Criminal Defense FAQs

ANDY GREEN, ATTORNEY AT LAW, P.C.
Frequently Asked Questions about
CRIMINAL CHARGESWHAT YOU SHOULD KNOW ABOUT CRIMINAL CHARGES IN OREGON
www.andygreenlaw.com

DISCLAIMER
This information is provided as a general overview and not to be taken as legal counsel. If you
have questions about your specific case, you should contact an attorney directly. The use of this
document for communication with the firm or any individual member of the firm does not
establish an attorney-client relationship. Confidential or time-sensitive information should not be
sent through this form.

WHAT ARE THE PENALTIES
OF COCAINE POSSESSION
IN OREGON?
Possession of Cocaine is a Class C felony in Oregon. Which means that
the maximum prison term is 5 years and a fine of $125,000 dollars.
Realistically Possession of Cocaine is going to result in probation and
treatment if it’s a first offense, and jail time for subsequent offenses.
The ramifications for having a felony conviction can't be overstated
which is why it's so important to have a criminal defense attorney in
this process.
DRUG FAQ #1

IS ECSTASY POSSESSION
CONSIDERED A FELONY?
Possession of Ecstasy is a Class B felony. The second most serious level
of crime in Oregon.
DRUG FAQ #2

WHAT MAKES A DRUG CRIME A
MISDEMEANOR OR A FELONY?
All drug possession crimes, except for small amounts of marijuana, in
Oregon are felonies. Now certain District Attorneys' offices elect to
charge some drug crimes as misdemeanors. They do this sometimes
when there's a small amount of drugs, but legally they could proceed as
a felony.
DRUG FAQ #3

HOW LONG DOES A DRUG CHARGE
STAY ON YOUR RECORD?
A drug crime will stay on your record until it is expunged. An
expungement is something that you must do on your own, but in most
cases you’ll be wise to enlist the help of an attorney.
DRUG FAQ #4

IS A DUID LESS SEVERE
THAN A DUI?
In the eyes of the law there is no difference between an alcohol DUI
and a drug DUI.
DRUG FAQ #5

SHOULD I REPRESENT MYSELF
IN A CRIMINAL CASE?
Absolutely not, there are just too many nuances and you need to trust
the professionals. If you can't afford an attorney, get a public defender.
DRUG FAQ #6

DO I NEED A LAWYER AT
MY ARRAIGNMENT?
If you are able to, it always helps to have an attorney with you at court.
Sometimes it's not possible to have an attorney in time for your
arraignment. In that case just tell the court that you intend on hiring an
attorney and if there's any way you can have some extra time for your
attorney to be able to appear with you.
DRUG FAQ #7

WHAT IF THIS IS JUST A
MISDEMEANOR CHARGE?
CAN’T I PLEAD GUILTY?
A misdemeanor is a lot more serious than you might think. A class A
misdemeanor is punishable by up to a year in jail. It's very common for
people to be put on probation for years and sent to treatment for a
misdemeanor. A misdemeanor is not just some ticket you can just go
and pay.
DRUG FAQ #8

WHAT HAPPENS IF THE POLICE
OFFICER DOES NOT READ ME MY
RIGHTS?
That depends on whether the officer gets any incriminating statements
from you. Your Miranda rights concern your right to not talk with the
police.
DRUG FAQ #9

HOW TO EXPUNGE CRIMINAL
RECORDS
You need to talk with an attorney experienced in expungements. There
are very specific requirements.
DRUG FAQ #10

WHAT IS THE CRIMINAL CHARGE
OF DOMESTIC BATTERY?
In Oregon this is called Domestic Violence Assault 4. It is typically when
one person intentionally, knowingly, or recklessly injures a family
member, person they live with, or person they're having sex with.
DRUG FAQ #11

CAN A URINE TEST REVEAL
MARIJUANA & THE DEGREE OF
IMPAIRMENT?
Not in Oregon. In Oregon it can just show that the person has used
marijuana sometime in the last 30 days.
DRUG FAQ #12

SHOULD I TAKE A BREATH TEST
IF I AM ARRESTED ON DUI?
Unfortunately there is no easy answer to this question. It really
depends on the persons circumstances and record. For some people it's
better to take the test, for some it's better to not take the test. In
Oregon, you have the right to contact an attorney before you blow.
DRUG FAQ #13

TOP 6 MISTAKES MADE
AFTER A DUI ARREST
1. Telling the officer how much you've drank or how drunk you are on a
scale, etc.... You don't have to lie, but you also don't have to answer
their questions. You have the right to remain silent.
2. Not asking to speak with an attorney before the breath test.
3. Not hiring an attorney before the first court date.
4. Not requesting a DMV hearing.
5. Hiring the cheapest attorney to be found. Remember, you get what
you pay for.
6. Going it alone.
DRUG FAQ #14

Caption and Photo Credit: Use this space to provide credit to the original photo or
graphic creator and provide context on its meaning.
If your case does require a trip to
court, I have the courtroom
experience you need.
- Andy Green
“Andy Green, Attorney At Law, P.C.
121 SW Salmon Street, Suite 1100
Portland Oregon 97204
Toll Free: 800-713-0562
Phone: 503-388-4362
Fax: 503-471-1386 www.andygreenlaw.com

PORTLAND CRIMINAL DEFENSE
ATTORNEY AT YOUR SERVICE
A criminal charge, misdemeanor or felony, is
serious business. Every case is different and needs
to have a tailored approach.
My goal is to keep you out of court. But if your
case does go to court, I have the knowledge and
experience to effectively navigate the courtroom
process.
EMAIL US
andy@andygreenlaw.com
CALL
Toll Free: 800-713-0562
Phone: 503-388-4362
FOR A FREE CONSULTATION…

Criminal Defense FAQs

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