Criminal Process

I think a crime has been committed. How do I file charges?
First call the police to report the crime. Crimes must be reported to the police before a Deputy District Attorney can review the case. On the day following the report you may call the Multnomah County District Attorney's Office to press charges:

Intake Unit: (503) 988-3860
Domestic Violence Intake: (503) 988-3873

What is a criminal case?
A criminal case is one in which the local, State, or Federal Government begins an action to court in the name of its citizens. The plaintiff is the government acting on behalf of the people. The accused, known as the defendant, is charged with a crime against the laws regulating conduct, such as murder, rape, assault, or robbery. In addition, less serious conduct such as driving without a license or theft may also violate the criminal laws. The prosecutor or a grand jury decides whether to initiate criminal proceedings, that is, to charge the defendant with violating a law.
In a criminal case, a person is presumed to be innocent until proven guilty; the prosecution must prove the case beyond a reasonable doubt. This does not mean beyond all possible doubt, but it does mean the court or jury must have an abiding conviction to a moral certainty of the truth of the charge. This is a much heavier burden of proof than there is in a civil case. The accused person cannot be forced to testify and has the right to have an attorney appointed by the court, if they do not have the money or property to hire one.

What do I do if I receive a subpoena?
A subpoena tells you when and where you must appear in court. When you receive it, you must call the telphone number on the subpoena to confirm your appearance in court on the date indicated.

How long will this take to go to trial?
It generally takes three or four months for a case to come to trial or end in some other resolution.

Is the DA my attorney?
No, the District Attorney (DA) represents the citizens of the State of Oregon. The DA supervises Deputy District Attorneys who prosecute cases for the State of Oregon. The DA's Office is committed to upholding victim's rights.

Why do investigations take so long?
Investigations maybe lengthy because they require that the police conduct many interviews with witnesses and with the defendant, when possible. Evidence may need to be processed by the crime lab, for example, DNA typing, fiber analysis, gun testing, accident reconstruction, etc.

In addition the defense may conduct their own investigation in an effort to find evidence or witnesses that would assist the defendant.

What are the procedures for misdemeanors and felony cases?
A Deputy District Attorney screens police reports that concern misdemeanor crimes and decides whether there is sufficient evidence to prosecute a case. Once issued, a trial date is assigned and the case proceeds through the prosecution process.

In some cases, defendants may be eligible for deferred sentencing programs. These programs allow a defendant to plead guilty to some or all of the charges and be immediately sentenced to probation with appropriate conditions that address the problem area.

Felony cases are reviewed by a Deputy District Attorney and scheduled for a grand jury (see the next question for more information regarding grand juries). If the grand jury votes to indict the case it will proceed through the criminal justice system until it is resolved.

Cases that have been scheduled for trial may be delayed ("set over") several times and can take several months to resolve. Sometimes a case can be settled without a trial, if the State and the defense reach a plea agreement. If no agreement is reached, a judge or jury will then try the defendant. If the defendant pleads guilty or is found guilty a judge will then sentence him/her.

What is a grand jury?
A grand jury is a panel of seven community members. The Deputy District Attorney will subpoena witnesses to testify before this panel. This is a private, informal hearing in which no judge presides. The purpose of the grand jury is to decide from the evidence presented if the state has enough information to proceed with a felony indictment.

I'll be bringing my kids to court, what can I do about childcare?
There is limited childcare available at the courthouse if your child is between the ages of one and five. Court Care offers childcare services on a first come, first serve basis between 8:00 a.m. to noon, and 1:00 p.m. to 5:00 p.m., in Room 214 at the Multnomah County Courthouse. You should contact Court Care at 503-988-4334 for further information. If your child is younger than one or older than five, you must make other arrangements for childcare prior to your court appearance.

Can I drop charges?
Only the State of Oregon can drop charges in a criminal proceeding.

