold and Lissa Casey conducted an investigation illustrating his actual innocence.

    Michael Arnold, stated, “Our client is thankful for his release and dismissal of these terrible false accusations against him. He was a wrongfully accused innocent man who had three months of his life stolen from him due to lies and an incomplete investigation. Arnold Law’s investigation showed a lack of motive and lack of opportunity to commit the acts alleged against him.The Government’s incomplete investigation turned what should have been an uncomfortable family matter involving a very troubled child into an unjustly incarcerated man and placed unthinkable stress on his family...”

    Sex Abuse Case dismissed

    Client charged with sexually abusing his employee. After an investigation showed that some of the complaining witnesses recanted their statements and motives for false accusations discovered, case dismissed before trial.

    Custody case motivates false Measure 11 accusations against father

    Client jailed with $1.68 million bail setting after being falsely accused of smothering his wife with a pillow and sexually assaulting two adoptive daughters, among other claims. The case eventually resolved with an Alford Plea to one count of coercion for allegedly forcing a remote control out of wife’s hands, which is expungeable at the end of probation, no additional jail time, and a dismissal of all remaining charges. After the dismissal, client was able to resume parenting time with his biological daughter and continue to be an active father.

    Attempted Sex Abuse I – Dismissed

    Client accused of having unwanted sexual contact with a woman while she slept in a hotel room. After thorough defense investigation of witnesses to incident were presented to the DA, all charges were dismissed before trial.

    CIVIL LITIGATION

    Sexual Harassment Defense – Hospital Administrator Stalking

    Mike Arnold defended the administrator of a hospital who pursued a relationship with a young woman who was apparently giving him mixed signals. Before contacting our firm he was convicted of a criminal stalking charge and lost a stalking order trial. She then sued him for $500,000 claiming sexual harassment, assault, and intentional infliction of emotional distress. In a Marion County jury trial after a brutal cross-examination of the plaintiff and picking apart their psychologist expert, we won a defense verdict.

    STALKING ORDERS

    Wrongful Use of Civil Proceedings – False Stalking Order to Gain Custody

    Received a $50,000 judgment through bankruptcy adversarial proceeding due to mother lying to get a stalking order.

    Stalking Order – Lying about Rape to Gain Custody

    We won a dismissal after trial. Court made findings of fact that stalking order was brought for an improper purpose.


    Testimonials

    Measure 11 Dismissal

    “I am not a resident of Oregon and was put in the awkward position of finding a competent attorney for my son who had just been charged with a very serious felony while attending a university here. My wife and I interviewed a number of the top attorneys throughout the state and also asked for advice from several attorney friends and a judge from our home state. None of the numerous attorneys we interviewed came close to the quality, knowledge and compassion of the Arnold Law Firm. They took care of my son and advised him in jail even before we had agreed to hire them. That really showed me the quality of this firm. I can not say enough good things about their firm. Everyone in the office is professional and personable.

    “My son was represented by Mike Arnold and Emilia Gardner. They are nothing short of incredible and almost like family. They left no stone unturned and worked relentlessly on his case. My son is now a free man and able to move forward with his life. Thank you all for everything you have done. You are the best!”