By WILLIAM FRANCIS
What Booking Is
Booking is a process in which a person goes to a jail, gets photographed and fingerprinted, and is assigned a "state identification number."
Usually, the police move on after an arrest. Booking often doesn't happen until after a person's first court appearance.
When a person comes to court for a first appearance (the arraignment), the judge will direct the person to go the the clerk's window and sign a "release agreement," and to go then to the Jackson County Jail to be "processed."
Police almost never arrest or hold the people who come to the jail for booking. As soon as they have their pictures and fingerprints done, they go on their way.
How It's Done
To be "booked," or "processed," a person who has been cited for a crime and released without being taken to the jail will have to report to the court and sign a release agreement after being arraigned on a criminal charge.
The release agreement is a promise to appear in court at the next hearing date, and an instruction to report to the jail.
At the jail, a deputy takes pictures and fingerprints. A "state identification number" is assigned. The "process" generally takes a couple of hours.
How It Isn't Done
Anybody who grew up watching television will think they know what is supposed to happen when a person gets arrested for DUI. The police make a traffic stop. Then there is a flash of blinding light, and when the picture resolves, we see a mugshot of some hapless individual, holding up a sign with jail numbers.
Arrest and booking procedures have changed in Oregon.
Unless the police decide (or are required otherwise) to put someone in jail, a person who is arrested and taken into custody often won't get booked after an arrest. In many cases, the police leave the arrested person in the custody of a private "detoxification facility." Police also have the discretion to release a driver cited for DUI to a responsible sober person. There are some nice police who give some of their newly-minted defendants a ride home. One way or another, most drivers who are arrested are not taken to jail and are released without being "booked."
To get booked in Jackson County, you have to go to the Jackson County Jail. If you are out of custody, you will have to go see the court clerk at the Jackson County Justice Building and sign a release agreement before you go to the jail.
Why It's Done
A law went into effect in 2016 puts the responsibility for booking DUI defendants on Oregon's courts and sheriffs' offices rather than the police who make the arrest. Somehow, it seems the police have gotten judges to do part of their job for them. The sponsor of this legislation, a Multnomah County judge, told me before this measure was enacted that he was interested in tracking the success rates and the recidivism rates of persons enrolled in various DUI treatment programs. He wanted these State Identification Numbers assigned for this purpose. In the meantime, however, the courts seem to have elevated the importance of the booking statutes to a strict, new level of data collection and compliance.
It is unknown to me if any data is being compiled locally that has something to do with the stated intent of this law, which was to collect data on the success of various local treatment programs.
The Official Oregon Booking Statute:
ORS 813.017 Arraignment; booking. When a person is arraigned on a charge of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall ensure that the defendant submits to booking, if the person has not already been booked on that charge.
The courts have viewed their role in the booking process seriously. When a defendant comes to court the first time, the judge will tell the person to report to clerk's window and then the jail. There are clerks assigned to keep track of defendants who haven't been booked. If a defendant returns to court for a second appearance and hasn't been booked, the judges don't like it.
A person who needs to be booked will present a release agreement to the deputy at the jail window. Another deputy will take photographs and fingerprints. A "State Identification Number" will be assigned. This number and the information associated with it will be stored on federal and state law enforcement databases.
Many persons who are arrested for DUI resist the court's directions to get photographed, because they don't want their pictures on a mugshot website. On these websites, the photographs that are taken at the jail, and the charges filed against a criminal defendant, are public record. Deputies and court clerks have been trained to make it a priority to enter this information into government databases.
Additionally, the Jackson County Jail posts photographs of its inmates on the county website. These images go up immediately when an inmate is taken into custody. These photos are taken down almost immediately when a person is released from jail.
However, it is generally impossible to remove or delete images and files from data-gathering sites. Information and photographs posted on a particular public mugshot website may be removed with the agreement of the mugshot website operator.
The process of having a mugshot removed from a website (and the price of this "service") change frequently. There is virtually always a "fee" for having a mugshot removed from these sites. Recently, mugshot sites have posted links to one or another "mugshot removal" site. Proceed with caution. These cost money.
As you already know, once your mugshot is taken by a law enforcement agency, or has been posted online, it will be available on some server cache, somewhere, forever.
You Can Talk to Me
As you have gathered, there's usually not a lot I can do about the booking process or the mugshot situation. On the other hand, if you have been arrested or charged with a criminal offense, there is absolutely no rational reason to not discuss your case with a qualified, experienced legal specialist who can help you resolve your legal problems.
