Oregon Criminal Defense for
Health Care, Medical and Other Professionals
Portland criminal defense lawyer, James F. O’Rourke, Jr. is experienced in
representing licensed and ancillary health care and other professionals throughout
Mr. O’Rourke represents clients who are or may be charged with crimes in ways
which are very useful in dealing with possible or actual professional licensing
board disciplinary actions. Mr. O’Rourke has extensive experience working with
professional licensing boards in Oregon.
Mr. O’Rourke & his staff work as a team for you
We use methods we have developed over the last three decades to effectively
represent our health care and other professional clients in all of the areas where
they may need help including Criminal Investigations, Criminal Prosecutions,
Licensing Board Proceedings and DEA Licensing issues.
We employ multi-disciplinary consultants to assist in the evaluation, preparation
and presentation of our client’s cases.
In addition to our forensic consultants, as part of our representation, a number of
recovering health care professionals are available to tell our health care
professional clients about their own experiences and outcomes with recovery,
treatment, criminal cases and board proceedings. These consultations are
confidential and covered by the attorney client privilege.
We practice Smart Defense which is concentrating our time and resources in the
areas which will be most productive in achieving the goals we set with our clients.
Smart Defense is focusing on using What Works.
Our success comes from working from a position of confidence and strength.
PRE CHARGE REPRESENTATION
During Pre Charge Criminal Investigations of our clients we assert our client’s
constitutional and other rights to prevent the state from illegally obtaining
incriminating evidence against our clients. The assertion of constitutional rights
by one is the assertion of constitutional rights for all. The State has the burden of
legally gathering evidence and proving every element of each charge. We work to
make sure that our clients get the benefits of all of our rights as citizens.
There is a time to make a full and accurate disclosure and that is best done with
the assistance of an attorney. Until that time, we encourage our clients to remain
silent and to Assert Your Rights And Protect Yourself.
While the State conducts its investigation, we conduct our own investigation and
we are proactive in protecting and promoting our clients interests.
The sooner we get involved in a case the less the clients have to try to figure out
on their own.
In Criminal Prosecutions, we Attack the State’s ability to prove charges through
investigation, constitutional, evidentiary and procedural motions and trail. We
Negotiate before and after charges are filed and we develop and employ
Mitigation-Sentencing Plans to achieve results which work for our clients.
We evaluate each case for its own legal and factual defense potential and set
realistic goals with our clients and then create trial, negotiation and mitigationsentencing
plans to achieve those goals.
First we Attack the government’s case in and out of Court. We study and
challenge the prosecution’s ability to prove its case. We consider defenses and
whether we can exclude evidence from trial which the prosecution will need to
prove its case. We file motions which assert our client’s statutory and
constitutional rights to limit the evidence the government can use in trial. We use
aggressive investigation to test the credibility of the government’s evidence and to
develop our own evidence for trial, negotiation and mitigation. We use powerful
trial teams for the cases which actually go to trial.
Second, we Negotiate before and after charges are filed. As soon as possible, we
contact the district attorney and begin discussing the merits of the case and
educating the district attorney about our client. Using investigation, diplomacy and
hard work, we often succeed in getting the district attorney to agree to legal
solutions which do not involve criminal convictions or convictions which can be
reduced or sealed after a period of time.
Third, we determine our clients’ criminal sentencing exposure and make
Sentencing-Mitigation Plans to reduce the consequences of conviction to those
which allow the clients to move forward in their personal lives and support the
clients in continuing to work in their professions in the event of a guilty verdict or
as part of a plea bargain. We develop and present evidence that shows that our
clients do not need to be punished with jail or prison to prevent them from
offending again even if our clients already have a prior criminal record.
Mitigation includes turning negatives into positives.
No honest attorney can absolutely predict what a jury will decide in a given case.
We can give an opinion of the chances for success. Sometimes, the risks of trial
are outweighed by the certainty of an offer which is too good to refuse.
The Sentencing-Mitigation Plans often include provisions for Dismissal Of
Charges After A Successful Period Of Probation, Motions For Early Termination
Of Probation, Motions To Reduce Convictions From Felonies To Misdemeanors
and Motions To Seal Records Of Arrests And Criminal Convictions
TURNING NEGATIVES INTO
Often, the goals we set with our clients and the plans we create with our clients to
reach those goals are outlines for them to live out and become, in fact, their
personal and professional comeback stories.
Turning Negatives Into Positives is about people finding effective ways to work
through their personal challenges and to recover themselves and their lives. It is
about using accurate diagnosis and successful recovery to get excellent results in
court and in life.
Most of our professional clients who are charged with crimes have been involved
in incidents which arose out of underlying causes and conditions including
addiction, abuse of alcohol and/or drugs, situational emotional problems or mental
health issues. But for these reasons, they would not have committed crimes. By
identifying and addressing the root causes of the alleged criminal conduct, through
treatment and other appropriate means, we present proof to the Courts that
incarceration is not necessary to get our clients to treat their underlying conditions
and that community based treatment is available and already working to avoid
further problems. By the time we get to court, we are able to show how our clients
are living in the solution as opposed to living in the problem.
