INFORMATION FOR CLIENTS

Everything you talk about with your attorney (and the people who work in their office) is confidential. Anything you talk about with friends, family, or even strangers is not confidential and can be used against you. They can be subpoenaed by the state and forced to testify in court about conversations you had regarding your case. Please be honest with your attorney. It is their job to help you, but they can only do that if you provide all the necessary information. If at any point during your case the police or DHS ask to speak with you, you should tell them you are not going to speak to them without an attorney present, stop talking, and then promptly notify your attorney about the attempted contact.

Release agreements and no contact orders

If you were taken into custody, you are probably on a “release agreement.” It is very important that you follow the conditions of that agreement. If you don’t, the court can issue a warrant for your arrest and take you back into custody. If you lose your release agreement, or don’t understand the conditions in it, you should contact your attorney to get a new copy of that agreement and discuss those conditions.

If you are charged with a crime against another person, there may be a no contact order or a restraining order that prevents you from contacting that person and/or their immediate family directly, electronically, through the phone, or through a third person. It is very important that you understand the terms of that order and follow that order. If you violate that order, you can be arrested and face additional charges. If you have questions about that order, you should contact your attorney.

Communication

Please keep in good contact with your attorney. You can call Public Defender Services of Lane County (541-484-2611) and ask to speak with your attorney. If they do not answer, leave a voicemail with your name and contact information. If you do not have a phone, you can stop by the office in person to leave a message with your attorney to schedule a meeting. If you get a new number, address, or email, it is important to notify our office, so we have the best information to contact you. We know this process and having a pending charge is extremely stressful, but avoiding your attorney and your case will make it more difficult for us to help you achieve your desired outcome.

Your attorney’s job

It is your attorney’s job to explain to you the charges you are facing and what options you have going forward. Your options are dependent on several factors, including (1) your current charges, (2) the evidence in your case, and (3) your criminal history. Your attorney cannot help you with civil matters like child custody, evictions, or filing charges against someone else. Your attorney can give you information on how to find an attorney that specializes in these actions.

What to expect

The legal process takes time, and that can be frustrating. It is not unusual for cases to last months or even years before a resolution is reached. It is important that you do not get charged with any new crimes while your case is pending. While you are waiting for your case to progress you can do a few things that will help you out in the long run. For example:

• You can save money in the event that you have court fees or restitution to pay later on.
• You can start treatment for alcohol, substances, mental health, or anger management if you feel you need help or if your case is related to these behaviors.
• Work on obtaining and keeping stable housing, employment, and support systems.
• Stay in good contact with your attorney and make sure they have information about any additional witnesses or evidence that could help with your case.

Court dates

You will likely have three or more court dates before your case is completed. It is important you are present and early for these court dates. The security line to enter the courthouse can be long (especially on Monday mornings) so account for at least 15 minutes extra travel time. If you are miss a court date, the court will issue a warrant for your arrest. If you can make it into court a half hour late, an hour late, or even a few hours late, you should still show up.

In certain cases, the court can cancel the warrant for your arrest. If you are going to be late or can’t make it to court, call your attorney as soon as possible. Even if they don’t answer, leave a voicemail and explain why you can’t make it. If your attorney doesn’t answer the phone, you should also call the court at (541) 682-4020. If you are not present for a court date the prosecutor can charge you with Failure to Appear. Missing court will make it more difficult for your attorney to negotiate a better deal for you. A Failure to Appear on your record can also make it more difficult and expensive for you to be released from jail if you get arrested again (even years later).

Court etiquette

The way you present yourself to the court can impact your case. You may not be in front of the same judge every time, but judges will recognize people and take note of behaviors and attitudes. Here are some tips to let the court know you are taking this seriously:

• Before Court
  • If you can, dress as if you were going to church or a job interview. That means no shirts with logos, jeans with noticeable holes, or hats. If you have a limited wardrobe, go for a plain black or white t-shirt and the nicest pants you have. If you have work right before or after court, you can still bring a nice shirt to change into for court.
  • If you are going to trial, talk to your attorney about borrowing dress clothes from our office closet.
• In Court
  • Turn your phone off.
  • Address the judge as “Your honor.”
  • When your name is called, stand up. If your attorney walks to counsel table you should follow them.
  • While you are at the table pay close attention. If you have something you need to tell your attorney, pass them a note or tap them on the shoulder. If you have questions, ask your attorney rather than the judge.

Your decisions

There are three decisions you must make yourself. It is important you make these decisions yourself because you will have to face the consequences.

You must decide whether to plead guilty or not.

• • Your attorney either entered a not guilty plea, a denial, or no plea at your first court appearance. They do that so that all of your rights are preserved at your first appearance.
  • Offers from the District Attorney can provide lesser consequences in exchange for a guilty plea. If you do not like the offer provided or want to maintain your innocence, you can ask your attorney to negotiate something different for you, or you can go to trial.
• If you decide you want to go to trial, you must decide whether you want a jury trial or a bench trial.
  • The question is whether you want a jury of your peers or a judge to listen to the evidence and decide if you are found guilty or not guilty.
• If you decide to go to trial, you must decide whether to testify or retain your right to remain silent.
  • If you decide to testify in your trial the District Attorney can ask you questions you might not want to answer. If you want to testify in your case, you should have detailed conversations with your attorney about how to do so in a way that is best for your case. 
  • It is often (but not always) recommended that you retain your right to remain silent. There are ways for your attorney to say what you want to say without exposing you to the District Attorney’s questions. If you remain silent during your trial the District Attorney cannot imply you are doing so because you are hiding incriminating