If you are being investigated or prosecuted in a criminal or DUI matter, you're welcome to call my office, at 541 773-4000. Lines are live from 5 a.m. to 6 p.m.
By WILLIAM FRANCIS
If you have not ben convicted of DUI or participated in a diversion program within the previous 15 years, these are the typical penalties for a first conviction of DUI:
A DUI charge is a Class A misdemeanor, which means conviction carries a possible sentence of up to a year in jail and a fine of $6,250. In practically all DUI cases, the sentence is much less extreme, with a standard two-day jail sentence and a fine of $1,000 for a first conviction.
If there is a conviction on a first DUI and a blood alcohol content was .15 percent or more, the fine increases.
Penalties Increase for Second DUI ConvictionIf you already have a DUI on your record, penalties increase for each subsequent conviction. These are the typical penalties for a second DUI conviction:
Like any other Class A misdemeanor, Oregon statutes provide that a first or second DUI conviction has a maximum penalty of up to one year in jail and a fine of $6,250.
Felony DUI: If a person is arrested for DUI with two prior DUI convictions, there is a high level of probability that the person will be indicted by a Grant Jury and charged with Felony DUI.
On conviction for Felony DUI, a Judge is required to sentence a Defendant under a law known as Measure 73.
The minimum sentences on conviction for Felony DUI is 60 days. Generally a fine and other Court assessments will total $2,500 or more. Additionally, a third conviction for DUI will result in the following penalties:
If a third DUI is charged as a Class C felony, Oregon law provides that conviction on this offense carries a maximum penalty of up to five years in prison and a fine of $125,000. A minimum sentence of 90 days is generally imposed on conviction for a first felony conviction for DUI.
By WILLIAM FRANCIS
If you were arrested for DUI, you know how it feels to be handcuffed, searched and transported to a detention facility. It's understandable you are concerned that a judge will sentence you to jail time.
If you enter a diversion program, no jail is ordered, provided you meet the requirements of the diversion program. If you are convicted of DUI, a judge is required by law to sentence you to a minimum of 48 hours in jail, but a typical jail sentence on a first conviction is 10 to 30 days.
The sentence on conviction of a second DUI generally is 45 to 90 days.
A third DUI may be charged as a felony and there is a mandatory 90-day sentence on conviction.
Oregon statutes provide that the maximum jail sentence for a DUI is one year.
However, practically no one goes to jail to serve their sentence.
This is because the court and the community justice office, in cooperation with the sheriff's office, have a program in place that allows persons who have been sentenced to jail to serve their time at home.
When a defendant is sentenced, the court generally sets a date to report to the jail. But the court allows enough time to apply for home detention at the community justice office.
The home detention program lets persons who have been sentenced to jail to continue to go to work.
Applicants for home detention agree to wear an ankle bracelet that's worn continuously during the period of home detention. There's a $30 application fee and the cost of the program is $30 a day.
In some cases, a defendant opts to do jail time rather than home detention. Some elect to go to jail because they expect to be transferred to the Work Center in Talent, where they are housed in better conditions and given the chance to earn an early release in exchange for work.
However, the options get narrower with a third or subsequent DUI. A felony DUI conviction carries a minimum sentence of 90 days.
At this level, judges may be inclined to order a defendant remanded into custody immediately after conviction.
In DUI cases where there has been a prior diversion or a conviction, there is no risk of additional jail time being ordered if a defendant decides to take the case to trial.
By WILLIAM FRANCIS
Oregon laws define an "offense" as conduct that a Court can punish by imprisonment or a fine.
An offense is either a crime, or a violation.
A crime is either a felony or a misdemeanor.
If a crime is a felony there is a maximum term of imprisonment of more than one year.
Felonies are classified as Class A felonies; Class B felonies; Class C felonies; and unclassified felonies. The maximum prison term for a felony is 20 years for a Class A felony, 10 years for a Class B felony and 5 years for a Class C felony. The maximum fines for felonies are $500,000 for murder or aggravated murder, $375,000 for a Class A felony, $250,000 for a Class B felony, and $125,000 for a Class C felony.
Misdemeanors are less serious than felonies. Misdemeanors carry a maximum sentence of one year or less.
Misdemeanors are classified as Class A misdemeanors, Class B misdemeanors, Class C misdemeanors, and unclassified misdemeanors.
Maximum sentences for misdemeanors are 1 year for a Class A misdemeanor, 6 months for a Class B misdemeanor, and 30 days for a Class C misdemeanor.
Maximum fines are $6,250 for a Class A misdemeanor, $2,500 for a Class B misdemeanor, and $1,250 for a Class C misdemeanor.