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If you are charged with a criminal offense or are a party in a juvenile case, you may be eligible to be represented by an attorney at the state’s expense. a court appointed attorney may be requested in a juvenile dependency (abuse or neglect), termination of parental rights, or juvenile delinquency proceedings. Persons who are involved in a civil proceeding, such as a divorce, personal injury, landlord/tenant or employment cases are not eligible for legal representation at state expense.You must complete an application in person. A $20 application fee and a contribution amount may be assessed depending on your financial ability to pay. The application must be sworn to before the verification clerk. The verification clerk will review your financial information and if you qualify for an attorney, you will be given the information on how to contact the attorney.Fees may be imposed as financial obligations at the time of disposition of your case and regardless of the outcome of your case.
DUII Diversion Forms
The Uniform DUII Diversion Petition and Agreement is your agreement with the court. To have the DUII charge dismissed, you must do all the following:a. Pay to the court the required diversion fees identified in Section 1 of the Summary of DUII Diversion FPay to the court the required diversion fees identified in Section 1 of the Summary of DUII Diversion Fees (DUII Diversion Form 5). If you cannot afford to pay these fees, tell the judge. The court may waive some of the fees or allow you to make payments over time, depending on your financial situation.A defendant allowed into a driving under the influence of intoxicants (DUII) diversion program will be required to pay the fees listed. The defendant must pay the following fees to the court:
The court may waive all or part of these fees if it finds the defendant is indigent. The court may also allow the defendant to pay in installments over time.
The defendant must complete an alcohol and drug abuse assessment. The cost of the assessment is $150. The defendant must pay this fee directly to the agency or organization conducting the assessment. *The defendant must pay for any treatment recommended by the assessment. The cost of treatment varies. The defendant must pay treatment costs directly to the agency or organization providing the treatment. If the defendant is unable to pay, the agency or organization providing the treatment may allow payment in installments over time.The court may order the defendant to attend a victim impact panel and pay a participation fee. The fee can range from $5 to $50. The defendant must pay this fee directly to the panel coordinator on the day of the panel. The court will order the defendant to install an approved ignition interlock device in any vehicle operated by the defendant during the term of the diversion agreement when the defendant has driving privileges.The defendant must pay to the provider installing the device any costs associated with leasing, installing, and maintaining the device, unless the Department of Transportation finds that the defendant is indigent and waives all or part of these fees. The department may also defer the costs or allow payment in installments over time.You must pay the assessment fee directly to the assessment agency. You must also give the agency accurate and truthful information about your use of drugs and alcohol. The agency will recommend a treatment program if the court finds that you need treatment.Comply with state laws that prohibit the use of intoxicants.Do not use any alcohol or other intoxicant during the term of the diversion agreement, except for:
Keep the court advised at all times of your current mailing and residential addresses.Install an approved ignition interlock device in all the vehicles you operate during the term of the diversion agreement when you have driving privileges.
Exhibits filed with the court may or may not be released after the court proceeding in which they are filed. If not released the court must hold the exhibits until all statutory time requirements have been met.
Parties (or their attorney) filing exhibits will be notified when the exhibits are ready to be released. Exhibits may be picked up at the jury window on the first floor of the Jackson County Justice Building, 100 South Oakdale, Medford, Oregon
Listed below is a link to the Oregon State Hospital Evaluation Order Templates for the three most commonly requested evaluation types related to Oregon Revised Statutes (ORS) 161.315, ORS 161.365, and ORS 161.370.
The Victims Impact Panel is a panel of victims of intoxicated drivers, telling their stories to an audience of both mandated (court ordered) individuals and guests. The program is approximately two hours in length.For other class locations outside of Medford, please visit https://www.maddvip.org/
Smullin Center, Main Auditorium2825 Barnett Road, Medford, Oregon(Between Black Oak Drive & Murphy Road; next to Rogue Valley Medical Center)
Please arrive for registration at 6:00 pm.Program begins promptly at 6:30 p.m.No one is admitted after 6:30 p.m.
No admittance or credit for attendancewithout payment of $25.00 cash fee. There isno cost for friends or family members.Children under 10 years of age should not bebrought as a guest. Special Needs/Interpretercall 541.774.6809 No person under the influence ofany type of intoxicant will be admitted.
Only in extreme emergencies (and only once) will a continuance be given. If an emergency arises, please call the Jackson County Court Clerk at 541.776.7171 extension 583
PACKET A: Arrest but no charges or cases ever filed with the Court. There is no filing fee charged by the court for this type of set aside. A new case will need to be filed with civil division of the Circuit Court. The arrest record is listed only on the criminal history record.
PACKET B: Arrested and charged in Court but later the charge(s) were dismissed or acquitted. There is no filing fee charged by the court for this type of set aside. There will be a criminal case number existing in the court records.
Deliver copies of the following forms and fingerprint cards to the District Attorney office at 815 West 10th Street, Medford, OR 97501 - Telephone: 541.774.8181
File the original documents with the Court. Please see our form for setting aside arrest.You must prepare separate documents for each arrest or dismissal.
The DA’s office will forward the fingerprint card (and check) to the State Police Bureau of Criminal Identification. The State Police will use the fingerprint card to make a positive identification of the defendant to determine if you had prior criminal cases set aside/sealed and to determine if you have any outstanding warrants. The fingerprint cards are returned to the DA’s office.
The DA’s office will file an Answer to the motion to set aside/seal with the clerk’s office. The Answer will state either that the DA’s office has no objection to the Motion, or if there is an objection, the Answer will set out the specific reasons for the objection. The DA’s office will provide a copy of the Answer to you or your attorney. The Circuit Court judge will make a decision on your motion. You or your attorney will be mailed a copy of the Order. The Court will distribute copies of the Order to the appropriate agencies who will then comply by sealing their records.
The fingerprint card may be obtained at the Jackson County Sheriff’s Office Monday through Thursday from 9:00 am to 3:00 pm. There is a fee for this service. If you reside outside of Jackson County, please contact your local police agency for a fingerprint card.
Determine if your conviction or record of arrest is eligible to be set aside. Refer to Oregon Revised Statute ORS 137.225
Effective 1/1/2010, traffic related charges that are not convicted will be eligible to be set aside. The exception is a DUII Diversion charge that results in a dismissal is not eligible to be set aside.
You CANNOT be on any form of probation for the CONVICTION that you are requesting to be set aside.
PACKET C: Arrested and convicted in Court of charge(s). A case was filed with the court a conviction entered on the charges.
There is a $265 fee payable to the State of Oregon for filing a request to set aside each record of conviction filed with the Court. This fee is non-refundable. If your motion is denied, the funds will not be returned to you.
Deliver copies of the following documents to the District Attorney office along with your fees and fingerprint cards at 815 West 10th Street, Medford, OR 97501. Telephone: 541.774.8181
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