Measure 11 Sex Crimes

There are a tremendous number of false accusations of sexual misconduct.
We have succeeded in having many cases dismissed or not prosecuted at
all as a result of our intense pre-trial representation.

Relief From Sex Offender Registration

Under some circumstances, a person who was convicted of a sex offense
requiring yearly registration can petition the Court for relief from
that requirement. Whether the Court allows such a motion depends on the
nature of the offense, a person’s performance on probation and the
overall success of a person’s rehabilitation.

181.600 Relief from
reporting requirement; procedure
. (1)(a) No sooner than 10
years after termination of supervision on probation, conditional
release, parole or post prison supervision, a person required to report
under ORS 181.595, 181.596 or 181.597 may file a petition in the circuit
court of the county in which the person resides for an order relieving
the person of the duty to report if:

(A) The person has only one
conviction for, or juvenile court finding of jurisdiction based on,
a sex crime;

(B) The sex crime was a misdemeanor or Class C felony or, if
committed in another state, would have been a misdemeanor or Class C
felony if committed in this state; and

(C) The person has not been determined to be a predatory sex
offender as described in ORS 181.585.

(b) The district attorney of the county shall be named and served as
the respondent in the petition.

(2) The court shall hold a hearing on the petition. In determining whether to grant the relief requested, the court shall consider:

(a) The nature of the
offense that required reporting;

(b) The age and number of victims;

(c) The degree of violence involved in the offense;

(d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
reporting;

(e) The period of time during which the petitioner has not
reoffended;

(f) Whether the petitioner has successfully completed a court
approved sex offender treatment program; and

(g) Any other relevant factors.

(3) If the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the
public, the court shall enter an order relieving the petitioner of the
duty to report. When the court enters an order under this subsection,
the petitioner shall send a certified copy of the court order to the
Department of State Police.

MEASURE 11 SEX CRIMES ARE SERIOUS CRIMINAL CHARGES WITH SERIOUS POTENTIAL CONSEQUENCES.

GET ADVICE FROM AN EXPERIENCED LAWYER BEFORE YOU MAKE ANY DECISIONS OR SAY ANYTHING TO ANYONE.

Our Family Thanks Jim for His Ability to See Beyond the Charge.
One day, I received a tearful voice message from my 19 year old son that would forever rock our world. It all began the prior year, my son had developed a drug problem. After undergoing drug and alcohol counseling, he had voluntarily entered rehab. During the 12 Step process, the truth came out. Prior to rehab, he had committed a drug induced robbery. (Read More...)
– A Grateful Mother and Family
We Couldn't Have Had a Better Defense at Any Price.

We feel compelled to write a testimonial to the superlative help James F. O'Rourke, Jr. And Associates gave us with our son's case. Hopefully this will be read by someone who, like us, finds themselves in a desperate legal situation. We can say without hesitation or reservation that our son got the best legal help possible.

(Read More...)
– Greg and Gail P.
I Couldn't Be Happier With the Outcome.

My son is a Heroin addict and one day he tried to rob a store in our home town. It was charged as a Measure 11 crime and I was panicking as to what to do. I started looking for a lawyer that specialized in this sort of crime and I made a few phone calls.

(Read More...)
– M.P. & G.P.