OREGON CRIMINAL DEFENSE ATTORNEY, PORTLAND
Mr. O’Rourke is an experienced criminal defense lawyer and attorney in
Portland, Gresham, Beaverton, Hillsboro, Oregon City and Troutdale Courts
and Courts throughout the State of Oregon. Mr. O’Rourke began as a
Portland Criminal Lawyer in 1978.
Criminal defense attorney O’Rourke will defend you against criminal
prosecution in the Portland metroplex area. In Multnomah County, felony and
misdemeanor criminal charges are prosecuted in Portland and misdemeanor
crimes are prosecuted in Gresham and Portland. In Washington County, Oregon, felony and misdemeanor cases are heard in Hillsboro, Oregon In Clackamas
County, felony and misdemeanor criminal proceedings are heard in Oregon
Mr. O'Rourke and His Staff
Work As a Team For You
In every criminal case we use three methods to fight the
prosecution and win: attack, negotiation and mitigation. The smart thing
is to concentrate our time and resources in the areas which will be most
productive in achieving our goals. This is Smart Defense -
focusing on using what works.
Call us today for your FREE telephone consultation at 503-221-1425
or you can
tell us about your case here.
First we ATTACK the government’s case in and out of Court. We test and
challenge the government’s ability 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 trail. We use powerful trial teams for the cases which go to
Second, we NEGOTIATE before and after charges are filed.. Using
investigation, diplomacy and hard work, we often succeed in getting the
State and alleged victims to abandon prosecutions. No honest attorney can
predict how a jury will decide 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.
MITIGATION - SENTENCING
Third, we develop a SENTENCING MITIGATION hearing plan in the event of a
guilty verdict or in conjunction with a plea bargain. We develop and present
evidence that shows that our client does not need to be punished with jail
or prison to prevent him or her from offending again even if our client
already has a prior criminal record. Mitigation includes turning
negatives into positives.
TURNING NEGATIVES INTO
Use of alcohol and drugs, gambling, mental health
issues including depression and Bipolar and situational emotional problems
including anger are the root causes of many crimes. By addressing the causes
of alleged criminal behavior, we assure the Court that incarceration is not
necessary to get our client to solve his or her problem.
We have an extensive network of top professionals we use to assist our clients.
We have vast experience working with clients in residential, outpatient,
individual counseling and psychotherapy and 12 step recovery programs and with
their spouses, families, friends and employers.
We understand the nature of addiction and the problems and feelings of
recovering persons and their families, friends and employers. We know how to
address those problems and concerns.
We use our clients’ successful treatment efforts to get excellent results in
Court which is the essence of
Turning Negatives Into Positives.
Most of our addiction recovery clients receive extremely lenient treatment from
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 process.
Our reputation is based on our results and on the way we treat our
Further former client references and other information about results from
trial and motion practice, negotiation, sentencing and appeal are available
Recently, about one fourth of our new clients have been referred by former
We are able to handle defenses for certain clients in such a way that
they never have to go to the courthouse. We know how to keep things quiet.
Among the services we provide retained clients related to criminal
investigations and charges are the following:
We at James F. O’Rourke, Jr. And Associates provide
Pre Charge Representation for clients suspected of, witnesses to or
under investigation for supposed criminal activities. In many cases no charges
We encourage you to
Assert Your Rights and Protect Yourself
during any encounter with law enforcement agents or police officers before and
after you have been arrested for or charged with a crime. You can always talk
your way into trouble and rarely talk you way out of trouble with law
enforcement agents. Consult with a criminal lawyer before talking to the police.
We appear with prospective clients at Arraignment while they obtain the
funds to hire us to make sure that their cases get started correctly. At
Arraignment the client is informed of the charges against them and further court
dates are set. The judge makes important decisions at Arraignment about
Release Conditions, and the amount of Bail.
We work for the Release of persons who have been arrested and taken into
custody including Bail Reduction and Release Hearings. We are able to get
most of our clients released from custody during the pendency of their cases
upon appropriate release conditions.
If you have been released on bail or on your own recognizance, you are probably
subject to Release Conditions. Please review your release conditions
carefully to make sure that you can comply with all of them. If you violate your
release conditions you will be taken back into custody.
