District Attorney

Definitions

Arraignment: The first step taken by the court in a criminal prosecution when a criminal defendant is brought before the court to hear the charges they are facing, be advised of their rights and enter a plea (typically, “Not Guilty).

Arrest Warrant: A court order directing a law enforcement officer to arrest and bring a criminal defendant to court.

Conditional Release: A person charged with a crime is “released” from jail with the conditions they will show up for future court appearances, not engage in illegal activity, not contact the victim and other conditions the court deems appropriate.

Grand Jury: A body of seven Clackamas County citizens selected by the court at random from a pool of jurors to hear sworn witness testimony regarding criminal matters occurring within the county. The grand jury may “indict” a person for a crime when it believes the person is guilty of committing the offense.

Indictment: A formal written statement of the charge(s) found by a grand jury indicating that the case should be tried. Also called a "true bill.”

Information: A formal written statement of the criminal charge(s) made by the prosecution without a grand jury indictment.

Mistrial: A trial that the judge brings to an end without a determination on the merits because of a procedural error or serious misconduct during the proceedings. In a criminal trial, when the jury cannot agree on a verdict, the judge usually rules that there is a mistrial.

Plea: Response of a criminal defendant to the charges. Possible pleas include "not guilty,” "guilty,” "no contest,” or "guilty except for insanity." For criminal court purposes, a "no contest" plea has the same effect as a "guilty" plea.

Release on Own Recognizance (ROR): A person charged with a crime is “released” from jail on the promise they will show up for future court appearances and not engage in illegal activity prior to trial.

Sentencing: A hearing to determine what the consequences for criminal conduct will be based on the offense, the offender’s criminal history and any aggravating or mitigating factors.

Settlement Conference: A hearing conducted by a judge to help the parties resolve a criminal case prior to trial.

Criminal Procedure

1. Voir Dire
   The judge and both lawyers question potential jurors and "strike" (remove) those who do not appear impartial. The final panel is composed of 6 people for misdemeanor trials, or 12 people for felony trials.
2. Opening Statements
   Both lawyers have an opportunity to tell the jury the facts they expect the jury to learn during trial. The prosecutor always goes first.
3. State's Case
   Prosecution presents its case through witness testimony and exhibits.
   1. Direct Examination
      Witnesses are questioned by the prosecutor to establish "what happened."
   2. Cross Examination
      Witnesses are questioned by the defense attorney in an attempt to clarify, explain, or discredit what the witness has said.
4. Defense Case
   The defense now has the opportunity to present any evidence they wish the jury to consider, or may choose to offer no evidence. The defense attorney will directly examine their witnesses, and the prosecutor will cross-examine them.
5. Rebuttal
   Prosecution witnesses may testify to dispute what the defense witnesses have said. This testimony must be something that has not previously been testified to in the State's case. Witnesses are directly examined by prosecutor and cross-examined by defense attorney.
6. Closing Arguments
   Both lawyers summarize and argue their cases to the jury. The prosecutor is allowed to close first, then speak again after the defense attorney's closing argument.
7. Jury Instructions
   The judge explains the law to the jury.
8. Deliberations
   The jury goes to the jury room to discuss the case and decide a verdict. The jurors must unanimously vote “guilty” to convict, or at least 10 must vote “not guilty” for an acquittal. If a decision cannot be reached, the judge may declare a mistrial because of a "hung jury," and the case may be retried before a new jury.

Responding to criminal traffic crash investigations involving death or serious physical injury.

The Vehicular Homicide Team is made up of 5 deputy district attorneys with over 60 years of combined prosecutorial experience. The team responds 24/7/365 to criminal traffic crash investigations involving death or serious physical injury. We assist law enforcement personnel with legal issues in preparation for criminal prosecution of vehicular crimes including Manslaughter, Criminally Negligent Homicide, DUII, and Assault. During the investigation and criminal prosecution, we partner with our Victim’s Assistance Office to help guide victim families through this unfamiliar landscape.

