A youth arrested for a Measure 11 offense will be booked into custody and held at the Donald E. Long Detention Home. You will receive a call from the detention center to let you know your child is in custody and to expect more information within 1 day.
By the next morning, your child will have been assigned a Juvenile Court Counselor (JCC), who will help your child navigate the legal system and provide guidance and support. The JCC will call you with more details about the charges against your child and information about what will happen next.
Your child will have his or her preliminary hearing (first court appearance for this charge) in the afternoon of the next business day.
If your child doesn’t have an attorney, he or she will be given an assigned attorney at the preliminary hearing.
How does Measure 11 affect the way youth arrested in Oregon are charged and sentenced?
Measure 11 requires that any person age 15 or older arrested for certain crimes be charged as an adult.
It also requires a lengthy prison sentence for anyone convicted of a Measure 11 crime. The sentencing judge cannot give a lesser sentence than the mandatory minimum prescribed by Measure 11.
Finally, Measure 11 requires very high bail amounts — usually $250,000 — so any person charged with a Measure 11 crime is usually held in custody until the court process is complete.
Youth charged with a Measure 11 crime are generally held in custody for up to 6 months while their case is decided, due to the complexity of Measure 11 crimes.
Is there any way to get less prison time for these offenses?
In some cases, an attorney may be able to negotiate — “plea bargain” — for a youth to be convicted of a non-Measure 11 offense, which carries less-severe penalties. Usually, this means less time in custody than a Measure 11 conviction would carry.
If a case goes to trial and a youth is found not guilty of any charges, he or she will not face any prison time or legal penalties.
Can I get a Measure 11 bail reduced?
Ballot Measure 11 offenses usually come with a bail of $250,000. Sometimes, after a bail reduction hearing, bail can be lowered, but generally not below $50,000.
For your child to be released from custody on bail, you will generally need to post 10% of the bail amount.
Once the case is concluded, most of the bail may be returned to whoever posted the funds. However, if your child owes fines, fees, etc., any bail money you posted will be applied to those funds owed.
Will I be able to expunge and/or seal a Measure 11 offense?
Virtually all Measure 11 offenses are Class A or Class B felonies — the most serious types of crimes. You can never expunge a conviction for such an offense.
However, if your child is found not guilty of all charges, you may be able to seal the record of arrest.
If your child is found guilty of a lesser offense(s) you may be able to seal the conviction in three to ten years.
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