Click these links to see the Standard Release Conditions for
Portland, Gresham, Multnomah County,
Clackamas County and
Washington County, Oregon. The Court can also order additional or
special release conditions.
We review Release Orders and Conditions with our clients. If there is a problem
with a particular release condition we file a Motion For Modification Of
We prepare and file pre trial motions including Motions To Suppress Illegally
Obtained Evidence. Winning a Motion To Suppress can prevent the State from
using evidence necessary to get a conviction. The threat of a strong Motion to
Suppress is a factor the prosecution must consider in negotiations.
Our clients decide whether or not they want to go to trial. If so, their
case will be tried by a highly experienced Oregon criminal trial lawyer. When a
person is properly prepared, trial can be an interesting experience.
We insist that our clients maintain a plea of not guilty at least until
we can negotiate the best result possible for them in exchange for
changing their plea to guilty or no contest.
Most criminal charges are resolved by the criminal defense lawyer negotiating
with the District Attorney and the Judge. This is called plea bargaining.
Based upon decades of experience as criminal attorneys in Portland, Gresham,
Beaverton, Hillsboro and Oregon City we know that well over 95% of all felony
and misdemeanor criminal cases in those courts end up with clients pleading
guilty or no contest to certain charges in exchange for the dismissal of other
criminal charges and/or for leniency in sentencing or other considerations.
Even when a client pleads guilty or no contest, there are ways to be allowed to
withdraw that plea and have the case dismissed after successfully fulfilling
certain agreed conditions through various methods and programs including
Deferred Sentencing, Deferred Prosecution, Conditional Discharge, STOP Court,
Drug Court and Diversion Programs.
We prepare our clients carefully before a Change of Plea Hearing at
which they change their plea from one of not guilty to one of guilty or no
contest to certain charges.
If you decide you want to plead guilty or no contest to felony or misdemeanor
criminal charges you will be required to sign a plea petition and related
documents. It is very important that you understand the contents of those
We at James F. O’Rourke, Jr. And Associates advise our clients to study the plea
petition and related documents before the change of plea hearing. We discuss
these documents with our clients before court so that they understand their
rights and the potential consequences of entering a plea of guilty or no
contest. We have attached copies of Plea Petitions and related documents
for Multnomah, Washington and Clackamas Counties and for Beaverton Municipal
Court for the convenience of our clients.
County Circuit Courts Plea Petition and related documents for pleas of
guilty or no contest for, Portland and Gresham.
County Circuit Courts Plea Petition and related documents for pleas of
guilty or not contest for, Hillsboro, Oregon.
Municipal Court Plea Petition
for pleas of guilty or no contest for Beaverton, Oregon.
Clackamas County Circuit
Courts Plea Petition
and related documents for pleas of guilty or no contest for, Oregon City.
Plea petitions for other courts including, Troutdale, Lake Oswego West Linn,
Hood River County, Tillamook County, Columbia County, Clatsop County, Yamhill
County and Polk County will be provided to clients with cases in those courts.
At some time after the Change Of Plea Hearing or guilty verdict after trial,
there is a Sentencing Hearing. In most cases the District Attorney tries
to force the Defendant into accepting an agreed sentence through plea
bargaining. Unless we are able to agree to a sentence that is acceptable and
workable for the client, we prefer an open sentencing. In an open
sentencing, the District attorney and the criminal defense lawyer argue
about the sentence and the judge makes the decision. We do very well in open
sentencing hearings using proven Mitigation strategies including those
based upon Turning Negatives Into Positives.
Almost all persons convicted of Felony or Misdemeanor crimes are placed on
Probation and are required to obey Probation Conditions. If you are
accused of disobeying a condition of Probation, we will represent you at a
Probation Violation Hearing where the Judge will decide whether you
violated the probation condition and, if so, whether you should be punished for
We at James F. O’Rourke, Jr. And Associates advise our clients to carefully
study the General Conditions Of Probation and Special Conditions Of
Probation that might apply to them before sentencing. We discuss these
conditions with our clients so that we are aware of any problems the conditions
may cause so that we can bring such problems to the attention of the Court and
argue for different conditions to avoid
probation violation hearings later.
We can get problematic probation conditions changed after sentencing by filing a
Motion To Modify Conditions Of Probation and having a hearing on the motion.