I am the victim, why can't I drop charges?
As the victim of a crime your participation and cooperation are a valued part of the prosecution process. However, the State of Oregon has a responsibility to hold offenders accountable for their actions when they break the law. This responsibility insures that the law is enforced consistently and that the community need for justice is met.

Why does my case keep getting continued?
Cases are continued (set over) because of the difficulty in coordinating court room space, attorney and witness availability, availability of judges, as well as time needed to complete investigations and to obtain the results of forensic testing Unfortunately, delays cannot always be anticipated and can be a frustrating part of the process.

Will I get paid for my time off work?
You will receive a witness fee and mileage for appearing as a witness. The law sets the amount of the witness fee and mileage and there is no provision to compensate for loss of wages. You will want to check with your employer to find out what their policy is regarding payment during your court appearance.

What is a plea bargain and can I be included in the plea decision?
A plea bargain or plea agreement happens when the defendant admits guilt to some or all of the charges in return in return for consideration by the District Attorney, usually a reduced sentence and/or reduced charge. Practical demands, plus a defendant's right to a speedy trial, the seriousness of the case, the strength or weakness of a case, the victim's wishes, public safety, punishment, rehabilitation and deterrence must all be considered by the state when deciding how to proceed on a case. Plea agreements are designed to balance these interests. Though the Deputy District Attorney has the final responsibility for negotiating an appropriate plea agreement, the victim's input and feelings are part of the decision. It is important that you communicate your position on a plea agreement to the Deputy District Attorney handling your case.

How can the defendant plead "not guilty" when he/she confessed to the crime?
A "not guilty" plea means that the defendant may require the state to prove in court that they are guilty beyond a reasonable doubt. Defendants are advised to enter a "not guilty" plea at arraignment so that their attorney will have the opportunity to review police reports, interview witnesses, independently investigate the crime and/or negotiate an appropriate plea.

If a defendant pleads guilty and gets probation, does that mean he got away with it?
Probation is a sentencing option, ordered by the court that may allow a convicted offender to remain in the community. It is not a "free ride". In practice, it is a suspension of a jail/prison sentence in exchange for the defendant's agreement to abide by conditions set by law and the court. A Probation Officer monitors the defendant's behavior and compliance with the court ordered conditions. The defendant's freedom is conditional and failure to abide by the terms of probation can result in revocation and imposition of a jail or prison sentence.

Will I have to testify?
You may have to testify if you have relevant evidence to provide to the court at a trial. If you are required to come to court you will receive a subpoena. The Deputy District Attorney will talk with you about testifying in court. The best thing to do is to tell the truth.

Will my child have to testify?
If there is a trial, your child may have to testify in court. While this can be stressful, keep in mind that it is often a very positive experience for a child to be heard and believed by a judge and/or jury. The best thing to do is to encourage your child to tell the truth and to know that the courtroom is a safe place. You may set a time with your advocate or Deputy District Attorney to tour the courtroom prior to any appearance.

Can I get a copy of the police report?
You may be able to obtain a copy of the police report from the records section of the police department that responded to your call. There is generally a charge to receive a copy of the report. Please call the numbers below to obtain information on individual agency requirements. (If you are the victim in an open case that the District Attorney's Office is prosecuting contact the victim advocate assigned to your case).

Portland Police Bureau (503) 823-0041
Gresham Police (503) 618-2318
Multnomah County Sheriff (503) 988-3050

What do I do if I've been raped?
If you are a victim of a rape or other sexual assault you need to call 911 to report the crime. The police officer will assess whether or not to proceed to the hospital for an evidentiary exam. Physical evidence of sex crimes must be collected within 72 hours of the event. Rapes and other sexual assaults that occur outside of the 72-hour range may be reported to the police non-emergency numbers. As follows:

Portland Police......................(503) 823-3333
Multnomah County Sheriff.......(503) 255-3600
Gresham Police Department...(503) 618-2581

It is recommended that you do not bathe, gargle or shower before having the evidentiary exam. Also, it's important that you do not wash the clothing you were wearing. You will want to put your clothing and sheets, if available, into a brown paper sack to preserve any evidence they may contain.