In the aftermath of a crash, we work with detectives, crash reconstruction teams, first responders, medical personnel, and other experts during the investigation and prosecution of these crimes. The Vehicular Homicide team, in conjunction with our law enforcement partners, engage in regular trainings to help ensure a consistent county-wide response to these devastating cases.

There are two Deputy District Attorneys assigned to review stalking-related cases. This involves the crimes of (1) Stalking and (2) Violation of a Stalking Protective Order. When there are incidents that do not meet the crime of Violation of a Stalking Protective Order, a contempt of court charge may also be appropriate. Victims of stalking are encouraged to report the incidents to law enforcement. They also have the option to apply for a civil Stalking Protective Order, regardless if a criminal case is pending or not. This avenue may be able to provide the same protection as a no-contact order before a criminal case can be filed.

Our Victim Services office is able to assist a victim of stalking in filing the appropriate paperwork.

Mental Health Court (MHC) is designed for those who have committed a crime and are diagnosed with a major mental illness such as schizophrenia and bipolar disorder, among others.

MHC is a collaboration between the District Attorney’s office, probation, the court, the local defense bar and the county’s Behavioral Health Unit. It provides a wrap-around treatment team to help a participant manage their mental illness — whether that be providing support with their medication, drug treatment, weekly group counseling sessions, and/or housing.

Participants must be a Clackamas County resident, willing to comply with the rules of the program, and not pose a significant public safety risk.

MHC often provides participants with the incentive of a reduction in jail or prison time, while affording our community the benefit of intense treatment supervision the participant might not otherwise receive. Depending on the nature of the charges or their criminal history, a participant may be eligible for a deferred sentencing program which would result in their case being dismissed upon successful completion of the program.

Mental Health Court is held at the Clackamas County Courthouse. For more information, contact them at 503-655-8401.

LEAD seeks to reduce future criminal behavior by homeless and addicted individuals who commit low-level offenses in our community.

LEAD is a pre-charging diversion program, which means that some individuals may avoid having charges filed altogether if they enter and complete the program. The program pairs participants with LEAD case managers who act as brokers of services for the participant and connect them with services the client needs and is ready for, including addiction treatment, medical care, housing, and job placement.

There are two paths into LEAD:

• When a law enforcement officer investigates an individual for a low-level offense, such as trespass or small theft, and the officer determines that the individual is eligible for the LEAD program, the individual will not be taken to jail. Instead, the officer will 'hand off' the individual to an on-call social services caseworker/case manager. The individual must then complete an in-depth assessment, as directed by the case manager, within 14 days of referral and sign a release of information allowing information to be shared with LEAD partners. The investigating officer will write an arrest report and forward it to the District Attorney’s Office for review. A Deputy District Attorney will review the report to ensure compliance with program criteria. If the individual completes the in-depth assessment and follow-up treatment and meets all other LEAD criteria, no criminal charges will be filed on the individual’s case. If the individual does not follow through, criminal charges will be filed.
• A LEAD partner will refer an individual into the program without a specific criminal charge to be diverted. Here the LEAD partner determines that the individual fits the criteria: he or she is affected by drugs or alcohol, experiencing or facing homelessness, and is involved in the criminal justice system. If the LEAD team determines that the individual would benefit from participation and that the quality of life of our community would be improved by a reduction in future criminal activity by that candidate, the candidate is brought into LEAD.

Working to disrupt and dismantle drug trafficking organizations.

Our office has 2 Deputy District Attorneys assigned to work with the Clackamas County Interagency Task Force (CCITF), a unit of the Sheriff’s Office comprising local, state, and federal law enforcement officers from multiple agencies working in the Portland metro area to disrupt and dismantle drug trafficking organizations. These DDAs work with CCITF agents to address issues relating to search and seizure law, forfeiture and property, search warrants, and the ramifications of legislative and judicial decisions. They also prosecute the suspects investigated by CCITF agents (including prosecutions arising out of fatal overdose investigations). One of the two DDAs assigned to this Unit is cross-designated as a Special Assistant United States Attorney (SAUSA), able to bring cases arising in Clackamas County in either state or federal court.