We get persons with Arrest Warrants for
Probation Violations, Failure To Appear In Court and New Criminal Charges
back or into the court system without having to spend time in jail in many
cases. In some counties is it necessary to go to jail before a person can get
back into court. Many of our clients are out of custody within hours or the same
day in those counties.
We get probation terminated early by filing a Motion For Early Termination Of
Probation for clients when the right circumstances exist. Recently, we had a
probation terminated early so that our client could get a certain job.
We file Appeals to get judgments reversed and to get an order for a new
trial or a new sentencing hearing. Appeals are based on errors of law made by
the judges during trial or sentencing. We evaluate cases for possible appeals
and give our clients realistic opinions about their chances of success. We brief
and argue cases in the Oregon Court of Appeals and the Supreme Court for the
State of Oregon.
When clients are granted a new trial after a successful appeal, we approach
their cases as we do all criminal matters, by attacking the State’s case,
pursuing negotiations and, if necessary, preparing for a new sentencing hearing.
When clients are granted a new sentencing hearing after appeal or as a
result of negotiations, we take the opportunity to carefully develop and present
all of the important evidence to the Court, including, in many cases, new
evidence that was not available at the time of the original sentencing. Our goal
is to persuade the Court to give our clients a more lenient sentence.
We get some Class C Felony convictions reduced to Class A Misdemeanor
convictions by filing a Motion For Deferred Misdemeanor Treatment at the
time of sentencing or at the end of the period of probation.
We get records of arrests and criminal convictions expunged (sealed) for
qualified clients by filing a Motion for
We represent persons charged with crimes in State and Federal Court
Felony and Misdemeanor DUII and DUI and
related charges including
Felony and Misdemeanor Failure To
Perform The Duties Of A Driver,
Hit And Run,
Assault in the Second,
Manslaughter in the First and Second
Degree and more. Multnomah and
Washington Counties now charge Reckless Driving with many DUII cases.
DUII related proceedings including
DUII Diversion hearings,
Revocation Hearings, DMV Implied
Consent License Suspension Hearings and
Hardship Drivers License Applications.
Drug Crime Charges including Manufacture,
Delivery or Possession of marijuana, cocaine, heroin, methamphetamine and
ecstasy, MDMA and marijuana grows. Almost all Manufacture, Delivery or
Possession of a Controlled Substance charges are felonies.
Common practices by drug users and addicts can lead to serious charges.
Growing or repackaging marijuana for sale can be charged as Manufacture Of A
Controlled Substance, a Class A Felony. Possession of more than an amount
sufficient for personal use can be charged as Delivery Of A Controlled
Substance which is at least a Class B Felony.
When an addict writes a false prescription to obtain drugs, he or she can be
charged with Forgery. If the addict uses a false identity he or she
can be charged with Identity Theft.
When health care professionals, including nurses, doctors and pharmacists take
drugs from their employers and do not properly record what happened to the drugs
taken, he or she can be charged with Theft and Tampering With Drug
Records. Each pill can be a separate Theft Charge.
Federal Drug Crimes
Theft Crime Charges including Theft In The First Degree,
Theft In The Second Degree, shoplifting, embezzlement, taking and fraud.
UUV, Unauthorized Use of a Vehicle, UUMV, and Possession Of A Stolen
Property Crime Charges including Burglary in the first and second degree,
Criminal Mischief in the first and second degree, Computer crime, Forgery in the
first and second degree, Criminal Possession Of A Forged Instrument in the first
and second degree, and Fraudulent Use Of A Credit Card.
Federal Theft Crimes
Weapons Crime Charges
Domestic Violence Crime Charges including Misdemeanor Assault In
The Fourth Degree, Felony Assault In the Fourth Degree, Harassment,
Sex Crime Charges including Sex Abuse
in the first, second or third degree.
While our principle offices are In Portland and Gresham, we see clients by
appointment in offices in Beaverton, Hillsboro, Oregon City and Lake Oswego.
Besides being a Portland criminal lawyer, Mr. O'Rourke frequently practices
in Courts throughout the State of Oregon and southwest Washington. He is
licensed in Washington and Oregon.
To talk to a Criminal Defense Lawyer, call 503-221-1425. We take emergency
calls 24 hours a day.
Click here to tell us about your case.