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Your Portland Criminal Defense Attorney
An arrest in Portland moves fast. Multnomah County’s Circuit Court is the Fourth Judicial District, with 38 circuit judges, more than any other district in Oregon (ORS 3.012(1)(d)). Most cases are heard downtown, but state law also requires the county to hold court in Gresham at least one day a week for state misdemeanor and traffic matters arising east of 122nd Avenue, unless the accused asks to be tried downtown instead (ORS 3.014). Which building your case lands in, and how quickly, shapes what the first week looks like.
NeedAnAttorney.net connects people charged with a crime in Portland with an attorney who handles cases in Multnomah County Circuit Court. Below is what Oregon law says about the first days after an arrest, what a DUII charge involves, and what can happen to a record afterward.
What a Portland Criminal Defense Attorney Actually Does
An attorney who works Multnomah County cases regularly knows the difference between the downtown courthouse and the Gresham branch court, and knows which judges and deputy district attorneys are assigned where. The first meeting should cover the charge itself, the evidence the state says it has, and a realistic read on how a case like yours has tended to resolve.
From there, a defense attorney typically reviews the police report and any lab results, files the motions that fit the facts, for example to suppress evidence if the stop or search looks questionable, and negotiates with the prosecutor’s office where negotiation makes sense. None of that starts until someone is actually representing you, which is why the gap between arraignment and your first real conversation with an attorney matters.
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What Happens in the First Days After an Arrest
If you are held in custody, Oregon law requires arraignment within 36 hours, not counting holidays, Saturdays and Sundays (ORS 135.010). If you are released before then, the deadline is 96 hours after the arrest. Arraignment itself is short: the court reads the charge, gives you a copy of it, and asks how you plead (ORS 135.020). It is not the place to argue the case, but it is the first point where an attorney can start shaping what happens next.
For a DUII arrest specifically, the court is required to make sure a defendant is booked on that charge at arraignment if booking has not already happened (ORS 813.017).
Understanding the charges and Penalties
Driving under the influence. Oregon defines the offense three ways: 0.08% or more blood alcohol content by chemical test, being under the influence of an intoxicant, or testing at 0.08% or more within two hours of driving without having consumed alcohol in between (ORS 813.010(1)). A first or second DUII within a 10-year window is a Class A misdemeanor. A third within that window, or any DUII once a person has already been sentenced for a Class C felony DUII, is itself a Class C felony carrying a mandatory minimum 90 days in custody with no reduction (ORS 813.011).
Diversion. Many first-time DUII defendants are eligible for a diversion agreement, which trades a guilty plea and a period of monitored sobriety and treatment for eventual dismissal. The petition must be filed within 30 days of your first court appearance, absent good cause (ORS 813.210(1)(a)), and eligibility depends on not having a qualifying DUII conviction in the 15 years before the current charge (ORS 813.215(1)(b)). Diversion is not automatic and not available to everyone.
Clearing a record later. Many convictions can eventually be set aside. The waiting period depends on the offense class: three years for a Class A misdemeanor, five years for a Class C felony, measured from conviction or release from custody, whichever is later (ORS 137.225(1)(b)). Some offenses are excluded from this relief.
Common Charges We See in Portland
Theft, drug possession, domestic violence and assault charges each carry their own elements and defenses, and each starts on the same arraignment clock described above. A few patterns come up often in Multnomah County:
- DUII arrests along I-5, I-84 and I-405, where sobriety checkpoints and late-night patrols are common.
- Theft and shoplifting cases tied to downtown and the retail corridors, where store security and video evidence often shape the case.
- Domestic violence charges, which can carry release conditions (no-contact orders) that affect a household immediately, before the underlying case is resolved.
- Drug possession charges, where the amount and type of substance involved can change whether the case is a misdemeanor or a felony.
- Assault charges ranging from misdemeanor to felony depending on the injury and circumstances alleged.
An attorney can explain which category your charge falls into and what that means for bail, release conditions and the range of likely outcomes.
What About a Prior Out-of-State Conviction?
The difference between municipal and circuit court
City ordinance violations and certain minor offenses in Portland may go through municipal court instead of the county circuit court, often with a narrower range of possible penalties and its own local procedures. The charge itself, and whether it’s a state or local offense, determines which court has jurisdiction.
Prior convictions from another state
An out-of-state conviction can still carry weight in an Oregon case, especially for DUII charges, where prior qualifying offenses count toward felony thresholds and diversion eligibility no matter where they happened. Failing to disclose a prior conviction can create its own separate complications.
