Oregon Supreme Court Rules Criminal Charges Dismissed If No Lawyer Provided
Oregonians charged with a crime must have their cases dismissed if the state fails to provide a defense attorney for 60 consecutive days in misdemeanor cases or 90 days in felony cases after their first court appearance. This unanimous ruling by the Oregon Supreme Court aims to address the state’s ongoing public defense crisis and uphold defendants’ constitutional right to counsel. While prosecutors can refile charges later if counsel is provided, the court recognized the significant harm caused by extended periods without legal representation. This decision, stemming from a case involving Allen Rex Roberts, establishes a clear deadline to prevent defendants from being subjected to prosecutorial powers without a means to respond effectively.
John Q. Hosedrinker