If you are contacted by the police about a criminal investigation, it is vital to contact a criminal defense attorney immediately.

If you are the subject of an investigation, you are often at a disadvantage as any statement you make can be taken out of context or used against you.

Zack Stern can provide a strong and proactive legal defense for misdemeanor and felony charges in Oregon and federal court investigations, including:

• Drug crimes
• Sex crimes
• Cyber crimes
• Measure 11 Cases
• Violent felony charges
• White collar crimes
• Domestic violence charges
• Homicide

Do not wait until you’ve been charged with a crime or called before a grand jury to consult an attorney. A good defense attorney can start preparing your case before any charges have been made, help you to understand the legal process and lay out your options to help you make informed decisions.

The most serious criminal charges that you can face are those related to criminal homicide.

Depending on the nature of the homicide charged, the accused could face anything from probation up to the death penalty. It is critical to contact a strong homicide defense lawyer immediately.

Types of Murder Charges in Oregon include:

• Aggravated Murder
• Murder in the First Degree
• Manslaughter in the First Degree
• Manslaughter in the Second Degree
• Criminally Negligent Homicide
• Aggravated Vehicular Manslaughter

A strong criminal defense attorney will hold the state to its burden of proof. Homicide cases are very complex and often involve the coordination of multiple consultants including licensed investigators and leading experts in the fields of accident reconstruction, ballistics, fingerprint reconstruction, witness experts and psychology.

I regularly handle homicide cases throughout Oregon throughout all stages of litigation. If you are being investigated or charged with homicide in Oregon, contact a proven homicide defense lawyer to start investigating the case and building your defense.

If you are under investigation or facing charges for a sex crime in Oregon, it is critical to secure legal representation immediately.

A person convicted of a sex crime can face penalties other than jail or prison including heavy fines, court mandated registration as a sex offender and a permanent criminal record.

The punishment for these crimes range in severity and are based upon a number of factors including the category of sexual misconduct involved, the age of the victim, and whether the offender was in a position of authority.  These cases can result in lifetime prison sentences.

Sex crime charges include the following:

• Child Pornography
• Child Sex Abuse
• Indecent Exposure
• Internet Sex Crimes
• Prostitution
• Rape, Sodomy, or Unlawful Penetration
• Failure to Register as a Sex Offender
• Sexual Assault
• Solicitation of a Minor
• Statutory Rape

A strong defense attorney will rely on a team of doctors and expert witnesses to defend against allegations.  That attorney will scour the evidence for inconsistencies and, often times, consults with child psychologists who can identify possible sources of contamination in a child’s version of events.  Sex cases, without question, are the most time consuming cases a criminal lawyer can handle.  It is imperative you are represented by someone with the experience and dedication to commit to handling your case the right way.

Sex crime charges are one of the most serious criminal offenses an individual can face. Contact a criminal defense attorney immediately to start reviewing your case and investigating your options.

Drug laws in Oregon are divided into three major categories, ranging from possession, delivery, and manufacturing a controlled substance.

Each offense ranges in severity. In some cases, they can be charged together, carrying a more serious potential penalty.

Possession of a Controlled Substance Possession (PCS)

A person commits this offense if that person knowingly has in his or her custody or control, a controlled substance.  Examples of drug possession include having them on your person, in your belongings, or having residue of the drugs on a pipe, baggie, spoon or needle. Possession of controlled substance in Oregon is punishable as a felony, misdemeanor or violation.  But, just because you got caught holding, doesn’t mean you’ll be convicted.  How the drugs were found can be crucially important.  If, for example, the drugs were found as the result of an unlawful search or seizure, it’s possible that evidence may not be used against you.

Delivery of a Controlled Substance (DCS)

It is illegal to deal controlled substances to another person. Delivery charges could stem from giving, providing or selling drugs to another person and could include fronting a bag of drugs to someone else.  The potential sentences one faces depends, generally, on the quantity involved and the location where the delivery occurred.

Manufacturing a Controlled Substance (MCS)

It is illegal to manufacture – or produce, prepare, or process – drugs in the state of Oregon. Examples include growing certain quantities of marijuana, processing marijuana extract without a license, or making methamphetamine. Many factors affect how someone will be penalized for a drug manufacturing conviction, including the type of drug, amount, the existence of any prior convictions, and whether the manufacturing was taking place on certain protected properties, such as a school.

It is important to understand the severity of the punishments attached to drug crimes in Oregon and it is critical to have a strong drug crime defense. More importantly, it’s important to work with a criminal defense lawyer who has extensive experience in Oregon search and seizure law to test the officer’s conduct and potentially get the case dropped following a successful motion to suppress.

A conviction for a crime of domestic violence can have serious legal consequences. It is imperative that you have a qualified domestic violence defense attorney on your side.

