The District Attorney's Office does not take first reports of crimes, or investigate new criminal activity. All crimes must be reported to the police before a prosecutor can review a case for issuing charges. Please remember that crimes can still be reported long after the crime occurred by contacting a police agency, or by calling the non-emergency reporting line for Multnomah County at (503) 823-3333.

When a crime is first reported to police their job is to get information about what happened and include that in a police report. They may also collect other forms of evidence, such as photographs, recordings or information about other witnesses. Some arrests happen quickly while others take time. Just because an officer doesn't make an arrest immediately does not mean the case cannot move forward and be prosecuted. Cases are usually referred to the District Attorney's Office for review once the police investigation is complete.

If you have reported an incident to police and want an update on the investigation, you may contact the police agency directly. You may also contact the Multnomah County District Attorney's Office directly at (503) 988-3222 to confirm whether or not a case has submitted to the District Attorney's Office for review. When calling the District Attorney's Office it is helpful to have the police report number or DA case number connected to your case so that it can be looked up quickly.

After reporting a crime three things may happen:

1) An investigation is completed, and a suspect is arrested.

2) An initial investigation is completed, but no arrest is made.

3) The investigation may be ongoing or forwarded for further review.

In every case where an arrest is made the District Attorney’s Office will review the police report the next business morning before noon. In many cases it is important that we hear from you before we issue the case. Crime victims have rights in Oregon, and we want to make sure that you are aware of your rights and the next steps in the process. If you know that an arrest has been made, you may want to reach out to the District Attorney’s Office at (503) 988-3222 before 10:00 am so that we can explain the review process and next steps with you.

If an investigation is completed, but no arrest was made the police agency may still send the reports to the District Attorney's Office to be reviewed for charges. This can be a long process which may involve additional investigation.

If you have already reported a crime to law enforcement you can call the District Attorney's Office to ask whether a case has been referred for prosecution. Sometimes, if an investigation is complete, the District Attorney's Office can order the police reports and review for prosecution, even if an arrest has not happened yet.

When a case is reviewed

When a law enforcement agency submits a case to the District Attorney's Office for review a prosecutor reviews the police report to decide if there is enough evidence currently available to prove the possible charges beyond a reasonable doubt in court. This decision is generally based on the information contained in the police report given to the District Attorney's Office and the rules regarding what can be used in court. If a prosecutor does not believe that a criminal charge can be proven beyond a reasonable doubt based on the information provided, the case will not be issued (also called no-complaint or rejected). Often, cases are rejected and returned to the police with a request that police collect more information. You may be contacted by the District Attorney's Office or by police for more information or to clarify the facts of the case.

If criminal charges are issued, the criminal process (described in more detail below) will begin. If no one has been arrested yet, an arrest warrant can still be issued by a judge.

Please note that sometimes if a defendant is contacted by police outside of Oregon they may not be arrested even though they have an outstanding warrant. If you know the location of a defendant with an outstanding warrant you can contact the police to let them know. This may help with making an arrest.

Once the District Attorney's Office files a charging instrument, the prosecution begins. The first step in the prosecution process is called an "arraignment," which is the first court appearance in a criminal case.

Arraignment

Most arraignments happen in the Justice Center, located at 1120 SW 3rd Ave, Portland, on the business day after an arrest has been made. At arraignment the following four things will happen:

The defendant will be informed if they are being charged with a crime and if so, what crimes they are being charged with.

The defendant will be given an attorney, if one has not already been hired.

The court will set the next court date.

The court will make a release decision and set "conditions of release".

Next Court Dates: The next court date depends on the case and the charges alleged. For misdemeanor cases, the court will set a "trial readiness" date at arraignment. The "trial readiness" date is when trial dates will be set. For felony cases, the next date set will be a second arraignment hearing following the grand jury hearing.

Release Decision: At arraignment the court will decide to hold or release a defendant from jail. All defendants who are released are given "conditions of release" by the court. All crime victims in Oregon have a right to make a statement to the court regarding if the defendant should be released and release conditions are ordered. Victims can make a statement to the court in person or by providing a statement to be read by the prosecutor. This statement is a crime victim's opportunity to give their thoughts or concerns regarding release and any safety issues they may have. If a victim wishes to make a statement regarding release at arraignment, they need to contact the District Attorney's Office at (503) 988-3222 prior to 12:00 p.m. on the arraignment date.