Implied Consent, Court Conduct, and Character References
What happens when you refuse a breath test
Oregon’s implied consent statute treats driving on a public road as consent to a breath or blood test if arrested for DUII (ORS 813.100). Refusing doesn’t avoid consequences, it means immediate license confiscation and a separate ODOT administrative suspension, layered onto the criminal case.
Preparing for your first appearance in Multnomah County
A first court date is typically brief: the charge is read, a plea entered, release conditions discussed. Arriving on time, dressing appropriately, and being respectful toward court staff and the judge all shape how the case is perceived from the start.
Why letters of character support matter
Letters from employers, family, or community members can sometimes factor into sentencing or plea discussions, especially for a first offense. They don’t decide the outcome by themselves, but they can add context beyond what the charge alone shows.
Long-Term Effects of a Conviction
How a criminal case can affect immigration status
A conviction, or a plea to a lesser charge, can trigger federal immigration consequences for a non-citizen defendant in Portland, separate from the outcome of the criminal case itself. The specific charge and its classification matter a great deal here, which is why immigration status belongs in the conversation with a defense attorney from the start.
Losing the right to own a firearm
Oregon law makes firearm possession by anyone with a prior felony conviction a Class C felony (ORS 166.270), with the restriction taking effect automatically upon conviction, no additional court order needed.
What probation actually involves
Common probation conditions include check-ins with a supervising officer, travel or association restrictions, drug testing, and restitution. A violation can result in revocation and reinstatement of the original sentence, making the specific conditions worth understanding thoroughly.
Public defender versus private counsel
Those who can’t afford an attorney are entitled to a court-appointed public defender, a licensed professional working within a public system that often carries a heavy caseload. A privately retained attorney typically has more time and flexibility to build a tailored defense.
Search, Seizure, and How Evidence Gets Challenged in Portland
When a search is illegal
The Fourth Amendment generally requires police to have a warrant, or a recognized exception to the warrant requirement, before searching a person, vehicle, or home. Common exceptions include consent, evidence in plain view, or exigent circumstances, but each has real limits, and a search that exceeds those limits in a Portland case can be challenged.
Suppressing evidence obtained illegally
If evidence was obtained through an unlawful search or seizure, a defense attorney can file a motion to suppress, asking the court to exclude that evidence from trial entirely. A successful suppression motion can dramatically change the strength of the state’s case, sometimes leading to a dismissal or a significantly better negotiating position.
Your rights if police want to search you
You generally have the right to decline a search request absent a warrant or a recognized exception, and declining isn’t itself evidence of guilt. Understanding what you’re required to comply with, versus what you can decline, matters in the moment, not just after the fact.
Appeals, Restitution, and Juvenile Cases in Multnomah County
How juvenile charges are handled
A minor facing a charge in Multnomah County generally goes through the juvenile system rather than adult criminal court, with more emphasis on rehabilitation, though serious offenses can still result in adult prosecution in certain cases. The process and outcomes differ meaningfully from an adult case.
Understanding the appeals process
An appeal reviews legal errors from the trial court proceedings, not the underlying facts of the case, and carries strict filing deadlines that generally don’t extend. Timely action after a conviction is essential to preserving appeal rights.
What restitution actually requires
A sentence commonly includes restitution, an order to compensate the victim for losses tied to the offense, medical costs, property damage, lost income. It’s distinct from a fine and directs payment specifically to the victim.
Understanding the Indictment Process and Your Defense
How a defense gets built
Self-defense, mistaken identity, an alibi, lack of intent, or a challenge to how evidence was obtained are all potential defenses in a Portland case, and which one applies depends entirely on the specific facts. There’s no one-size-fits-all defense strategy.
The role of a grand jury
Serious felonies in Oregon can be charged via grand jury indictment, a private review of the state’s evidence by citizens deciding whether probable cause exists. The defense has no presence in that proceeding, which is part of why early case preparation matters as much as courtroom strategy.
Weapons Offenses and the Consequences of Violating an Order
What factors affect sentencing
Beyond the charge, a Portland sentence reflects aggravating factors like prior convictions, weapon use, or a vulnerable victim, balanced against mitigating factors like a clean record, remorse, or cooperation with the investigation. These considerations decide where a sentence lands within the applicable range.