If you unsure about wanting to report a rape, you can gain information through the following agencies:
Multnomah County Victim Assistance....(503) 988-3222
Portland Women's Crisis Line................(503) 235-5333

Will the defendant stay in jail?
The Multnomah County Sheriff determines custody status using guidelines that consider the nature of the crime. The Sheriff considers the actual criminal charges along with established policies in making release decisions. Jail inmates may be eligible for various supervised programs that may allow release prior to a trial. In addition, most criminal defendants are eligible to post a bond in an amount set by law or the court that allows for release.

How can I find out if the defendant is still in jail?
The Victims Information & Notification Everyday system (VINE) at: 1-877-OR-4-VINE is available to assist victims to track the release status of offenders from a touch-tone phone. VINE provides recorded instruction that assist crime victims to use the system effectively. You may also contact the Multnomah County Jail at (503) 988-3689.

Can the perpetrator get out of jail once he/she is arrested?
The accused may be released after posting a bond in an amount set by law or the court. In addition the inmate may be eligible for various supervised, pre-trial release programs.
In homicide cases, the accused may request a custody hearing before a Judge to determine if bail or other release is appropriate. In these cases, the court must make a determination that the defendant is "likely to be convicted" for the court to deny bail.

When will the defendant be released and can I be notified?
You may ask the jail notify you of an inmates release by calling (503) 988-3689, press 1 then 7 to speak with an operator. The operator will take your contact information and notify you upon defendant's release from custody.

What do I do if the defendant violates again?
Call 911 to report any emergency, Violations of Restraining Orders, or Violations of Custody orders. If you are safe and/or the defendant has departed, call the non-emergency police number to report the contact. The following day, call the Multnomah County District Attorney Domestic violence unit at (503) 988-3222 to follow through with prosecution.

The offender has been released and I/my child is afraid to leave the house or go to school. What can we do? Why isn't the defendant in custody?
First make a safety plan that addresses what you and your child can do to escape from any contact. Practice with your child what to do if the offender comes around, teach your child how to call 911. Talk to your neighbors about providing a safe meeting place for you and your child if you do have to leave in an emergency. Obtain a Restraining Order, carry the order with you at all times. Provide copies of the order to your child's school and your workplace. Call Victims Assistance at 503-988-3222 to speak with an advocate about safety planning.

There are many reasons why a defendant is not in custody. The Multnomah County Sheriff is responsible for making most release decisions, and the defendant may be on a supervised pre-trial release program or may have posted a bond.

What is the Victims' Assistance Program?
The Victims Assistance Program is a unit of the Multnomah County District Attorneys Office that provides information and support to crime victims in Multnomah County.

Who does the Victims' Assistance Program serve?
The Victims' Assistance Program (VAP) specializes in helping victims of crimes that occur in Multnomah County. The VAP also assists the public by being available to make referrals to appropriate community resources and by being available for public speaking engagements in the community. To arrange for a speaker, call Judy Phelan at 503-988-8335.

What services does the Victims Assistance Program provide?

• Timely information about the Criminal Justice System and Prosecution process to crime victims;
  
  
• 24 hour crisis response to sexual assault victims;
  
  
• Support to victims throughout the prosecution process, from Grand Jury to resolution of the case;
  
  
• Assistance for victims with Crime Victims Compensation Applications, property release, problem solving and referrals to appropriate community based assistance and resources;
  
  
• Advocacy for victims rights throughout the entire prosecution process;
  
  
• Specialized advocacy for victims of gun violence, crimes committed by juveniles, elder abuse and disabled persons, child abuse, domestic violence and survivors of homicides;
  
  
• Assistance for victims with filing claims for restitution to pay for losses due to the crime

What happens if I am the victim of domestic violence?
Cases concerning domestic violence are reviewed and prosecuted by the Domestic Violence Unit of the District Attorney's office. All of the crimes must have been reported to a police agency and the police report must be available for review.

