The post-conviction relief process in Oregon is an alternative way to challenge a conviction. Most convictions are challenged through the appeal process. However, the appeal process only involves a review of the legal rulings made by the trial court judge. An appeals...
It is fair to say that attorneys who are defending Oregonians against criminal charges have a constitutional obligation to do a good job when doing so. This does not mean that a defense attorney must get a not guilty verdict in every case. As with the case with other...
A wrongful conviction can leave you and your loved one devastated. The thought of years of freedom being stripped away can be crushing, and it may feel like there’s little hope righting the wrong that’s occurred. Yet, post-conviction relief may be a very real...
Most criminal cases in Oregon end with a defendant entering a guilty plea, often after agreeing with prosecutors to a plea bargain that will determine the person’s punishment. The fact a person pled guilty does not mean that they have no further options after they...
Some post-conviction relief attempts argue that a defendant was not adequately represented in the criminal case that led to a conviction. Mostly, these efforts are about fairness – they argue that the defendant was not treated fairly during trial or that a plea...
Virtually all criminal trials end with a verdict of either “guilty” or “not guilty.” Apart from post-trial motions concerning the events of the trial or an appeal, little or nothing happens in the court room after the jury announces its verdict and the court enters...
The criminal justice system is supposed to be fair, protecting your rights throughout the investigatory and prosecutorial processes. Yet, egregious errors may not come to light until after your conviction. When that happens, you may be warranted in seeking...
Receiving a conviction for a criminal charge can feel like a period at the end of a sentence. It should feel like a semicolon, because this is not the end of the criminal proceedings available to you. While a criminal conviction might feel like a permanent situation...
The relief you can seek post-conviction can be confusing. And if you don’t properly navigate the process, you might be denied the relief that you deserve. This week, we want to briefly look at the difference between a direct appeal of a conviction and a motion for...
The case of Grants Pass v. Johnson has emerged as a pivotal legal battle that has reached the United States Supreme Court. The case originated from a dispute over restrictions on outdoor sleeping and has sparked a constitutional debate on homelessness. Ninth Circuit...