District Attorney
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 District 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 the arresting or investigation officer.
Filing of criminal charges
A criminal case begins when the District attorney’s Office files with the court a charging document, called a complaint, information or indictment, against the defendant. That document sets forth the crimes with which the defendant is being charged.
A crime is a felony if the maximum term of imprisonment may be more than one year. Felonies include possession, manufacturing and delivery of drugs, robbery, burglary, theft in the first degree, and most sexual assault crimes.
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, and 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. In felony cases, a plea may not be entered until after the preliminary hearing or grand jury takes place.
Preliminary Hearing
At a preliminary hearing, the State must present evidence to show that a felony has been committed and that the State 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.
Grand Jury
The grand jury is made up of seven citizens who examine the evidence presented by the State and determine whether the State has sufficient evidence to prosecute the defendant for the offense.
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.
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 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 District 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 and some are sentenced to the state penitentiary.
Appeal
After sentencing, a defendant may appeal his conviction and sentence. Appeals are heard by the Oregon Court of Appeals. The time it takes to decide an appeal varies greatly, depending on the number of issues raised and the complexity of the case. In some cases, the appeal may continue on to the Supreme Court. In death penalty cases, the appeals go directly to the Supreme Court.
The Board of Parole and Post-Prison Supervision
- If the victim so requests and furnishes a current address, the Board of Parole and Post-Prison Supervision is required to notify and allow a victim to appear and present their views at a defendant’s parole hearing.
- If the victim so requests and furnishes a current address, the Board of Parole and Post-Prison Supervision is required to notify a victim 30 days before a defendant is released form the penitentiary (not county jail).