The police report, the available evidence, and the applicable Oregon law all assist the Deputy District Attorney (DDA) in determining if a case will be prosecuted as a felony or a misdemeanor.

If your abuser was arrested please call the Multnomah County District Attorney's Domestic Violence unit at 503-988-3873 prior to 11:00 am the next business day.

If the pending charges are misdemeanors, the person arrested will find out in court if the DA's office plans to move forward with the charges. Then, depending on eligibility, the defendant will either enter the Deferred Sentencing Program* or will plead not guilty and request a trial.

If the case is a felony, the DDA will schedule a grand jury hearing. The Grand Jury will decide if there is enough evidence to charge the accused with a crime. The victim must appear at the grand jury hearing and tell exactly what happened.

The grand jury is comprised of seven people selected from the jury panel. No judge, defense attorney or suspect will be present at the grand jury. The purpose of the grand jury is to decide from the evidence presented if the state has enough information to proceed with a felony indictment.

*NOTE - If the defendant is a first time offender they may be offered an opportunity to enter the Deferred Sentencing Program

.

What is deferred sentencing for DV and who decided to accept the offer?
If the defendant is a first time offender s/he may be offered an opportunity to enter the Deferred Sentencing Program. Deferred sentencing is a program that allows an eligible person, accused of a domestic violence crime, to plead guilty and be placed on probation for a minimum of six months. A Probation Officer supervises the probation. The abuser must participate in any counseling program or other court ordered condition. The defendant must abide by the order of the court and Probation Officer regarding contact with the victim. If the person successfully complies with the conditions of probation, the probation terminates after review by the court. The defendant and their attorney make the decision regarding the acceptance of this option.

How do I get a restraining order?
You can apply for a free Family Abuse Prevention Restraining Order at the Multnomah County Courthouse, located at 1021 S.W. 4th Ave. Room 211. The Restraining Order applications are available during courthouse hours (8am to 5pm). You may obtain the Restraining Order on the same day that you make application by submitting the completed paperwork to the clerk in room 211 by 1pm. The clerk will direct you to the courtroom where the Judge will consider Restraining Order applications, beginning at 1:30pm the same day. The Judge will discuss your Restraining Order application with you and will determine if a Restraining Order is appropriate at this time. The judge may hear a number of Restraining Order applications during this time period.

What happens at restraining order violation hearings?
If a defendant is charged with Violation of a Restraining Order s/he has a right to a hearing before a Judge. The Judge will decide if the accused is guilty or not.

A Violation of Restraining Order hearing is similar to a court trial in that a Judge will preside. The hearing will focus directly on the actual violation of the Restraining Order. A Deputy District Attorney will provide evidence of the violation, which may include testimony from witnesses, who were at the scene, the police officers who responded to the scene, and/or other types of evidence that may prove the charge. The Defense Attorney has the opportunity to rebut the evidence on behalf of the defendant. After both parties state their case, the judge will determine whether a violation has occurred. If the defendant is found guilty of Violation of Restraining Order, sentencing will follow.

Do I have to hire an attorney?
A Deputy District Attorney will be assigned to review and prosecute the case for the State of Oregon. You do not need to hire an attorney unless you have issues outside the scope of the criminal prosecution, such as divorce proceedings, child custody, division of property or for a civil suit.

How do I get a civil attorney?
There are many ways to find an attorney. If you feel comfortable discussing your situation with friends or family, you can ask them for recommendations of attorneys they know or may have worked with in the past. You can look in the Yellow Pages under "Attorneys" to find attorneys' names and telephone numbers. You may also contact the Oregon Bar Association Referral Service at (503) 648-3763.

