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Plea agreements and Oregon law

When a person is accused of a crime in Oregon, it can feel like the person has lost all control. They may not understand the criminal proceedings, the potential penalties or even how long the process is going to take. In many cases, it may feel as if the prosecutors have complete control over a situation. However, Oregon residents should know that they can play an active role in the criminal proceedings. With the right criminal defense help, people can defend against criminal charges.

While in some cases, a criminal defense might include fighting the charges in court, in other cases, the best course of action is to engage in plea negotiations. Under O.R.S. section 135.405, prosecutors have the authority to engage in negotiations with the accused in order to reach a plea agreement. Under the statute, this can be done in cases where a plea agreement would further the effective administration of the criminal justice system in Oregon.

Under section 135.405(3), when negotiating plea agreements, prosecutors have a lot of discretion on what to offer. This section allows them to seek the dismissal of certain charges against a person if the accused will enter a no contest or guilty plea. This section also allows the prosecutor to ask that the charges are dropped if the person pleads guilty or no contest to another charge. Or, this section allows the prosecutor to ask for favorable sentences for a person that has plead guilty or no contest to charges. Additionally, this section allows a prosecutor to not oppose these requests when made by the accused in exchange for guilty pleas.

Prosecutors are only allowed to negotiate with a person's attorney unless the person is unrepresented. Before agreeing to a plea agreement, people should make sure to know their legal rights and speak with an attorney to make sure it is their best criminal defense option.

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