We also present this evidence of living in the solution to professional licensing
boards with generally good results.
We work with an extensive network of top professionals who help our clients
discover, identify and address the underlying causes and conditions which led to
the criminal conduct. We are very experienced in working with clients who are in
or need residential, out patient or individual addiction education or treatment, 12
Step Programs and various kinds of counseling and psychotherapy. Some clients
need both addiction and mental health treatment.
We understand addiction and recovery. We know how to explain the many
nuances of our clients underlying conditions and their recovery to prosecutors,
judges and others.
Not every person charged with a crime involving use of drugs or alcohol is an
addict or alcoholic. You do not have to be an alcoholic or an addict to have
problems with the law arising from the use of alcohol or drugs. Most of our DUII
DUI clients fall into the non addict non alcoholic category.
Through diagnostic experts, treatment professionals and others, we develop a
substantial record of our clients underlying conditions, recovery and low risk of
re-offending. The documentation process begins soon after we are hired and long
before the clients stand before a judge in a courtroom.
Most of our clients who follow the plans we create with them, receive very fair
and lenient resolutions from the Courts. People who are willing to follow
instructions get the best results.
Our methods have not only helped clients achieve exceptional results in resolving
criminal proceedings and professional licensing board issues, they have also
created a foundation for healing reputations and important relationships with
family, friends, colleagues and employers.
In creating plans for clients, we take into consideration the licensing board
implications of our client’s actions throughout the planning and defense or each
criminal case. Often, the work that we do in connection with the criminal case is
extremely helpful in licensing board proceedings.
We understand and help our clients fulfill professional licensing board mandatory
self reporting requirements.
We often represent clients before State licensing boards concurrently with
representing them in the criminal courts. We contact the Board early in the case to
begin educating them about our clients and our position with regard to the
suspected inappropriate conduct.
We have represented many persons licensed to practice law, medicine, dentistry,
pharmacy, nursing and other professions. Problems with alcohol and drug abuse
and addiction are common in all health care professions and criminal charges
and board proceedings are not necessarily the end of a career. Many of our
clients do not get their professional licenses suspended or revoked. Many of our
clients satisfy their licensing boards that the criteria for suspension or revocation
are not met in our clients’ cases. Most of our clients whose licenses get suspended
or revoked get them back after some period of time if they do the right things.
We have a good idea what professional licensing boards want our clients to do and
how to fulfill those expectations.
We help clients work out DEA licensing issues when necessary.
We concentrate our efforts in the areas which will be most effective in achieving
the goals we set with our clients. We practice Smart Defense which is focusing
our efforts on using What Works.
WE LET OUR RESULTS SPEAK FOR US
Our motto is Personal Service With Integrity. We strive to provide excellent
individual service to our clients. We return their calls and answer their questions.
We counsel and support them as they go through the criminal case and licensing
boards processes. We want our clients to feel represented which means that we
want them to know that we care about them and what is important to them, that we
know how to address the challenges they are facing and that we are working hard
to protect and promote their interests.
Our reputation is based on our results and for taking a personal interest in our
Mr. O’Rourke received the 2012 Martindale Hubble Client Distinction Award for
providing a high degree of satisfaction to our clients in the areas of
communication, responsiveness, quality of service and value for money spent.
Former client references and other information about our results in representing
health care professionals are available upon request.
We know how to avoid or work with the media when necessary.
Our principal offices are in Portland, Gresham and Oregon City.
Out of office and jail appointments are available.
Our normal business hours are from 8:00 a.m. through 5:00 p.m. Monday through
Evening and weekend appointments are available.
We can be reached at 503-221-1425 24 hours a day, seven days a week.
Our fax number is 503-221-1497
We can be reached by email at JFO@JFOLAW.COM
After I Met Him, My Outlook On Everything Changed Completely. My experience with Jim O’Rourke was much more positive than I could have ever expected. I am a Pharmacist who got into serious trouble, with five criminal charges against me. My first attorney did absolutely nothing for me, and I’m pretty sure if I found Jim first I would not have lost my job. (Read More...)– Pharmacist D
I Would Highly Recommend Mr. O'Rourke as a Lawyer for Any Criminal Case.
Mr. O'Rourke represented me in a DUII case. I am a health care professional and I was worried about my professional license. Mr. O'Rourke gave me advice on how to approach my licensing board that was a great help to resolve my board problems.(Read More...)– R.N., B.S.N., C.P.N.
Mr. O'Rourke's Team Helped Me Regain Who I Have Always Been; A Man of Character. I am a pharmacist who became addicted to opiates post-ACL and meniscus surgery. I tried to hide my addiction for months but it was not long before I lost my job. I was charged with serious crimes but ended up with no convictions due to Mr. O'Rourke's efforts. (Read More...)– JLC, BS R.Ph., Pharm D.