Several crimes, like assault, can be classified as a crime of domestic violence when the accused and victim are family or household members, or if the crime was witnessed by the minor child of either party.  The definition of “family or household members” is very broad and includes:

• Spouses or former spouses
• Adults related by blood or marriage
• Persons who have a child together
• Persons who live or have lived together, or
• Persons who are engaged or were engaged in a sexually intimate relationship.

Any situation involving violence against a family member is thoroughly investigated and vigorously prosecuted in Oregon. A domestic violence conviction can include:

• Prison or Jail
• Fines
• Prohibition to Possess Firearms
• Years of Probation
• Domestic Violence Classes
• Anger Management Classes
• No contact orders that prohibit you from seeing your kids

I have found these cases to be complex.  Often, there is much more than what meets the eye.  Given how serious the potential consequences can be, it is crucial to have a qualified criminal law attorney on your side to protect your rights an help prepare an effective defense.

Post-Conviction Relief + Post Conviction Hearings

If you were unfairly convicted of a crime due to trial errors, you may have grounds to appeal your conviction. Even If you have already lost your appeal, there may still be ways to oppose your conviction through the state post-conviction process or the federal habeas corpus process.

Post-conviction relief (PCR) refers to a specific legal remedy after all appeals are exhausted and can be obtained if you received the inadequate and ineffective assistance of counsel.  In non-legal speak: your attorney messed up and it mattered.  

A PCR petition must be filed within two years of the completion of the petitioner’s direct appeal or the date that the sentencing judgment was entered, or the appellate judgment became effective.  That said, it is generally wiser to file a post-conviction petition within one year from the effective date to preserve your federal habeas timeline in the event the state post-conviction proceeding is unsuccessful.

PCR hearings are open to the public, and most of the evidence consists of written material, including affidavits/declarations, a witness’ sworn statement and other documentary exhibits, such as transcripts from prior court proceedings, depositions or legal memorandums.

All PCR cases are different, but there are generally two possible outcomes:

• The petition for relief is denied (meaning the conviction and sentence are upheld)
• The petition for relief is granted, which could result in release, a new trial, modification of the sentence or other relief deemed just by the court.

The court could make supplementary orders to the relief granted concerning such matters as re-arraignment, retrial, custody and release on security.

I have worked on post-conviction matters ranging from bigamy to aggravated murder. This is a highly specialized area of law and the defense attorney you hire should have a deep bench of experience in appellate and post-conviction law

Federal crimes are crimes defined under federal law by Congress, as opposed to state crimes defined by the Oregon Legislature.

Federal offenses come in a variety of forms, including:

• Tax Fraud
• Drug crimes
• Computer and Internet crimes
• RICO cases and racketeering
• Federal weapons charges
• Conspiracy cases
• Espionage
• Counterfeiting and forgery
• Crimes related to citizenship, immigration and nationality
• Customs crimes
• Mail fraud, bank fraud, and other types of fraud crimes
• Obscenity
• Obstruction of justice or perjury
• Human trafficking
• Terrorism offenses
• Sexually based offenses including sex crimes involving minors
• Homicide

If you are under investigation for federal criminal charges, it is critical to obtain legal representation immediately.

One of the many ways local law enforcement agencies fund their war chests is through a process of what you and I would commonly call “theft.”  When that process is legalized, it’s called “civil forfeiture.”

In Oregon, the government can take anything from you – cash, cars, jewelry, or your home, if they can prove that the item was instrumental in helping someone commit the crime for which that person was convicted.  The government can also initiate a civil forfeiture proceeding if they believe your property was purchased with illegally obtained money (proceeds).

If you have been served with a “Notice of Seizure for Forfeiture” by the government, it is imperative you speak with an experienced attorney who regularly handles civil forfeiture matters throughout Oregon.  Even if you have been convicted of a crime and you may think the government has a good case against the property, it is important to speak with someone who is familiar with that process throughout Oregon courts. There are often strict timelines in which a person must respond in order to retain an interest in the property that the government is trying to take.

One of the benefits of retaining an experienced Oregon civil forfeiture attorney is that, should you win, the government likely will have to reimburse you the reasonable costs of attorney fees.

The term white collar crime usually refers to financial or regulatory crimes, often occurring in a commercial or professional setting.

White collar criminal investigations tend to be incredibly document heavy.  Discovery can often take months to sift through.  That work is necessary, however, because many of these investigations can turn into incredibly long-sentences if the government obtains a conviction.

Examples of white collar criminal cases I have handled include:

• Computer-related offenses
• Internet fraud
• Identity or credit card theft
• Embezzlement
• Forgery
• Mail fraud
• Employee theft
• Welfare fraud
• Money laundering
• Consumer fraud
• Bribery
• Extortion
• Racketeering
• Forgery

Sometimes these allegations can arise during dissolutions of partnerships or disputes between employers and employees. Whatever the circumstances, it is critical to confer with an experienced defense attorney as soon as possible.