Grand Jury (cases with felony charges)

After a felony case is issued, a grand jury hearing typically takes place within five business days. As a victim it is likely you are also a witness and will be subpoenaed to testify at grand jury. Grand jury does not happen in an open court room. Grand jury does not happen in front of a judge. It is held in a small conference room with five to seven jurors and is audio recorded.

Witnesses testify one at a time and cannot be present for or overhear what is said by other witnesses. The defendant and defense attorney will not be present for your testimony at the grand jury hearing. There are rules about what information the grand jury is allowed to consider, the prosecutor will ask you specific questions about what happened during the incident that charges are being considered for. Questions are usually similar to what police already asked during the investigation. You should plan on being at grand jury for about an hour. Your testimony will likely take about twenty minutes but the prosecutor can let you know approximately how long your testimony will take. If you have safety concerns about being in the same space as anyone who may be called as a witness please contact the District Attorney's Office before grand jury. The grand jury will typically vote on what charges to go forward with immediately after the hearing. You may be able to know the results before leaving.

There are several times a defendant may be before the court after a crime is committed, including:

Other Pre-Trial Court Hearings

Depending on the case, there may be other hearings before the court that occur after arraignment and grand jury, but before trial. These other hearings include release hearings (also called bail hearings) and settlement conferences.

Release Hearings (also called Bail Hearings): The purpose of a release hearing is to revisit the first release decision made by the court at arraignment. These hearings can be set by either defense or by the District Attorney's Office. All crime victims have a right to attend these hearings, and have a right to make a statement to the court regarding release and conditions of release.These hearings usually last one hour and take place in the main courthouse located at 1200 SW 1st Ave, Portland, or at the Justice Center located at 1120 SW 3rd Ave, Portland. The exact courtroom and judge for the hearing are usually set the day before the hearing. The defendant, defense attorney, prosecutor, and a judge will be present at these hearings, but there will be no jury. If you wish to be present for or make a statement to the court related to release at this hearing, please contact the District Attorney's Office the day before the hearing at 503-988-3222.

Settlement Conferences: The purpose of a settlement conference is to allow the defendant, defense attorney, and a prosecutor from the District Attorney's Office an opportunity to meet with a judge to discuss the case. The judge in these conferences will not be the trial judge. The judge will listen to all parties and will make suggestions for the possible resolution or outcome of the case via a plea agreement. These suggestions are not binding on any party. Crime victims also have a right to be present at certain parts of these hearings, and may make a statement at the settlement conference. Please contact your advocate or the prosecutor at least a day in advance of the hearing to discuss your participation in the conference. Please note that while many felony cases have a settlement conference, most misdemeanor cases do not.

Plea Negotiations: Prosecutors and defense attorneys engage in plea negotiations in almost every case. These discussions are usually fluid, and may involve multiple back-and-forth communications between the parties.

Usually, the prosecutor will make a pre-trial offer to the defense attorney, or the defense attorney will let the prosecutor know that the defendant would like to resolve the case through a plea and will make an offer. Sometimes offers made are the product of input received at a Settlement Conference (see above).

A plea agreement involves both the District Attorney's Office and the defendant making some compromises. This usually means that the prosecutor will agree to dismiss some of the charges or to have the sentence include less probation or jail time than the defendant might otherwise get if they went to trial. This is in exchange for the defendant admitting that they are guilty or admitting that the prosecutor could prove that they are guilty at trial. The judge usually follows what both sides are asking for, but in the end, the judge decides the sentence and is not bound by the shared recommendations of the parties.

In violent felony cases, crime victims have a right to be notified of plea negotiations and to be informed of plea offers extended to a defendant. It's important for the prosecutor to know if you want to discuss the pre-trial offer or to be informed of or be present at a plea. Even when there are plea negotiations happening, there will almost always still be a trial date that is set while the case is ongoing.

Plea

If the case resolves with a plea, a hearing will be set, and there will not be a trial. Crime victims have a right to be present, and make statements to the court during a plea, but a victim does not need to attend a plea hearing or make a statement unless they want to. Crime victims can submit written statements to the court to be read at a plea hearing, or can ask to appear by phone.

