Why It’s Important to Obtain an Attorney for Sexual Solicitation Defense

If you are ever charged with sex solicitation it is imperative that you hire a criminal defense attorney. In Oregon sex solicitation is a misdemeanor crime—not a felony like promoting or compelling prostitution charges. But, the consequences of a conviction can cause extreme hardship to you or your loved ones. Here are a few of the top reasons to consult with a professional attorney in your sex solicitation defense.

But first, a definition:

In Oregon, you can be charged with sex solicitation if

  1. Sexual acts were offered for a fee.
  2. Money was offered for sexual acts.
  3. An agreement was reached that allowed the exchange of money for a sexual act.

If you are convicted of a sex solicitation crime you could face up to a year in jail and/or a $6,250 fine. As with most criminal convictions, the severity of the sentence and fine depends on a number of factors. These include your criminal history, if this is a first time or repeated offense, where you are tried, and who the judge is.

In some Oregon counties a first-time sex solicitation offender can receive a conviction with probation and possibly a jail sentence. In others, you receive acommunity court offer, where the charges against you will be dismissed as long as you remain crime free for a specific period of time and attend a one-day “John” class.

Why do you need an attorney?

 

  • The legal system can be very confusing.

 

There are a lot of factors that can affect your trial for sex solicitation, which can make it very confusing to try and navigate the process by yourself. It is a defense attorney’s job to understand the complexities of the legal system and help guide you through them. They can also work to help get the charges against you dropped or reduced, something that can be hard to accomplish alone.

 

  • These are serious charges that can negatively affect your family, career, and life.

 

Being charged for a sex solicitation crime can greatly impact every facet of your life. While defense attorney’s can not fix every arena touched by the charge—they cannot remove your arrest from online sources, for example—they can help you lessen the effects. They can also help qualifying individuals expunge or seal their criminal records, obtain a community court offer for first-time offenders, and point you towards other resources that can help you rebuild.

Sex solicitation charges do not need to define the rest of your life. A good defense attorney can help you get through the court process so that you can move forward.

If you need a defense attorney for a sex solicitation charge and are in the Portland area, then you should contact Andy Green, Attorney at Law, P.C. He will handle your case without judgement. Green was also previously a prosecutor, so is very familiar with the potential arguments a prosecutor may make in your trial. Call (503) 377-5040 or contact us online today.

You Received a DUI — Now What?

So, you’re feeling completely overwhelmed-you’ve been arrested for a DUII (driving under the influence of intoxicants—these include alcohol, drugs, or a combination of both), commonly referred to as a DUI or DWI. No matter if this is your first or hundredth time, you will probably be dealing with a wide range of emotions and questions. Not of least of these is probably: What happens now?

Thankfully, you don’t have to go through this process alone. Andy Green, attorney at law, P.C., has years of experience representing people facing DUII charges in Portland Oregon. Call 1-503-477-5040 to set up an appointment today.

In addition to contacting a good lawyer that can represent and help guide you through the process, there are a few other things to keep in mind when arrested for a DUII. Keep in mind that if this is a repeat offense, it is likely that penalties and criminal charges will be more severe than if this is your first DUII.

Here is some of the most important information to keep in mind when dealing with a DUII charge in Oregon.  

 

  1. If you are arrested for an alcohol content of .08% or more—even if you are not later convicted—you will face some administrative penalties. These could include at least a 90-day license suspension. If you refuse to take a chemical test (blood, breath, or urine) then you could face a license suspension of up to three years. You can receive a hardship or emergency permit. See our earlier blog post about who qualifies for these special permits and how to obtain one.
  2. Unlike other criminal charges, a DUII comes with mandatory fees. In Oregon you will likely need to pay at least $1000, but you could be charged up to $10,000.
  3. Criminal charges and a court summons will be issued to you upon our release from jail following your initial arrest. It is imperative that you attend your court date. At your first hearing, or arraignment, you can offer a plea of innocent or guilty. You will want to have hired a good attorney, as they can advise you the of the best plea to make in your specific case.
  4. If convicted of the DUII there are a number of consequences that you will face. These will vary in severity depending on the number of offenses you have, if a child under 18 or a person younger than the driver by three years or more was in the vehicle, and your blood-alcohol content level (BAC).
  • Your license will be suspended for at least one year or could be revoked permanently.
  • You could have to pay a conviction fee on top of fines already imposed.
  • You will need to serve 2 days to five years in jail or at least 80 hours of community service.
  • Your participation in drug and alcohol treatment and the Victim’s Impact Panel will be mandatory.
  • You will need to install an ignition interlock device for one to two years after your license is reinstated.

 

Getting a DUII can cause a lot of stress and anxiety in your life. As mentioned above, the best thing you can do to help yourself is to hire a good defense attorney. For those of you dealing with DUII charges in Portland, Oregon, Andy Green is a good person to have on your side. Call 1-503-477-5040 to ask questions about your DUII charge or set up a meeting.

Winter 2017 Scholarship Winner

I would like to congratulate Gary Starks on winning the Persons in Recovery Scholarship. Gary is a student at the University of Louisville and is set to graduate this year. Really happy I could award Gary the scholarship, he’s an amazing success!

Our next scholarship will be awarded this summer. Please remember it only applies to PEOPLE IN RECOVERY FROM DRUG AND ALCOHOL ADDICTION. 

