Under Oregon's new law, most marijuana-related state felonies, including those related to growing and selling cannabis, can be set aside. To be eligible, you must meet a handful of conditions: First, you have to wait three years since your conviction to request that it be sealed. You also have to be off probation or parole and you have to have met all the conditions of your sentence, including paying fines. You can't have another conviction, except for motor vehicle violations, within the past 10 years. And you can't be currently charged with a crime.

While most marijuana state felonies are now eligible to be sealed, growing or selling cannabis within 1,000 feet of a school and selling to a minor are not.

You must apply to have your conviction sealed in the circuit court of the county in which you were convicted.  

The state charges $252 for these requests. The Oregon State Police charges an additional $80 for fingerprinting, which is required. Other fees may apply depending on the county. Metro Public Defenders, often will help people for free.

Find forms here for Multnomah, Clackamas and Washington counties.

If you have received a ticket for a minor offense while on federal property, you generally have the option of either paying the fine or appearing in federal court to contest your ticket. If you choose to pay the fine, please follow the instructions on the ticket you received. If you choose to contest your ticket, do not pay. You will soon receive a letter giving you a date on which to appear in federal court. If the officer wrote a date on your ticket, please call our office prior to your date to see if you are on the court's calendar

You should call the clerk’s office right away and ask to reschedule your court date.

There is no fixed bail schedule in federal court. Under the Bail Reform Act, 18 USC § 3141 et seq, the magistrate releases a defendant on conditions sufficient to ensure a defendant’s continued appearance. Therefore, release conditions, including bail, can vary dramatically depending on the seriousness of the charges, the defendant’s history, and the defendant’s financial circumstances.

Bail bondsmen are rarely used in federal court. The public defender assigned to a defendant's case can give his/her family a better feel for the conditions of release that will be required. In every case, however, the more family and community support for the defendant, the more likely release will be granted.

In most cases, federal pretrial release can be satisfied with a mixture of assets; principally cash, real property (such as homes), and cars. The public defender will be glad to meet with family and friends of the defendant to discuss different options for meeting the bond amount.

The public defender can help with the paperwork to transfer a house for bail. At minimum, posting a house for bail usually requires a recent appraisal, a copy of all title and mortgage documents, and a deed made out to the clerk of the District of Oregon. Family and friends can help speed up the process by bringing all documents relating to a home – mortgage documents, title reports, and deed records – to the public defender for his or her review.

Under the Speedy Trial Act, 18 USC § 3161 et seq, a case is supposed to proceed to trial within 70 days of arraignment on an indictment or information. Some felony cases do resolve very quickly, within a month or two from the first appearance.

Most felony cases, however, take much longer. The average felony case in the District of Oregon takes one year from the arraignment to sentencing. Complicated conspiracy cases or fraud cases can often take much longer. Delays can come from the need to review discovery, interview witnesses, bring and argue motions, negotiate plea agreements, and prepare for trial.

The public defender will discuss the timing of the case with the defendant, and will explain why any delays or continuances are necessary.

This sounds like an obvious answer, but a fugitive should immediately surrender – either in Oregon or in the charging district. If a fugitive is caught by the U.S. Marshal, it makes it much more difficult (if not impossible) to get bail on the case. Moreover, being a fugitive can have a negative impact on the main case: it can result in bad jury instructions, can increase a defendant’s sentence, and can even result in new charges. If a defendant would like to surrender on a federal warrant, he/she should call our office and we can arrange an immediate surrender before a federal magistrate.

There are two broad types of grand jury witnesses: “targets” and “witnesses.” A target is someone who the government may charge with a crime. A general witness just provides evidence to the grand jury.

Sometimes the letter from the United States Attorney’s office will say that the witness is a target. At other times, the witness will just suspect that he or she is a target. In either of those situations, the witness should either immediately hire an attorney or contact our office and seek appointment of counsel. A private defense counsel or public defender can review the facts of the case, contact the prosecutor to determine the government’s interest, and can either negotiate for immunity for a grand jury witness or instruct him/her to assert the Fifth Amendment, if appropriate, and decline to answer questions.

We do not discourage witnesses from speaking to law enforcement officers or agents. However, everyone in the United States has a constitutional right to refuse to speak to a law enforcement officer. (Although, in some circumstances, a person can be required to identify themselves to a law enforcement officer). If you think that you are the subject of an investigation, it would be wise to first contact an attorney before speaking to law enforcement – the attorney can arrange an interview if it is appropriate. It is usually wise to have an attorney present for all interviews with federal agents, if there is any chance that you will be the subject of an investigation. Call our office and ask for the duty attorney.

