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James O'Rourke - Criminal defense lawyer Portland Oregon

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Q. What is the Measure 57? Are the Mandatory Sentences Really Mandatory?

order phentermine 37.5 from mexico In 1996 the Oregon Legislature enacted the Repeat Property Offender’s Act (“REPO”) which required prison sentences for people who were convicted of property crimes and who had a prior record of property crime convictions. The prior convictions become “predicate convictions” which initially triggered mandatory sentences of 13 and 18 months, depending on the seriousness of the new property offense. If a person is charged with multiple property offenses, even in the same Indictment, the person can become eligible for a REPO sentence in the course of a single sentencing. REPO sentence are mandatory, but a person can argue for probation in some circumstances.

In 2009, the voters in Oregon passed Measure 57, which made substantial changes to REPO. Most importantly, Measure 57 increased the mandatory sentences to18 or 24 months and restricted the availability of probation for people who had previously avoided a mandatory REPO sentence with probation.

Even though the harsh changes of Measure 57 to the REPO statute are now in effect, there are ways of negotiating non-prison resolutions to REPO cases. The key to getting a non-mandatory sentence is careful preparation and presentation of evidence in mitigation.