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
Oregon.

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.

Click here for more information about pre charge representation.

CRIMINAL PROSECUTIONS

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
andJFO@JFOLAW.COM