Scheduling Trial

Subpoenas are given to anyone who will be testifying in the trial. It is common for trial dates to change several times. It is important to call the District Attorney's Office and let them know if you have dates you are unavailable. It is also important for anyone subpoenaed to call the business day before trial to see if trial date has changed or been canceled. If you are expected to testify and do not receive a phone call from the District Attorney's Office before the trial, please call the phone number on the subpoena to verify if the trial is still going forward.

The trial date can change for many reasons, including availability of witnesses. It's important for the District Attorney's Office to know that you are available for the current trial date as well as your availability for future trial dates if the trial date is changed. Please call the number on the subpoena to confirm your availability for each trial setting. If you don't have that number you can call (503) 988-3222.

You can also check online after 6pm to see what trials are scheduled for the following day. This MCDA Online Docket displays scheduling information for pending cases for the next court day. If a case has been delayed (set-over) and the new date is known, that date will be displayed in the "Additional Information" column. In the column at the far right, contact information for the subpoena clerk in the unit handling the case is shown. If you have any questions or concerns about the case, please call that phone number during business hours. If you call after business hours please leave a message.

Trial

The prosecutor and advocate (if one is assigned) will meet with you before the trial starts to talk about your testimony and answer questions that you have. In many cases you will have met the prosecutor and have already discussed the case with them. You can request to meet with them before the day of trial.

A trial will happen in a courtroom that is open to the public. The defendant will be present for the whole trial and in nearly all cases, will have a defense attorney with them. In most situations crime victims will also be a witness and be subpoenaed to testify. Witnesses are usually kept out of the courtroom until they have testified. This is so their testimony isn't influenced by hearing the trial or what other witnesses said. Crime victims have a right to be present inside the courtroom for the whole trial process, even if they are also a witness in the case.

Jury Selection: The defendant has the right to decide if they would like to have their case presented to, and verdict determined by, a jury. They may also elect to have their case directly presented to a judge, in the absence of a jury. If a defendant decides to have a jury trial, the attorneys will select a jury before any witnesses are called to testify. The jury selection process can take several hours. If a defendant elects to have a "bench trial" there will be no jury selection.

Opening Statements: After jury selection is complete, the lawyers will begin with opening statements. This is where the prosecutor and defense attorney will each have a chance to briefly tell the judge or jury what they expect the evidence to be in trial.

Evidence: After opening statements, the prosecutor will present evidence to the judge or jury. Evidence includes witness testimony. The defense will then present any evidence they may have to the judge or jury; although they are not required to present any evidence at all. There are many rules that prevent the parties from presenting certain kinds of evidence at trial. If the judge or prosecutor tells you that you cannot talk about certain things in your testimony, you must follow those rules or the judge can discontinue the trial and the whole case must be presented again.

Closing Statements: At the end of all evidence and testimony, both the prosecutor and defense attorney will present arguments to the judge or jury. These are called closing statements, and this is the last phase of a trial.

Sentencing

Sentencing is the last phase of a criminal prosecution. Sentencing happens after:

1) a defendant enters a guilty or no contest plea, or

2) a judge or jury finds a defendant guilty after trial.

Sentencing may occur immediately following a plea or guilty finding or can be set days, weeks or even months later.

At sentencing the judge decides the defendant's formal sentence and conditions of supervision if a defendant is sentenced to probation. All crime victims have a right to be present and make a statement at sentencing. Victims can make a verbal statement or provide a statement in writing. The prosecutor can read your statement or provide it to the court; a victim's rights attorney can read your statement or you can select another person, such as a friend or family member to read your statement. Please be sure to call the District Attorney's Office the day before a sentencing hearing if you wish to attend and/or make a statement.

What sentence will a defendant receive?

The sentence ordered by the court will depend on the crimes, the facts of the case, and the criminal history of the defendant. Sentencing in Oregon is guided by many laws and administrative rules. Certain defendants may also be able to enter special programs depending on their offenses and criminal history. The laws controlling sentencing are complex. Please contact the prosecutor assigned to your case for more specific information about sentencing and the sentence a defendant is likely to receive from the court.

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