People of the Court
What is the name of the program you are currently in? Who put you in this program?
Community Restoration & Judge Nan Waller.
What are the 4 plea options?
-Guilty
-Not Guilty
-No Contest
-Guilty Except For Insanity (GEI)
How should you address the Judge?
Referring to them as Your Honor or The Honorable
What is the lowest level crime? (crime class: category)
Misdemeanor: C
Can your attorney withdraw fitness concerns?
Yes, this is a possibility especially if you stabilize after treatment. Also, a good question to ask your attorney. Typically, they prefer an evaluation stating that you are 'Able' to Aid & Assist.
Whose job is it to get the BEST deal?
Defense Attorney, Public Defender, or Defense Counsel (your lawyer)
What is a hearing?
Any proceeding before a Judge in which evidence or arguments are presented to determine some legal issues.
Can you go to court with mental illness symptoms?
Yes, as long as they do not interfere with court proceedings.
Will I get time served at this program? Will my time in jail count as time served?
This is an important legal matter that you should discuss with your attorney.
Why can only your attorney attend your Forensic Evaluation?
Because of confidentiality.
Who is the attorney who represents the state?
District Attorney (DA) or Prosecutor
What is a Forensic Evaluation?
An assessment done by a psychiatrist or psychologist to find out if an individual is able to Aid & Assist their attorney. They go over health/mental health records, family history, and substance use history.
Who should you reach out to if you need to change your court date or need to request a phone call versus an in-person appearance?
Only Correct Answer: Your attorney
please do not call/text your Aid & Assist CSS about your court appearances
Are you expected to know your charges at your Forensic Evaluation?
Yes.
The charge (accusation) is public record. Your side of what happened is not – it is privileged information for your attorney only.
What are the 5 results of a Forensic Evaluation?
(hint: there are 3 more common results)
Able, Never Able, Unable, No Opinion, and Med Never Able
Who decides what type of trial to have?
The defendant w/ help from their attorney
Who creates a Plea Bargain? What is it?
The District Attorney will draft a plea bargain.
A deal between yourself and the DA with guidance from your attorney: the deal says if you enter a guilty-type plea, you will be offered a lower sentence or lower charges.
If you are still Unable to Aid & Assist can you proceed to trial?
No, there needs to be an evaluation opining that you are 'Able'.
What are the max lengths of time for Felony A, B, & C?
B: 10 years
C: 5 years
Can you be revoked if you do not follow the conditions of your release?
Yes, this is a possibility if you do not follow the conditions of release (ex. continued substance use, not taking medications)
Is this program or staff responsible for helping prove your innocence?
ex. mental health provider/staff from the Oregon State Hospital
No, This program and its staff are neutral parties. It is used for evaluation and treatment.
What does .370 mean?
It is a reference to a law (ORS 161.370) which allows a judge to send you to OSH or to the community for evaluation and treatment.
The Judge decided that you were unable to understand your legal situation, work with your attorney, or participate in your legal defense.
What is the outcome of a not guilty plea?
Trial
Bench Trial Jury Trial
Verdict
Conviction Acquittal
Sentencing Release
What is worse...a consecutive sentence or a concurrent sentence? Why?
Consecutive sentence because it means the person will have to serve their time back-to-back versus at the same time.
What 5 rights does a defendant lose if they agree to a plea bargain?
-Right to a trial
-Right to remain silent
-Right to confront accusers
-Right to call witnesses in your favor
-Right to an appeal