Oregon Federal Sex Crimes Lawyers | Portland Sex Tourism, Child Pornography - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Oregon Federal Sex Crimes Lawyers | Portland Sex Tourism, Child Pornography

12.12.2015 – by Mike Arnold & Bryan Boender

An Oregon federal sex crime typically arises in the Portland federal court. Most commonly these cases involve accusations of child exploitation involving sex tourism or moving across state lines (i.e., human trafficking for prostitution or kidnapping to commit a sex crime). Child pornography can also be prosecuted federally.

These are tough cases to defend and require an aggressive defense, including an experienced trial lawyer.  This can be tricky in federal court, as federal criminal defense attorneys that practice exclusively there do not get to try many cases.

[Portland federal court has many pitfalls for the inexperienced.]

[Portland federal court has many pitfalls for the inexperienced.]

How Do State of Oregon Sex Cases Differ from Federal Sex Crimes?

State courts are the trial courts.  However, Oregon criminal defense lawyers that practice exclusively in state court may have lots of trial experience but do not have federal court experience.

Federal court is a whole different world and requires different tools than a defense lawyer normally possesses.  You need to ask any prospective attorney a lot of questions about who on their team has federal court experience.

[Federal Sex Crime Defense Requires Teamwork & Creativity]

[Federal Sex Crime Defense Requires Teamwork & Creativity]

Failing to Register & Federal Child Pornography Crimes

A conviction for a sex offense is life altering. In addition to sex offender registration requirements, the underlying criminal convictions also carry potential terms of incarceration that may amount to a life sentence.  Federal law also provides that a person convicted of failure to register as a sex offender faces fines and as much as 10 years in prison.

Child pornography cases are the most commonly prosecuted federal sex crimes. Materials such as images or video depicting child pornography are not protected under the First Amendment. 18 U.S.C. § 2256 defines “child pornography” to include, “any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where … such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct…” That is, a computer generated image of a fictional person may also constitute child pornography. Images do not have to actually depict children engaged in sexual activity. Nude photos of children may also be a crime if the image is sexually suggestive. Any depiction of a person under 18 engaging in sexually explicit conduct is illegal under federal law. The age of consent does not matter.

Cases involving “hands on” sex abuse are generally handled in Oregon’s state courts, unless the abuse happened on federal lands, such as military installations, tribal lands, or other government owned lands or properties.  However, law enforcement officials may still recommend that the prosecution take place under Oregon state laws due to Oregon’s strict sentencing guidelines for sex offenses.

For more information about the Oregon federal sex crimes process, call 503-477-7535 or fill out the email form or chat with us live.

Arnold Law – Portland Address:

Arnold Law
Pacific Building
520 S.W. Yamhill Street, Suite 200
Portland, Oregon  97204-1324
Phone: 503-477-7535

 

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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!”