Scholarship Winner

I would like to congratulate Meredith Haberle of Franklin University in Ohio. She’s a Computer Science major and is set to graduate in 2018. She’s an amazing story, having now been in recovery for over 9 years. She’s also set to be the first person in her family to have a college degree. Way to go, Meredith!

If you didn’t win this time around, feel free to reapply when we re-up the scholarship. There will be changes this time around, so please check before reapplying. On that note, please fully read the requirements before applying. This scholarship was for people in recovery from drug and alcohol addiction, not anything else. Thanks for everyone who applied, there were some great essays!

Andy

Do I Have to Get an Ignition Interlock Device (IID) While on Diversion?

Yes, unless you meet one of the 2 recognized exemptions. The Oregon DUII Diversion Agreement requires everyone who enters diversion to have an interlock on any car they drive, while they have driving privileges, for the entire diversion period.

There are 2 recognized exemptions. The first is the medical condition. You’d have to have a medical condition, and the documentation to prove it, that would prevent you from using an interlock device. To sum it up, you’d need a doctor to attest to what condition you had, whether it was permanent, and whether it prevented you from blowing more than 5 pounds of pressure for 5 seconds or resulted in a ketone level that causes you to fail the test. On DUII Diversion cases, the judge would have the final say.

The other exemption is the employee owned vehicle exemption. If driving an employee owned vehicle, DMV has a form you and your employer fill out, and you must keep it with you any time your operating an employer owned vehicle with out and IID.

Unless you meet one of these exemptions, you will have to get an IID. Now there is a new law that will potentially allow for the removal of the IID after 6 months, but that will be covered later.

Can I get a Hardship Permit if My License is Suspended for DUI?

Most likely, the answer is yes. But first we need to determine what type of DUI suspension you’re dealing with. There are several suspensions one can get for a DUI in Oregon.

If this is your first DUI and you failed a breath test (blew a .08 or higher) then DMV will attempt to suspend your license for 90 days. For the sake of this post, we’re not gonna address the DMV or Implied Consent hearing where we have a chance to challenge that suspension. On these 90 day suspensions, you should be eligible for a hardship permit, but DMV has a 30 day waiting period for them. So that means that DMV will only issue the permit for the last 60 days of the suspension and you’ll have find alternate transportation for the first 30 days.

Now same situation, your first DUI, but you refused the breath test. DMV will suspend your license for 1 year, and in this situation, there’s a 90 day waiting period. So on the refusal suspensions, you will not be able to drive at all for the first 90 days of the suspension and until DMV approves your hardship permit application.

If you do Diversion and successfully complete it, there will be no additional suspension. Diversion does not have a suspension.

Let say after you do Diversion, you get another DUI (it happens). Then in addition to the DMV breath test and refusal suspensions, you’re also looking at a 1 year suspension imposed by the court if you are ultimately convicted. Now on these suspensions, there is no official waiting period, but you do have to have the convicting judge sign your hardship application. And most times, these judges want to see that your getting some stuff done before they will sign it. These waiting times vary from county to county.

The problem many people fall in to, is that if they fail a breath test or refuse a breath test within 5 years of a previous breath test failure or suspension, then you’re looking a DMV “enhanced” suspension. These are 1 year for a failure and 3 years for a refusal. THERE IS NO HARDSHIP FOR THESE SUSPENSIONS.

Some people get another DUI that will result in a 2nd conviction. If it is within 5 years of the last conviction, this will result in a 3 year suspension. You would be hardship eligible, but as this is a court suspension, the judge’s signature would be required, and DMV makes you jump through a few more hoops. If it’s outside the 5 year window, then it will just be a 1 year suspension.

Now if you get a 3rd lifetime conviction, then the court will revoke your license for life and there will be no hardship permit. You are eligible to petition the court in 10 years to have your license reinstated.

I think that covers them all.

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Can a DUI Lawyer Go to My First Portland, Oregon Court Appearance?

If you have a conflict that will not allow you to go to your first DUI court appearance there is a possibility you can hire or retain the services of a DUI lawyer to make an appearance for you. The lawyer must tell you that he or she can appear on your behalf.

The general rule is if you fail to appear for court you forfeit your right to do diversion and a warrant will be issued for your arrest.   You may also be charged with the crime of failure to appear.

There is an exception; in some Oregon courts if you hire an attorney prior to your first appearance and the attorney can appear on your behalf.  Some of these counties include Multnomah County; Clackamas County and Washington County. If you have any questions about appearing in court after a DUI contact Andy Green today at 503-477-5040.

An important piece of information is you must always appear in court on felony DUI charges or any felony charges in general. Failure to appear (FTA) can cause many legal problems. Upon missing a court date a second crime can be charged. It can be a failure to appear in the second degree or failure to appear in the first degree. The court will issue a warrant for your arrest which is known as a bench warrant. We strongly suggest you talk to a lawyer before missing any court date. This could end up saving you a significant amount of jail time and money in the near future.

Having worked with the Multnomah County District Attorneys Office Mr. Andy Green knows the intricacies of the Oregon Court System. Rather than missing your first court appearance and having a warrant out for your arrest it is wise to contact one of the best Portland DUI lawyers today. He can help explain all of your options before your first court date.