Oregon DUI Issues

March 1, 2004 5:01 AM

My friend is in very bad trouble. We need some legal advice for Oregon, especially in regards to Measure 11. More inside.

Ok, here is what happened:

My friend has a DUI, Minor in possession, and numerous minor offenses related to alcohol. He is not really violent and was attending alcohol classes on top of a huge fine.

He and his roommate decided it would be a good idea to steal 2 cases of beer from Beaverton Winco, and they were tackled onto the ground outside of the business. Here is where it gets stupid.

Bob (fictitious) threw a case of beer at one of the people holding Mike (the main person) as he was being dropped to the ground. It was not security who did this, it was cahiers. Mike then proceeds to fight back, getting some very good hits in before the police show up. Mike had a small knife in his pocket that he did not use, but the police got him for carrying a conealed weapon anyway.

Mike is in jail currently awaiting his trial this week. The judge declared earlier that he has the concealed weapon plus robbery 2, and assault. Robbery 2 is noted under the laws of Measure 11. Bill 1049 from 1997 allows some instances of robbery 2 to be dropped to a non mandatory sentencing. Mike has a court appointed lawyer, and cannot afford an outside lawyer. What should he do? Thank you in advance.

posted by Keyser Soze to law & government (22 answers total)

Is it obvious he has a drinking problem?
posted by Keyser Soze at 5:08 AM on March 1, 2004

Oh, yes. He was on probation for DUI.
posted by Keyser Soze at 5:20 AM on March 1, 2004

Your friend should not be taking advice from anyone except a defense lawyer in the state of Oregon.
posted by gen at 5:27 AM on March 1, 2004

Mike needs to talk to the court appointed lawyer ASAP, that's what they're there for.
posted by yangwar at 5:58 AM on March 1, 2004

He might also want to think about going into AA.

I understand he's your friend, and that he might not necessarily deserve the concealed weapons charge, etc. But robbing convenience stores is just not ok. Beating the jail time would be great, but it sounds like he needs some serious help whether or not he does time.
posted by bshort at 6:25 AM on March 1, 2004

Listen to everyone here, who says your friend needs to only talk to his lawyer.

Don't listen to people like me, who suggest that he fucked up. The probation part will be the key to his sentence. If he has a lawyer worth his salt, then they could probably get the newer charges lowered. But the fact that he violated probation.....that's gonna cost him. Plus, the fact that while he was attending alc. class, he was trying to steal beer. Stoopid!

Seriously, support your friend. Don't tell him he's stupid or whatever, just be a friend and support him and his problems. That also means if he is serious about dropping alcohol, respect that when you're around him. Don't be that devil on his shoulder, telling him, "ah one beer won't hurt".
posted by mkelley at 6:29 AM on March 1, 2004

it sounds like your guy will benefit from the cost of the best top dollar defense lawyer he can afford (or figure out how to afford) ... and really make some overtures to the prosecutor - perhaps about being scared straight this time.

ouch. sounds like a mess.
posted by specialk420 at 7:01 AM on March 1, 2004

See, you screwed up by giving us actual details of an actual case. There is not a single lawyer on MeFi who will touch this with a ten foot pole, because doing so would now constitute actual legal advice. He needs to talk to his lawyer.
posted by monju_bosatsu at 7:17 AM on March 1, 2004

sounds like you need to find some new friends.
posted by crunchland at 8:32 AM on March 1, 2004

Don't listen to me either, as I harsh out on him: you friend is a loser, and the best thing you can do for him is give him a hard clip upside the head and tell him to grow up already.

Geesuz, stealing beer? That's just pathetic. Fighting when you get caught? That's just asinine.

Could well be that some thinking-time in the clink will be the best thing that can happen to him.

I have no tolerance for people who can't be civilized. Vote him off the island.
posted by five fresh fish at 8:40 AM on March 1, 2004

The only advice I can give is if your group of friends is tight enough with this guy is to pony up and pay for a lawyer for him. I certainly would not trust him to a court-appointed lawyer.

Regardless, start thinking about situations in his life that show the good side of his character, just in case he needs character witnesses for his trial.

Personally, I think he is going to do some time for this, so if nothing else, visit him often and start looking for ways to help him put his life back together once he is freed.
posted by mischief at 9:08 AM on March 1, 2004

what gen said.
posted by Peter H at 9:35 AM on March 1, 2004

What Mischief said, too.
posted by squirrel at 11:54 AM on March 1, 2004

But mostly what fff said.
posted by ook at 12:55 PM on March 1, 2004

Mostly what fff said, followed by what mischief said. The bottom line is, he fucked up bad, got caught and deserves to cop the punishment for what he did. Still, if you consider him a true friend, you owe it to him to help in any way you can and this would most likely be in the form of moral support unless you can find a way to raise the money for a real lawyer. Think seriously about getting involved to the point where you are running his life though - think hard about how far he would go for you if the situation were reversed. This is where you find who your true friends are.
posted by dg at 1:49 PM on March 1, 2004

think hard about how far he would go for you

In my own personal view of things, I would never consider this question, and in fact, on numerous occasions. I haven't. If someone's presence in my life means enough to me, I help with all the resources I can spare. I haven't been burned (badly) yet.

YMMV. ;-P
posted by mischief at 2:55 PM on March 1, 2004

That's a very good attitude, mischief. However, I'd temper it also with weighing in some odds as to whether the help they want me to provide will actually give them the best chances of being helped.

Some jail time might be what this dink needs. A little time to sit and think and consider a lifestyle change. Bailing him out for the umpteenth time will just enable him to continue being a jerk.
posted by five fresh fish at 4:26 PM on March 1, 2004

I help with all the resources I can spare
Agreed 100% - if you consider him a friend, you have an obligation to help in any way you can, within your resources. Still, keep in mind that this person has put you in a position where he needs your help in a way that would make me question how much I would be prepared to dive into this situation, given that it could take up a significant part of your life for some time to come - are you prepared to spend the next year visiting prison every weekend and do you really need friends that act in this way? I know that sounds selfish, but this is not a one-off occurrence and you have enough shit to deal with yourself without becoming someone else's personal saviour. While friends have a right to your help, they have some responsibility to take the fall for their own stupid mistakes and to not put their friends in this position by making the same stupid mistakes over again.
posted by dg at 4:49 PM on March 1, 2004

That's why I italicized spare; perhaps I should have qualified it more. Also, the presence of a constant screwup tends to lose meaning. Anyway, I won't dispute anything fff and dg wrote.
posted by mischief at 4:56 PM on March 1, 2004

Metafilter has spoken.

I'd call the advice, in aggregate, quite good although not exactly easy. But that's in the nature of good advice.
posted by troutfishing at 9:02 PM on March 1, 2004

*bangs gong*
posted by squirrel at 9:15 AM on March 2, 2004

Bill 1049 from 1997 allows some instances of robbery 2 to be dropped to a non mandatory sentencing.

From here:

In the case of Robbery II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :

The offender has no prior convictions for serious offenses and
The victim did not suffer significant physical injury and
The perpetrator did not put the victim in fear of imminent significant physical injury.

IANAL, but it sounds like your friend had better pack his toothbrush.
posted by crunchburger at 12:27 PM on March 2, 2004