Where can I get low cost or free legal advice?
If you have limited income, there are attorneys who can help you. If you qualify under certain income guidelines, you may be able to get legal help for free or at a reduced rate.

Contact any of the following referrals:
Legal Aid Services of Oregon.......................(503) 224-4086
Oregon Law Center.....................................(503) 224-2414
St. Andrew's Legal Clinic.............................(503) 281-1500
Oregon State Bar Lawyer Referral Program. (800) 452-7636
Lewis and Clark Legal Clinic........................(503) 768-6500

Where can I get counseling?
The first place to call for a referral to counseling is your health insurance provider. Many providers have "preferred" counselors that they will refer you to. For referrals to culturally competent mental health treatment providers and language-sensitive services you can call the Multnomah County Mental Health Line at 503-988-4888

Where can I get help to pay bills related to the crime?
The Crime Victims Compensation Program (CVCP) of the Oregon Department of Justice may be able to assist with payment of medical bills, counseling costs, funeral and burial costs.
You may be eligible for Crime Victims Compensation.

To be eligible for Crime Victims Compensation a victim must:

• Be a victim of a crime, which occurred in Oregon, or an Oregon resident victimized in a state without a Crime Victim Compensation Program.
  
  
• Report the crime to law enforcement within 72 hours of the crime or disclosure by child victims;
  
  
• Cooperate fully to apprehend and prosecute the assailant; and
  
  
• Apply for compensation within 6 months of the crime or disclosure by child victims.

For more information: (503) 378-5348 (Collect calls are accepted)

Or write: Crime Victims Compensation
100 Justice Building
162 Court St. NE
Salem, OR 97310

Who can I call for help with food, clothing, housing or other needs?
Salvation Army - Metro Family - (503) 239-1226
1712 NE Sandy
Portland OR 97232

Services: Emergency Food-3 Day Supply. Limited Medication Assistance. Short Term Counseling. Seasonal Programs-Christmas Bureau. Oregon Heat. Limited Transportation Assistance. Gas money For Verifiable Medical Appointments. Life Skills Classes In Nutrition, Budgeting, Housekeeping and Shopping. Energy Assistance. PGE Customers Only.

How do I get my property back?
Once a case is closed, you may ask the assigned deputy district attorney to assist you in recovering property held by the police as evidence. If authorized by the deputy district attorney, you will be provided with a signed form. You may take this form to the police department where your property is being held in order to have it returned to you.

Who will pay for my property losses?
There is no public funding available to assist victims of property crime. You may, however, ask the court to order the defendant to pay you restitution. Restitution means full, partial, or nominal payment of losses by the convicted offender to the victim of the crime. Restitution is determined at the time of sentencing and can be made part of the defendant's probation or post-prison supervision. Filing a claim for restitution does not impair your right to sue to recover damages from the defendant in a civil action or applying for Crime Victim's Compensation.

How do I get restitution?
Once charges have been filed against a defendant a "Request for Restitution" form will be mailed to you. You may use this form to itemize your losses. You should attach documentation that supports your loss. Documentation includes copies of receipts, estimates, bills or other evidence that proves the loss or value of the damaged property. It is very important that you return this information as soon as possible.

Why am I not getting restitution? I'm not getting paid but I know the defendant is working. Who can help me?
If the defendant was sentenced to probation, you can contact Multnomah County Community Corrections at 503-988-3701. A Victim Services Coordinator can provide information regarding the status of the defendant's probation and refer you to his/her Probation Officer. Ask for the name and number of the Probation Officer supervising the person who owes you restitution. If you cannot reach the officer, ask for his or her supervisor or the Officer of the Day. The Probation Officer can explain the payment plan to you. You will also need to update and verify your address to insure that the courts have the latest contact information for you. It is your responsibility to keep the courts informed of any change.

