When you’re facing criminal charges the experience can be overwhelming, confusing, and stressful.
You might not know what to do next, or even where to begin. Whether you're charged with a misdemeanor or a serious felony, understanding the basics of the criminal justice system can help you take the right steps and avoid costly mistakes.
This guide offers practical insights for individuals navigating criminal law, from what happens after an arrest to how to prepare for court.
Why Criminal Defense Matters
In a criminal case, the stakes are high. A conviction can lead to jail time, large fines/court fees/assessments, loss of employment, negative impacts on your personal relationships, and long-term damage to your reputation. Even lesser charges can affect your ability to find housing, qualify for certain licenses or your career prospects.
That’s why having a knowledgeable criminal defense lawyer on your side is critical. A qualified attorney will not only explain the charges being made against you and your rights, but also will fight to have evidence dismissed, negotiate lesser charges, or represent you in trial if needed.
Common Types of Criminal Charges
Criminal law covers a wide range of offenses. Some of the most common charges people face include:
DUII or DUI
Driving under the influence of alcohol or drugs can result in license suspension, alcohol evaluation and treatment, heavy fines, and jail time. First-time offenses may be treated differently than repeat offenses, but both should be taken seriously.
Drug Offenses
These include possession, distribution, or manufacturing of controlled substances. Penalties vary based on the type and amount of drugs involved, and whether there were any aggravating factors. Oregon has decriminalized possession of small amounts of certain drugs for personal use, treating them as civil violations. However, distribution, manufacturing, and possession of larger quantities remain criminal offenses.
Assault and Domestic Violence
These charges can arise from physical altercations, threats, or alleged abuse. The consequences can affect not only your freedom but also your family relationships and child custody arrangements.
Theft and Property Crimes
Charges may include shoplifting, burglary, vandalism, or embezzlement. Even minor theft charges can lead to criminal records that impact your employment and financial future.
White-Collar Crimes
Non-violent offenses like fraud, forgery, or identity theft often involve complex investigations and require a strategic legal approach to resolve.
What Happens After You’re Charged
Understanding what to expect after being charged with a crime can help you stay calm and make informed decisions. Here’s a breakdown of what typically happens in a criminal case:
Arrest and Booking
You may be taken into custody, fingerprinted, and photographed. Depending on the charge, you may be released with a court date or held until a bail hearing.
Arraignment
This is your first appearance in court. The charges will be formally read, and you'll have the opportunity to enter a plea (usually “not guilty” at this stage).
Pretrial Process
Your attorney may negotiate with prosecutors, request evidence (discovery), or file motions to suppress unlawful evidence. In many cases, the case is resolved without going to trial.
Trial
If your case goes to trial, both sides will present evidence and arguments. A judge or jury will decide whether you're guilty or not.
Sentencing
If convicted, the judge will impose a sentence. Sentencing can vary widely depending on the type of offense, your criminal history, and other factors.
Your Rights in a Criminal Case
Whether you’re in Oregon or Washington, you have constitutional rights that protect you throughout the criminal process. These include:
The Right to Remain Silent - You are not required to answer questions without an attorney present.
The Right to an Attorney - If you cannot afford one, the court will appoint a public defender.
The Right to a Fair Trial - You are presumed innocent until proven guilty, and the prosecution must prove the charges beyond a reasonable doubt.
The Right to Know the Charges - You have a right to understand what you’re being accused of and to examine the evidence against you.
Exercising these rights early can significantly impact your case. Be sure to consult with an attorney to most effectively assert these rights.
Criminal Law in Oregon and Washington:
What’s Different?
Oregon and Washington have different criminal laws and court procedures. For example:
Drunk Driving Laws:
Oregon uses the term DUII (Driving Under the Influence of Intoxicants) and does not allow plea bargains to lesser charges like reckless driving in DUII cases. Washington uses the term DUI (Driving Under the Influence) and has slightly different sentencing structures and alternative programs.
Drug Charges:
Oregon has decriminalized small amounts of some drugs, while Washington still treats many of them as criminal offenses.
Court Systems:
Oregon and Washington have different court rules, sentencing guidelines, and processes for diversion or expungement.
If your case involves activity across state lines, or you're not sure where the charges fall, it’s important to speak with a lawyer who understands both jurisdictions.
Choosing the Right Criminal Defense Lawyer
When searching for a defense attorney, consider the following:
Experience with Your Type of Charge: Not all attorneys handle every kind of criminal case.
Local Court Knowledge: A lawyer familiar with Oregon and Washington courts may have insight into how local judges and prosecutors handle certain cases.
Clear Communication: You should feel confident that your attorney will keep you informed and involved in every stage of your case.
Advocacy: Your attorney should be a zealous advocate for you and enforce rights to the fullest effect during the entire lifetime of the criminal charges that you are facing.
Track Record: Look for someone with proven success in handling criminal matters, especially cases similar to yours.
At McKean Smith, criminal defense cases are handled by attorney Troy D. Nixon, who brings a strategic and personalized approach to every client’s case. Troy has vast experience in the criminal courts across all of Oregon.
Steps You Can Take Right Now
If you’ve been charged or suspect you’re under investigation, don’t wait to take action. Here are immediate steps you can take to protect yourself:
Do Not Talk to Police Without a Lawyer
Write Down Everything You Remember - This includes dates, times, people involved, and anything said.
Save Evidence - texts, emails, or documents could be useful in your defense.
Avoid Discussing the Case - Don’t talk about your case on social media or with anyone other than your attorney.
Get the Help You Deserve
Facing criminal charges doesn’t mean you’re guilty, and it doesn’t mean your future is over. With the right legal help, many people are able to move forward with minimal consequences or even have charges dropped.
Whether you’re in Oregon or Washington, understanding your rights and options is the first step toward resolution. A strong defense starts with knowledge and the decision to seek experienced legal counsel.
If you or a loved one are facing the challenges of criminal law in Oregon or Washington, don’t go it alone. Help is available, and you have the right to defend yourself every step of the way.
