FAQs
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Being charged with a crime can be one of the most stressful and uncertain experiences a person will ever face. It is important to remember that a criminal charge is not a conviction. You are presumed innocent, and the State bears the burden of proving its case beyond a reasonable doubt.
If you have been charged, one of the most important things you can do is avoid discussing your case with anyone other than your attorney. Statements made to law enforcement, friends, family members, coworkers, or on social media can often become evidence in a criminal case. It is also important to preserve any documents, photographs, videos, messages, or other information that may be relevant to your defense.
Every case is unique, and there is no one-size-fits-all approach. Depending on the circumstances, there may be opportunities to challenge the evidence, negotiate a favorable resolution, seek dismissal of charges, or prepare for trial. An experienced attorney can help you understand the allegations, explain your options, protect your rights, and develop a strategy tailored to your specific situation.
While the criminal justice process can feel overwhelming, a charge does not have to define your future. Early intervention, careful preparation, and informed decision-making can make a significant difference in the outcome of your case.
If you have been charged with a crime, I invite you to reach out to Baker Law. I would be honored to discuss your case, answer your questions, and help you navigate the road ahead with confidence.
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Your arraignment is typically your first court appearance. At this hearing, the court formally advises you of the charges filed against you and ensures that you understand those charges. No decisions regarding guilt or innocence are made at this stage. The purpose of the hearing is simply to begin the court process and address initial scheduling matters.
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In felony cases, the State of Oregon must present the allegations to a grand jury. A Grand Jury consists of citizens who review the evidence presented by the prosecution and determine whether there is probable cause to believe a crime was committed. If the Grand Jury finds sufficient evidence, it will issue an indictment, and the case will move forward in court.
If the Grand Jury determines there was not enough evidence the State will either dismiss the case or change the charge to a misdemeanor
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Yes. If a Grand Jury returns an indictment, you will typically be arraigned on the formal charges contained in that indictment. This hearing serves a similar purpose to your initial arraignment and ensures you are informed of the charges moving forward.
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After arraignment, your first substantive court hearing is often referred to as a Rule 7 hearing or plea hearing. This hearing allows the court, the prosecution, and the defense to review the status of the case, confirm that discovery has been provided, and discuss how the case may proceed.
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In Marion County you may see that you are scheudled for a “Rule 7 hearing” or a “Plea Hearing” - Several things may occur at this hearing:
Continue the Case: Additional time may be needed to review evidence, conduct an investigation, negotiate with the prosecution, or prepare a defense. In that case, another hearing will be scheduled.
Resolve the Case by Plea: If you choose to do so, you may resolve your case through a negotiated plea agreement. The decision whether to accept a plea offer is always yours.
Request Assignment of a Trial Judge ("Pull a Judge"): Your case may be assigned to a specific judge who will oversee the case moving forward. This often provides additional time for investigation, motion practice, negotiations, and trial preparation.
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When a judge is assigned to your case, that judge generally remains assigned throughout the remainder of the proceedings. This allows for more consistent case management and often provides additional opportunities to prepare your defense. After a judge is assigned, your case may proceed toward trial, continue through negotiations, or still be resolved through a plea agreement.
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No. Assigning a judge does not mean that a trial is required. Many cases continue to be negotiated and resolved after a judge is assigned. It simply provides additional structure and time for the case moving forward.
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You do. While your attorney can explain the strengths and weaknesses of the case, discuss possible outcomes, and provide recommendations, the decision whether to accept or reject a plea offer belongs entirely to you.
Only you can decide to reject a plea go to trial.