Restitution was ordered but I haven't received any payment?
The Judge will set a payment schedule at the sentencing hearing or s/he will order the payment schedule to be determined by the Probation Officer. Often the payments will seem small in comparison to your total loss. Payments for restitution are part of a payment plan that includes all of the offender's financial obligations. It often takes some time for the offender to obtain employment or otherwise comply with the plan. Also, if the offender's sentence includes jail time, s/he will not be required to make payments while in custody.

My losses were considerably more than the court ordered. Why?
The District Attorney's Office will request an amount of restitution that reflects the information and documentation that you have provided. The Judge sets the amount of restitution ordered and to whom it will be paid. The Judge considers whether appropriate documentation was provided to support the total loss amount requested.

Can I sue the defendant?
Crime victims may be able to sue the criminal defendant in civil court. You will need to consult with a civil attorney for information and advice. If you do not have an attorney you may call the Oregon State Bar at (503) 684-3763 for a referral.

What do I do if I suspect I'm a victim of identity theft?

1. Call the non-emergency number for Police to report your suspicion. (503) 823-3333 you will hear a message asking which agency you wish to speak with.
2. Contact the fraud units of the three major credit-reporting agencies. They are: Equifax (800-252-6285), Experian (888-397-3742), and TransUnion (800-680-7289) to place a fraud alert on your accounts.
3. Contact your bank and creditors.
4. The Federal Trade Commission (FTC) has a hotline that has information you may find to be helpful The FTC does not prosecute Identify Theft cases. You can contact the FTC online at or toll free 1-877-ID-THEFT (1-877-438-4338)
5. The District Attorney's Office will review a case for prosecution after the police agency has finished their investigation and forwarded their report to this office.

Will the youth go to jail?
A youth convicted of a Measure 11 felony crime would be sent to the Oregon City Intake Center, for approximately two days, segregated from the adult population. Next, the juvenile offender is transported to MacLaren Youth Correctional Facility or Hillcrest Youth Correction Facility. At MacLaren or Hillcrest, an assessment is conducted to determine whether the offender is amenable to treatment in a youth correctional facility. Very few youth are ever sent to an adult corrections facility, unless they cannot be managed safely in a youth correctional facility. The law allows for placement of an offender who is 16 years of age or older in an adult correctional facility, but that is not common practice.

I didn't press charges. Why is the youth being charged anyway?
The decision to file criminal charges against a juvenile is made by the Juvenile Department and/or the District Attorney's Office because they have a responsibility to intervene with delinquent youth.

Can I sue the youth's parents? How do I do that?
The law limits the amount of damages that the parents of an un-emancipated minor child must pay to not more than $7500, payable to the same claimant for one or more acts. You can hire a private attorney or you may use the Small Claims Department in Circuit Court to file a claim for damages. A small claim filing does not require an attorney. The Victim Advocate in the District Attorney's Office at Juvenile Court may be able to help you obtain the name and address of the youth's parent(s). The telephone number is 503-988-5598.

Why hasn't the DA's office charged this youth with a crime?

• The Deputy District Attorney (DDA) who reviewed the police reports decided there was insufficient evidence to charge the youth with a crime or,
• The DDA may have reviewed the case and referred it back to the original law enforcement agency for follow-up investigation.
• The youth may have been eligible for Diversion through the Juvenile Department and the case will be handled informally. The youth will sign a contract agreeing to conditions that address the delinquent behavior.

A youth was committed to a correctional facility. How will I get restitution?
A young offender, committed to a correctional facility, has limited opportunities to earn money to pay restitution, fines and fees. More often, a youth is paroled (released with supervision) from a correctional facility and is expected to earn money to pay restitution. The goal is for the youth to fulfill all conditions of probation/parole, including restitution, prior to being terminated from supervision.

I never received restitution or a letter of apology. The youth's probation expired. What happened?
Some juvenile offenders are more likely to comply with probation conditions than others. A youth who refuses to comply with the terms of their probation or who commits additional criminal acts may be revoked (terminated from probation) and sanctioned some other way, such as detention or commitment to a correctional facility.