Oregon police are not perfect - neither are Oregon's prosecutors. Police and prosecutors are just human and make mistakes like everyone else. In some cases, they charge people with crimes when those people are innocent. In these situations, the Oregon criminal justice system gives people the chance to defend against the charges to show that they should not be found guilty. With the right defense strategy, prosecutors may even decide to drop charges.
In a recent Oregon case, prosecutors have agreed to drop misdemeanor charges against a 70-year-old man. In this case, a 76-year-old resident of a rehabilitation facility claimed that he was sexually assaulted by a stranger that had entered his room. Police say that they identified the 70-year-old man as the perpetrator. Therefore, he was arrested and charged with third-degree sex abuse and harassment. These are misdemeanors.
However, the man's defense attorneys were able to show that the man is not able to stand trial. They argued that the man does not have the mental capacity. According to the defense team, the man suffered a head injury in 2012 that lead to surgery and dementia. The man has no way to understand the consequences of his behavior and suffers from severe cognitive impairments. Furthermore, they argued that he has no real chance of recovery from this condition and that he has never been a danger to the community.
As a result of this criminal defense, the charges were dropped. While these were only misdemeanor charges, they still could have had a major impact on this man's life and lead to serious punishments including jail time. All those facing criminal charges - including misdemeanor charges - should explore their criminal defense options. The result could be dropped charges.
Source: The Oregonian, "Charges dropped against Portland man, 70, accused of sexually abusing Avamere Rehabilitation of Hillsboro resident," Emily E. Smith, Sept. 10, 2013
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