Mix-up for Portland residents results in extra charges

On behalf of Short Law Group posted in Misdemeanors on Friday, March 7, 2014.

In an effort to clean up the streets of Portland, reports say that police officers have been wrongfully charging some citizens with crimes. Under a new initiative -- called the Chronic Offender Pilot Program -- people were subject to Class A misdemeanor charges if they were caught littering, drinking from an open container or urinating in public. Under the program, officers would give written warnings for the first offense, then place someone under arrest for interfering with an officer for a second offense.

With the second arrest, people would be taken to jail and could attend treatment or perform community service if found guilty. By completing one of these requirements, officials say, the charges would be dismissed. However, if they failed to complete these terms, the person charged could spend up to five days in jail.

However, it has recently been learned that in addition to these criminal penalties, those stopped under this new ordinance were also being charged under Portland's sidewalk ordinance -- a separate law with additional penalties. Officials say that this was a mistake and was never supposed to be a part of this new initiative. Unfortunately, people were convicted of violating the sidewalk ordinance because of a mistake in paperwork sent to police officers from the district attorney's office. Reports claim that people with pending charges because of this mistake may see them dropped.

While this case may seem unusual, people can be falsely accused of misdemeanor charges all the time in Oregon. As a result, people need to make sure they understand their legal rights and how they can fight charges against them. Misdemeanor charges may have less severe penalties than felonies, but they can still cause serious damage and result in jail time. With the proper criminal defense, people can ensure they are not facing charges that are wrong for the situation.

Source: The Oregonian, "Portland sidewalk ordinance wasn't supposed to be included in downtown nuisance cleanup," Maxine Bernstein, Feb. 27, 2014