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Lisa A Maxfield

Lisa Maxfield’s Answers

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  • Criminal defense, plea bargain under OR criminal proceudre

    my son committed a crime, he is eighteen. He was walking by a house that had its garage door open and there was a bike in it - he stupidly took the bike (right around the street from the our house). Someone seen him and called the police, who kn...

    Lisa’s Answer

    Plea bargaining is just like any other sort of negotiation. The more the defense has to trade the better outcome he can negotiate. The best plea offers are made to defendants who have some legal or factual defense to mount if the case is litigated. For example, sometimes a better plea offer is made to a defendant who agrees not to litigate a sound legal motion. Without seeing the police reports in your son's case, it is difficult to know what, if any, defenses or legal motions might have been available to him.

    Usually public defenders are in a very good position to know what plea offers are typical or even possible in a jurisdiction.

    As others have said, your son would be in a much better position if he could plead to a misdemeanor and avoid a felony conviction. That said, sometimes an Oregon felony conviction can be reduced to a misdemeanor at the end of a successful probation. Ask your son's attorney whether the relief in ORS 161.705 might be available under the terms of the current plea offer.

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