“Discovery” is the evidence relating to the charges or to sentencing that is produced by the government. “Discovery” can be five pages long, consisting of a rap sheet and a police report. It can also be hundreds of thousands of pages of documents in a complex case. Discovery can include photographs of the scene, an informant’s name and background, or forensic evidence such as fingerprint or DNA analysis.

When a public defender is appointed to represent a defendant, one of his/her first jobs is to ask for discovery from the government. Except for very rare exceptions (such as sensitive information relating to a confidential informant), a defendant has the right to see all discovery provided by the government.

That is a complex question that depends on whether a defendant is convicted, the type of offense, prior criminal history, and a defendant's unique characteristics.

Sentencing in federal court is controlled by the Sentencing Reform Act of 1984. Under 18 USC § 3553(a), there are many factors that go into sentencing in federal court, including the nature of the offense, the characteristics of the offender, the need to pay restitution, and access to medical and other treatment.

One factor that the court must consider is the Federal Sentencing Guidelines. Calculation of the guidelines can provide one rough estimate of a defendant’s sentence before a plea or trial. The defendant’s attorney will be able to give more details about the defendant’s potential sentence.

If a defendant has too much money or too many assets for appointment of the Federal Public Defender, our office can provide the names of three or more attorneys who are on the list of CJA panel attorneys. These are all experienced federal practitioners in the District of Oregon. Note that the Federal Public Defender does not seek and cannot accept referral fees from private counsel.

A defendant has the constitutional right to represent him or herself, to hire the attorney of his/her choice, or to have counsel appointed. There is, however, no right to appointed counsel of one’s choice.

If a client is unhappy with his/her public defender, the first and obvious step is to discuss this problem with the attorney.

If the defendant and the attorney cannot resolve their differences, the defendant can make a motion in court to seek new counsel. Note, however, that new counsel will only be appointed when there has been a complete breakdown in communications, and when the attorney can no longer effectively represent the defendant. A judge will not appoint new counsel because the defendant is frustrated by the facts of the case, by law that limits any possible defenses or motions, or by a high sentencing exposure.

In general, only very minor federal drug offenses can be expunged under 21 USC § 844(a). Other federal convictions generally cannot be expunged.

In general, the more family support a defendant has, the better it is for a defendant and the case. In most cases, we encourage as many family members to come to court appearances as is possible.

There are some situations, however, where a large family showing may not help. For example, many people in the courtroom may complicate matters when a confidential informant is testifying in a pretrial evidentiary hearing.

Also, some judges do not like children in the courtroom. The attorney appointed to the case can give more details about the best times for the family to come to court.

Make sure that all cell phones and pagers are turned off before coming into court.

The Federal Bureau of Prisons determines where a defendant is going to serve his or her time. There are many, many factors that go into this "designation," including a defendant's prior criminal history, the facts of the present case, his or her immigration status, and family ties to a particular community. The public defender appointed to the case can give a more-detailed description of the factors that will go into a particular defendant's designation.

The Bureau of Prisons has a web page with descriptions of the various facilities, available here. http://www.bop.gov/locations/locationmap.jsp

Supervised release and parole are similar in many ways. Supervised release and parole are both forms of post-incarceration supervision by the United States Probation Office. The rules and regulations governing supervised releasees and parolees are similar. Violations of either supervised release or parole can result in additional time in custody. Both supervised releasees and parolees are entitled to an attorney when charged with violating the terms of their release. There are, however, important differences between parole and supervised release.

Persons sentenced in federal court for conduct occurring before November 1, 1987 were sentenced under so-called “old law” or “pre-Guidelines” law and are subject to parole. Parole involves release from incarceration before the end of a sentence. Parole is a form of custody served in the community under the supervision of the Probation Office and under the jurisdiction of the United States Parole Commission. Parolees remain in the custody of the Attorney General while on parole. Violations of parole are handled by the Parole Commission. Parolees are not entitled to a hearing before a federal judge.

Supervised release is an additional term of supervision that must be completed after a person completes his or her term of federal custody. It applies to persons sentenced for offenses committed after November 1, 1987. Such persons are subject to the United States Sentencing Guidelines (also known as “new law” or “Guidelines” law) and are not entitled to release parole before the end of a sentence. Persons on supervised release are supervised by the Probation Office, and remain under the jurisdiction of the United States District Court. Violations of supervised release are handled by the District Court, and supervised releasees are entitled to a hearing before the District Court.