Oregon defendants have right to jury trial for violations

Every single person accused of a crime in Oregon has protections granted by the United States Constitution. Many of these constitutional rights protect against police misconduct during searches and seizures of people's personal property. However, some of these rights deal with the subsequent criminal proceedings. They define how people need to be treated during the proceedings. One constitutional right is the right to a jury trial.

It is important for those accused of crimes in Oregon to ensure these rights have been upheld throughout the proceedings. The accused should have a criminal defense strategy that considers these rights since criminal convictions can have such long-term consequences.

In Oregon, prosecutors have been accused by some of violating the right to a jury trial. In these cases, prosecutors chose to charge a person with a "violation" instead of misdemeanors. This practice usually occurs for less serious crimes such as third-degree theft or urinating in public. When a criminal charge is treated as a violation, the defendant is not given the option to have a jury trial. Instead, only a judge presides over all proceedings.

One woman challenged this practice after being arrested for theft. In her case, prosecutors chose to move forward with the case as a violation. She requested a jury trial, but the request was denied. The woman appealed the decision.

Recently, the Court of Appeals ruled that this woman's rights were in fact violated. According to the Court of Appeals, those charged with violations have the right to a jury trial. Furthermore, those who were previously denied the right to have a jury trial can choose to have their cases retried.

This ruling has opened up new options for those facing violations or misdemeanor charges. They will need to think carefully about their criminal defense strategies and ensure their constitutional rights are upheld -- including the right to a jury trial.

Source: The Oregonian, "Oregon Court of Appeals ruling could clear way for jury trials for Occupy Portland protesters," Aimee Green, Sept. 26, 2012