Oregon Criminal Defense Attorneys

At DearLegal, we connect you with experienced Oregon criminal defense attorneys who navigate Measure 11 mandatory minimums, post-Ramos unanimous-jury implications, recreational marijuana under Measure 91, conditional discharge, and Oregon’s set-aside framework under ORS § 137.225. Whether your case is in Multnomah (Portland), Washington, Clackamas, Lane (Eugene), Marion (Salem), or anywhere across Oregon’s 36 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Oregon State Police, PPB (Portland Police Bureau), county sheriffs, and federal agents in Oregon use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Or. Const. Art. I, § 12 right against self-incrimination.

Yes. Oregon misdemeanors carry up to 1 year jail (Class A) and varying fines under ORS § 161.615. Conditional Discharge under ORS § 475.245 for drug offenses; diversion programs (DA discretion) for various offenses. DV and DUII convictions trigger major collateral consequences.

State cases go through Oregon Circuit Court. Federal cases go to U.S. District Court for the District of Oregon (Portland, Eugene, Medford, Pendleton) under the U.S. Sentencing Guidelines. Federal cases commonly involve I-5 / I-84 drug trafficking, § 922(g) firearm cases, federal land/national forest offenses, and federal fraud.

Oregon plea agreements under ORS § 135.405 are negotiated between the District Attorney and defense. Pleas can include charge reductions, Conditional Discharge (ORS § 475.245 — drug), DUII Diversion (ORS § 813.200 — first-time DUII), drug court entry, mental health court entry, and stipulated sentence recommendations.

Oregon uses “set-aside” rather than expungement under ORS § 137.225. SB 397 (2021) significantly expanded eligibility — most misdemeanors after 1 year of conviction-free status; many felonies after 3-7 years. Sex offenses, Measure 11 violent offenses, certain DUII largely excluded. Drug possession convictions under former Measure 110 are subject to automatic relief.

Oregon handles juveniles under 18 in juvenile court under ORS § 419C. Juvenile records are confidential. Expungement under ORS § 419A.262 — Oregon’s juvenile expungement framework is among the broader in the country. Waiver to adult court for 15+ for Measure 11 offenses is automatic under ORS § 137.707 (though challenged constitutionally); discretionary waiver for other cases.

Oregon DUII (Driving Under the Influence of Intoxicants) under ORS § 813.010 uses .08 BAC (.04 commercial, any amount under-21). Implied consent under ORS § 813.100 — refusal triggers 1-year administrative license suspension. Mandatory IID for all DUII convictions under ORS § 813.602. DUII Diversion under ORS § 813.200 for first-time offenders results in dismissal upon completion.

Why Do You Need a Criminal Defense Attorney in Oregon?

Oregon grades felonies as Class A (up to 20 years), Class B (up to 10), Class C (up to 5), and Unclassified (statute-specific) under ORS § 161.605. Murder is Class A (life with parole eligibility after 25 years; Aggravated Murder formerly death-eligible — Oregon Supreme Court abolished death penalty via SB 1013 in 2019). Measure 11 (ORS § 137.700) imposes mandatory minimum sentences without parole or earned-time credits for 16 enumerated violent offenses (Murder, Manslaughter I, Assault I, Robbery I, Kidnapping I, Rape I, Sodomy I, Unlawful Sexual Penetration I, etc.) — Measure 11 minimums range from 70 months to 25 years. Oregon legalized recreational marijuana in 2014 (Measure 91) — adults 21+ can possess up to 1 oz in public, 8 oz at home; medical cannabis since 1998. Oregon also decriminalized simple possession of all controlled substances in 2020 (Measure 110), reducing many possession offenses to violations with $100 fines — though Measure 110 was modified by 2024 legislation (HB 4002) recriminalizing personal possession as misdemeanor. Following Ramos v. Louisiana (2020), Oregon now requires unanimous juries for all serious crimes (Oregon previously allowed 11-1 or 10-2 verdicts). Oregon expungement / set-aside under ORS § 137.225 was expanded by SB 397 (2021) — most misdemeanors after 1 year, many felonies after 3-7 years. Oregon District Attorneys plea-bargain extensively, and Multnomah County and other progressive jurisdictions run substantial diversion programs.

When Do You Need a Criminal Defense Attorney in Oregon?

Our network includes Oregon criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Oregon

From the moment you connect with a Oregon criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to OSP, PPB, sheriffs, or any Oregon officer without an attorney

Consenting to a search when Or. Const. Art. I, § 9 may require a warrant

Missing an Oregon court date — bench warrants and release-condition violations follow

Posting about the case on social media — Oregon DAs subpoena platforms

Deleting messages or photos from your phone — Tampering with Physical Evidence (ORS § 162.295) is a Class A misdemeanor (or felony in some applications)

Accepting the DA’s first plea offer without exploring Conditional Discharge, DUII Diversion, drug court, charge reduction, or Measure 11 challenge

Talking to OSP, PPB, sheriffs, or any Oregon officer without an attorney

Consenting to a search when Or. Const. Art. I, § 9 may require a warrant

Missing an Oregon court date — bench warrants and release-condition violations follow

Posting about the case on social media — Oregon DAs subpoena platforms

Deleting messages or photos from your phone — Tampering with Physical Evidence (ORS § 162.295) is a Class A misdemeanor (or felony in some applications)

Accepting the DA’s first plea offer without exploring Conditional Discharge, DUII Diversion, drug court, charge reduction, or Measure 11 challenge

Common Oregon Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Oregon Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Oregon work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Or. RPC 1.5(c)(3) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (Measure 11, capital-equivalent, multi-count) use hourly billing. The Oregon Public Defense Services Commission and contract public defender offices represent indigent defendants — Oregon has faced significant public defender shortages in recent years.

What Can Your Oregon Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress (often successful under Oregon’s protective Art. I, § 9), motion to dismiss for insufficient evidence, speedy trial under ORS § 135.747 (constitutional speedy trial enforced robustly), or DA dismissal.

Charge Reduction

Reduction from felony to misdemeanor, from Measure 11 to non-Measure 11 (critical), from higher Class to lower, removal of firearm or repeat property offender enhancement allegations.

Conditional Discharge / DUII Diversion / Drug Court

Conditional Discharge under ORS § 475.245 for drug — dismissal upon completion. DUII Diversion under ORS § 813.200 — dismissal upon completion. Drug court, mental health court, veterans court widely available.

Plea Agreement

Negotiated resolution under ORS § 135.405. Includes charge reductions, dismissed counts, recommended sentences, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Oregon jury or judge. Post-Ramos v. Louisiana (2020), Oregon now requires unanimous criminal juries (Oregon previously allowed 11-1 or 10-2 for non-Murder felony convictions). 12-juror panels for felony trials.

Post-Conviction Relief

Oregon Post-Conviction Hearing Act (ORS § 138.510 et seq.) — 2-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations. Ramos-based post-conviction claims have generated significant litigation.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Oregon Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Oregon?

When Do You Need a Criminal Defense Attorney in Oregon?

Types of Criminal Defense Cases in Oregon

Common Oregon Criminal Defense Mistakes

How Much Do Oregon Criminal Defense Attorneys Cost?

What Can Your Oregon Criminal Defense Compensation Include?

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