Firearm and weapons charges
In addition to felon-in-possession (ORS 166.270), Oregon covers unlawful weapon possession, carrying a concealed weapon without a permit, and sentencing enhancements for using or displaying a weapon during another crime. These charges often significantly raise the seriousness of an underlying case.
Consequences for violating a restraining order
A restraining order violation under the Family Abuse Prevention Act is its own distinct criminal charge, separate from the original conduct, and can mean immediate arrest along with additional charges layered onto an existing case.
Bail Decisions and Drug Charges, In Depth
How Oregon grades drug possession
Possession severity depends on substance and amount. Methamphetamine possession is a Class E violation by default, escalating to a Class A misdemeanor at two grams or more, and a Class C felony for commercial or substantial-quantity conduct (ORS 475.894); comparable statutes cover fentanyl, heroin, and cocaine (ORS 475.752 and related sections).
Bail and pretrial release in Portland
Release decisions happen at arraignment, guided by a least-restrictive-condition standard (ORS 135.245). Personal recognizance requires no money (ORS 135.230(6)), conditional release adds supervision (ORS 135.260), and security release requires a 10% deposit with most of it refundable (ORS 135.265). Some serious charges can mean no release is possible (ORS 135.240).
Expungement Eligibility and the Negotiation Process
Record clearing under Oregon’s set-aside statute
Eligibility for a set-aside generally begins three years after conviction or release for a Class A misdemeanor, five years for a Class C felony, with statutory exclusions for certain offenses (ORS 137.225(1)(b)). It’s a meaningful remedy, clearing most public records, but not an automatic one.
How most Multnomah County cases resolve
Negotiated resolutions, not trials, decide most criminal cases: a reduced charge, a different classification, or a specific sentencing position agreed to as part of a plea. That negotiation tends to benefit from an attorney who already knows how local prosecutors approach similar charges.
Charge-by-Charge: What Oregon Law Actually Says
Fraud and white collar charges
Financial-crime charges around Portland span a wide range. Using someone else’s identifying information to defraud them is identity theft, a Class C felony that becomes a Class B felony once the loss tops $1,000 or credit is affected (ORS 165.800, 165.803). Forgery starts at a Class A misdemeanor for altering a document and climbs to a Class C felony for forging government securities, a check over $1,000, or 15-plus retail receipts (ORS 165.007, 165.013). Falsifying business records stands on its own as a Class A misdemeanor (ORS 165.080). These charges typically hinge on paper trails and records, not witness testimony.
Theft and burglary charges
Theft grading in Oregon tracks dollar value closely: below $100 is a Class C misdemeanor, $100 up to $1,000 is a Class A misdemeanor, and $1,000 or more is a Class C felony, with a Class B felony aggravated-theft tier starting at $10,000 (ORS 164.043, 164.045, 164.055, 164.057). Burglary is its own charge, separate from whatever was taken: unlawful entry with intent to commit a crime is a Class C felony, rising to a Class A felony if the building is someone’s home or the person is armed or injures someone (ORS 164.215, 164.225).
Domestic violence allegations
A domestic violence case in Portland often runs on two tracks at once, a criminal charge and a civil restraining order under Oregon’s Family Abuse Prevention Act. “Abuse” there means attempted or actual bodily injury, placing someone in fear of imminent injury, or forced sexual relations between household or family members (ORS 107.705). Either party can petition the circuit court for a restraining order, which remains active until a court changes or ends it (ORS 107.710).
Assault charges
Assault severity in Oregon depends on injury and weapon use. Fourth-degree assault, basic physical injury, is a Class A misdemeanor. Third-degree, reckless serious injury involving a deadly weapon, is a Class C felony. Second-degree, intentional or knowing serious injury, is a Class B felony. First-degree, the most serious tier, intentional serious injury with a deadly weapon, is a Class A felony (ORS 163.160, 163.165, 163.175, 163.185).
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Where a Portland Case Is Heard
Portland criminal cases are filed in the Circuit Court of Multnomah County, the Fourth Judicial District (ORS 3.012(1)(d)). Most proceedings happen at the downtown courthouse, but Oregon law requires the county to hold court in Gresham at least one day a week for state misdemeanor and traffic matters arising east of 122nd Avenue, unless the accused requests trial downtown instead (ORS 3.014). An attorney who knows which building a given hearing is actually in, and who the judges are there, can save real time.
Frequently Asked Questions: Portland Criminal Defense
What’s a “no-contact order” and how long does it last?
