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Criminal Charges
MANDATORY APPEARANCE
If you are charged with a crime, then you or your attorney MUST appear at the time and place indicated on the summons (ticket). There are no other options.
FAILURE TO APPEAR
Failure to appear in court at the scheduled time may result in a warrant for your arrest.
COURT APPOINTED ATTORNEY
You may apply for a court appointed attorney. You will be asked to fill out a form stating that you are unable to obtain counsel because of finances. You may download a copy of the form from the Court Forms page. Be sure to bring the completed form with you at your appearance. Please remember that the Court Clerks cannot give legal advise.
CITY PROSECUTOR
City Attorney for Criminal Matters:
Kyndre Lundquist
Fax: 503-650-8938
Email:lundquist@gladstoneoregon.us
All discovery on Gladstone Municipal Court cases is provided by the City Attorney. See below discovery.
ARRAIGNMENTS/PRETRIAL
At the time of arraignment, you will advised of your charges, given your rights and if needed a indigent defense attorney will be provided.
COURT/JURY TRIALS
You have the right to a trial by six person jury. If you waive this right, then you will have a court trial.
WARRANTS
If you fail to appear or fail to comply with court requirements, then a warrant for your arrest may be issued. Bail will be set by the court.
DISCOVERY
If you are requesting discovery: You will need to pay the discovery fee of $20.00 made payable to the Gladstone Police Department. You may not request discovery until after you have been arraigned.
BENCH PROBATION vs FORMAL PROBATION
A bench probation means that you will be under the jurisdiction of the court only. In bench probation the court staff will monitor such things as classes, payment of restitution, fines, fees, etc. Formal probation is handled by a probation officer for the county of residence and requires probation fees.
ADVISE OF RIGHTS
1. You have the right to a court appointed attorney if indigent.
2. You have the right to a trial by jury.
3. You have the right to confront witnesses.
4. You have the right to assist in your defense.
5. You have the right to remain silent.
6. You have the right to be presumed innocent until found guilty.
7. A plea of guilty waives all above rights.
8. You will be advised as to what the maximun penalty is.
9. If you are a non-citizen, you will be advised of the consequences.
10. You will be read the statute you are being charged under.
DUII DIVERSION PROGRAM
The DUII Diversion Program affords eligible persons the opportunity to participate in an alcohol/drug evaluation and education/rehabilitation program in lieu of being convicted of DUII. You may review eligibility requirements and download copies of the required forms from the Court Forms page.
The advantages to entering the DUII Diversion Program are:
- Upon completion of the Diversion Program, there is no DUII conviction entered on your driving record.
- Court costs are considerably lower. The filing fee for participation in the DUII Diversion Program is much less than a fine for conviction.
- If you are convicted, you will still have to enroll in an alcohol/drug treatment program.
- Your license will be suspended for one to three years if you are convicted of DUII. There is no suspension for participation in the DUII Diversion Program.
