I Got Charged with a Misdemeanor in Oregon - What Happens Now?

Facing criminal charges is stressful and confusing. Understanding the Oregon criminal justice process helps you know what to expect, what your rights are, and what choices you have. This guide walks through the typical process for misdemeanor charges in Oregon.

The Criminal Process in Oregon

Here's what typically happens after you're charged with a misdemeanor in Oregon:

Your Constitutional Rights

You have important rights during the criminal process under ORS 135.010 and the U.S. Constitution:

• Right to remain silent: You don't have to answer police questions. Anything you say can be used against you.
• Right to a lawyer: If you can't afford one, the court will appoint a public defender at no cost to you.
• Right to a speedy trial: Under ORS 135.747, you must be brought to trial within 60 days (if in custody) or within a reasonable time (if out on bail).
• Right against self-incrimination: You cannot be forced to testify against yourself.
• Right to confront witnesses: You can cross-examine witnesses who testify against you.
• Right to a jury trial: For offenses punishable by more than 6 months incarceration.

Getting a Public Defender

If you can't afford a lawyer, you have the right to a court-appointed attorney at no cost. Oregon's public defender system provides representation for criminal cases:

• Financial eligibility: You typically qualify if your income is at or below 125% of the federal poverty level, or if paying for a lawyer would create a financial hardship.
• How to request: At your arraignment, tell the judge you want a court-appointed lawyer. You'll fill out a financial affidavit.
• Quality of representation: Public defenders are fully licensed attorneys with criminal law experience. They represent thousands of Oregonians every year.

Diversion Programs

For first-time or low-level offenses, you may be eligible for a diversion program under ORS 135.881. Diversion allows you to avoid a conviction if you successfully complete program requirements:

• Who qualifies: Typically first-time offenders charged with non-violent misdemeanors (theft, drug possession, minor assault, DUI).
• Program requirements: May include classes, community service, restitution, drug/alcohol treatment, or counseling.
• Benefits: If you complete diversion successfully, the charges are dismissed. You won't have a conviction on your record.
• Costs: Diversion programs charge fees (typically $200-$500), but fee waivers are available for low-income defendants.

Ask your lawyer or public defender if you're eligible for diversion. It's often the best outcome for first-time offenders.

Understanding Misdemeanor vs. Felony

Oregon classifies crimes as violations, misdemeanors, or felonies under ORS 161.505:

• Violations: Minor offenses (traffic tickets, minor cannabis possession). No jail time. Fine only.
• Misdemeanors (Class A, B, C): Punishable by up to 1 year in county jail and fines up to $6,250 (Class A).
• Felonies: Serious crimes punishable by more than 1 year in state prison.

The classification matters because it determines your maximum sentence, whether you have a right to a jury trial, and the long-term consequences of a conviction.

Where to Get Help

• Office of Public Defense Services: Oregon's statewide public defender system. Request representation at your first court appearance.
• Oregon Criminal Defense Lawyers Association: Find experienced private criminal defense attorneys if you don't qualify for a public defender.
• Metropolitan Public Defender (Portland): Public defense for Multnomah County.
• Court self-help centers: Many Oregon courts have self-help centers with free resources for defendants representing themselves.

Remember: You're presumed innocent until proven guilty. Don't talk to police without a lawyer present. Invoke your right to silence and request a lawyer immediately. Even if you think you're helping yourself by explaining, you're not — always talk to a lawyer first.