A no-contact order is a release condition, common in domestic violence and certain other cases, barring contact with a specific person, often the alleged victim. It typically stays in effect for as long as the underlying release conditions apply, unless modified by the court.
What’s the difference between a violation, a misdemeanor, and a felony drug possession charge?
It comes down to substance and quantity. Methamphetamine possession, for example, is a Class E violation at baseline, a Class A misdemeanor at two grams or more, and a Class C felony for commercial-scale or substantial-quantity conduct (ORS 475.894); other drugs follow similar tiered statutes (ORS 475.752 and related sections).
Will a set-aside help me pass a background check for a job in Portland?
In most cases, yes, since a granted set-aside removes the conviction from standard employer background checks, though certain licensed professions and specific employers may still have access to sealed records in limited circumstances.
Can a charge be reduced even if I don’t qualify for diversion?
Yes, reduction to a lesser charge is a separate negotiating path from diversion and depends on the facts, the evidence, and the prosecutor’s willingness to negotiate.
Is there a difference between being arrested and being charged?
Yes. An arrest is the police taking someone into custody; a charge is the formal accusation filed with the court. The timelines described above (arraignment, diversion deadlines) run from specific triggering events, not simply from a general sense of when trouble started.
Can I be charged with drug possession if the drugs weren’t found on me?
Possibly, under a “constructive possession” theory if prosecutors can show you had knowledge of and control over the substance, even if it wasn’t in your pocket. This is a fact-intensive question worth discussing with an attorney.
What should I bring to my first meeting with a criminal defense attorney?
Any paperwork from the arrest or court, a note of your charge and next court date, and a clear timeline of what happened from your own memory while it’s fresh. The more the attorney has upfront, the more useful that first conversation is.
Can charges be dismissed before trial?
Sometimes, depending on the strength of the evidence, whether a motion to suppress succeeds, or whether the prosecutor agrees to a resolution like diversion. It’s case-specific.
What if I refused a breath test in Portland?
Refusal carries its own administrative license consequences separate from the criminal charge. An attorney can walk through both the criminal case and the license issue together.
Does Oregon have a specific “white collar crime” statute?
Not as a single named offense. “White collar crime” is a general term covering specific Oregon statutes like identity theft (ORS 165.800), forgery (ORS 165.007, 165.013), and falsifying business records (ORS 165.080), each charged and graded on its own terms.
What if I’m charged with a DUII but I wasn’t driving drunk, just tired?
Oregon’s DUII statute covers being under the influence of an intoxicant, not just alcohol, and fatigue alone isn’t a DUII theory. If impairment wasn’t from alcohol or a controlled substance, that’s a real defense question to raise with an attorney early.
Do I have to let police search my car or home?
Not automatically. Consent to search is a separate legal question from whether police had grounds to detain you, and it’s worth discussing with an attorney rather than assuming compliance was required.
Is a public defender the same as a private criminal defense attorney?
Both are licensed attorneys, but a public defender is appointed based on financial eligibility, while a private attorney is retained directly. Availability and caseload can differ between the two.
What makes a fraud case a felony instead of a misdemeanor in Oregon?
It depends on the specific charge. Forgery becomes a Class C felony for government securities, a check over $1,000, or 15 or more retail receipts (ORS 165.013); identity theft becomes a Class B felony once the loss exceeds $1,000 or credit is affected (ORS 165.803). Smaller-dollar conduct is typically charged as a misdemeanor.
Is burglary the same charge as theft in Oregon?
No. Burglary is unlawfully entering or remaining in a building with intent to commit a crime, a Class C felony, or a Class A felony if the building is a dwelling or a weapon or injury is involved (ORS 164.215, 164.225). It’s a separate charge from whatever crime, like theft, the person intended to commit inside.
How To Start The Criminal Defense Attorney Oregon Portland Intake Process
If you or someone you know was arrested in Portland, the form on this page connects you with an attorney who handles cases in Multnomah County Circuit Court. There is no cost to use it and no obligation to hire the attorney you speak with.
Before that call, write down the date and location of the arrest, whether you were booked, and any court date already on your paperwork. If a DUII is involved, note whether you took a breath or blood test and when.
We also help people in Forest Grove, Tigard, and Canby find a local criminal defense attorney. A related personal injury case in Portland? Our Portland personal injury page handles that separately, and the Oregon criminal defense hub covers the rest of the state.