With a rise in universal access to technology, there has been a significant increase in cyber and computer crimes.  

These crimes involve using a computer, smart phone or network, come in a variety of forms and can often be related to sexual crimes or white collar crimes.  The law surrounding computer crimes is quickly evolving.  The method and manner of how (or even if) the government can lawfully search or seize your digital data is in constant flux.  It is very important to speak with an attorney who stays ahead of developments in case law and can help strategize even when the road looks bleak.  After all, just because the government’s search may be lawful today, doesn’t mean that it will still be lawful by the time your case is through.  These changes really are coming that quickly.  It’s important to speak with someone before it’s too late.

Common examples of computer crimes include:

• Encouraging Child Sex Abuse
• Luring a Minor
• Using a Child in Display of Sexually Explicit Conduct
• Online Sexual Corruption of a Child
• Promoting Prostitution
• Aggravated Theft
• Identity Theft
• Computer Crimes
• Credit Card Fraud
• Wire Fraud
• Hacking
• Unlawful Dissemination of an Intimate Image
• Child Exploitation and Internet Crimes

Much of what you do on a computer network can be found, even if it is deleted.  The potential consequences on many computer crimes can be extreme.  I often work with a team of experts in digital forensics to aid in these investigations.

If you have been accused of an internet crime in Oregon, or are currently involved in a computer crime investigation, it is vital to contact a criminal defense lawyer that understands technology and the legal technicalities of cybercrime laws to advocate on your behalf.

Your case doesn’t end with a conviction.

There are still many avenues available to help get you or your loved one home.  Often, a crucial step in that process is a direct appeal.

Appellate law is a distinct practice area separate from trial work. The purpose of an appeal is to correct a mistake made by the trial court judge.   Appellate attorneys spend many hours carefully reviewing the trial court file, reading trial transcripts, reviewing exhibits, and researching prior judicial opinions to identify the errors, if any, made by the trial court.

If an appellate attorney identifies one (or more) assignments of error, the attorney then drafts and files an appellate brief identifying all the reasons why the trial court made a mistake in the proceedings and why the litigant is entitled to a remedy.  The appellate process often involves oral argument in front of the appellate court.

I regularly handle appellate matters in both criminal and civil forfeiture cases.  For example, I handled this case where the court got rid of the “automobile exception” to the warrant requirement under Oregon law.

There is a small window for filing an appeal, so it is important to confer with an appellate attorney as soon as possible to review your case and explore your options.

I have handled appeals involving:

• Constitutional Search and Seizure
• Sentencing Challenges
• Evidentiary Challenges
• Vouching Challenges
• Civil Forfeiture

In Oregon, violent crimes are taken very seriously and are among those listed as Measure 11 crimes, all of which carry a mandatory minimum prison sentence with no chance of early release.

Violent crimes are also sometimes referred to as “person crimes” and involve physical harm or the threat of physical harm to another person. For example, if a person shoplifts but then pushes a loss prevention officer on the way out of the store, that conduct could amount to a ”robbery,” a violent crime. You do not necessarily need to engage in violence to be charged with or convicted of a violent felony.

Violent crime accusations can include the following:

• Assault
• Manslaughter
• Kidnapping
• Vehicular manslaughter
• Criminally negligent homicide
• Attempted murder
• Conspiracy to commit murder
• Aggravated murder
• Felony murder
• Sexual assault
• Domestic violence
• Coercion
• Rape
• Robbery
• Sodomy
• Unlawful Sexual Penetration
• Compelling Prostitution

If you have been charged with violent felony or homicide in Oregon, it is extremely important to have a proven criminal defense attorney on your side to assist with your case.

A DUI (driving under the influence) conviction in Oregon can result in serious consequences.

Many accused believe that there are no avenues to fight back against these charges. An experienced Oregon defense attorney can help craft legal defenses that might mitigate or eliminate the charges against you.  

In Oregon, you can be convicted of a DUI if you drive with a blood alcohol concentration (BAC) of .08% or more. A BAC of .15 percent or above can result in a minimum fine of $2,000. 

For most purposes, a DUI is considered a first offense if you haven’t faced charges for drunk driving in the last five years and penalties may include: 

• Minimum of 48-hours in jail or at least 80 hours of community service 
• Minimum $1,000 fine 
• Up to 1-year total in jail 
• A 1-year license suspension
• Court costs, fees and assessments totaling about $400 
• Probation period 

Second-time or third-time offenders will face increasingly severe penalties 

DUI charges are generally resolved through diversion, negotiations or trial. It is critical to hire an experienced defense attorney that can immediately start communicating with the district attorney and judge and begin examining evidence with the support of experts. Zack Stern has extensive experience handling DUI charges and is committed to working toward the best possible outcome for his clients.