When you think about criminal charges, you may think that they can be neatly separated into different categories. For example, many people may believe that all crimes will either be classified as a misdemeanor or a felony. However, it's often not that simple. You may be unaware that under certain Oregon laws, legal maneuvering is possible that can allow a crime to receive one classification over the other. In other words, it is possible in some situations to change a felony into a misdemeanor.
Under ORS section 161.570, certain Class C nonperson felonies can be changed into a Class A misdemeanor. These felonies include the unlawful possession of certain drugs including marijuana, methamphetamine and heroin.
In order for this section to apply, the district attorney must agree to the change. The district attorney, therefore, has the right to elect whether these crimes are to be treated as Class C felonies or Class A misdemeanors. If the election is not made by the district attorney, then, by default, these crimes are treated as felonies.
The district attorney has the ability to choose this election at the outset of a case, before an attorney gets involved and without having to get further consent from the judge or anyone else. However, in order to do this, written guidelines must be adopted to determine in what situations the election is made. An election can also be made after negotiating with the accused.
Oregon residents should understand these rules if they have been accused of low-level drug crimes. Getting a charge changed from a felony to a misdemeanor can make a huge difference in the effect the charge has on a person's life. In many situations, an attorney will be necessary in order for those accused to take full advantage of the possibility of reduced penalties.
No Comments
Leave a comment