Criminal Case Overview

Investigation

When a crime is reported, the police are responsible for conducting an investigation. After completing their investigation, the police may submit their reports to the City Attorney’s Office. A prosecuting attorney then reviews the case and decides whether to charge an individual or individuals with a crime.

When a defendant (suspect) is arrested and taken to jail, the defendant must sign a release agreement before being released from custody. The conditions of the release agreement include appearing in court as ordered, not leaving the state without the permission of the court, and not having any contact (direct or indirect) with the victim of the crime for which the arrest has been made. The release agreement is in effect until the court case is concluded. If a victim is contacted by the defendant while the case is pending, the contact should be reported to law enforcement.

Filing of criminal charges

A criminal case begins when the City Attorney’s Office files with the court a charging document, called a complaint, against the defendant. That document sets forth the crimes with which the defendant is being charged.

A crime is a misdemeanor if the maximum term of imprisonment may be not more than one year. Misdemeanors include assault in the fourth degree; harassment; menacing; theft in the second degree/third degree.

Arraignment

The arraignment is the first court appearance after a defendant is arrested or issued a citation. At the arraignment, the defendant is formally advised of the criminal charges filed. In misdemeanor cases, a plea may be entered at the time of arraignment.

Preliminary Hearing

At a preliminary hearing, the City must present evidence to show that a crime has been committed and that the City has sufficient evidence to prosecute the defendant for the offense. A defendant may waive this hearing and proceed to the next step in the prosecution.

Entering a Plea

If the defendant enters a plea of not guilty, a trial date will be set. It is usually several months before a trial takes place, and the trial may be reset several times. If the case goes to trial, victims and witnesses will be subpoenaed to testify.

If the defendant enters a guilty plea, the defendant may be sentenced at the time of the plea, or the sentencing may be scheduled for a later date to allow the victims to attend if they have so requested.

Sentencing

The sentencing is the final step in the prosecution, after the defendant has been convicted at trial or by entering a guilty plea. The sentence is the punishment imposed on the defendant and is determined by the judge within the boundaries set by Oregon law, according to the type of crime and the number of the defendant’s prior convictions. The City Attorney’s Office and the victim can make recommendations, but the judge is the final authority. Of the thousands of defendants who are sentenced each year, most receive probation. Most have to pay fines and fees. Many are ordered to pay restitution. Some are ordered to do community service. Some are ordered to undergo drug or alcohol treatment, or batterer-specific counseling. Some are sentenced to time (less than a year) in the county jail.

Appeal

After sentencing, a defendant may appeal his conviction and sentence to Washington County Circuit Court. The time it takes to decide an appeal varies greatly, depending on the number of issues raised and the complexity of the case.

Crime Victims’ Rights

Criminal Case Overview

Restitution

Victim Assistance

What We Don’t Do