Ballot Measure 11, which was passed in Oregon in 1994, provides unflinching standard punitive measures (mandatory minimum sentences) for serious violent crimes and sex offenses. If you are convicted of a Ballot Measure 11 felony, you receive an absolute sentence that no judge can reduce, even with special circumstances. People convicted of these crimes are not eligible for parole or time off their sentences for good behavior. Under this measure, defendants 15 years and older must be tried as adults for these crimes. Anyone accused of a Ballot Measure 11 crime needs immediate legal support.
Ballot Measure 11 felonies include:
- Arson 1
- Assault 1 & 2
- Attempted Aggravated Murder
- Attempted Murder
- Conspiracy to Commit Aggravated Murder
- Conspiracy to Commit Murder
- Compelling Prostitution
- Kidnapping 1 & 2
- Manslaughter 1 & 2
- Rape 1 & 2
- Robbery 1 & 2
- Sexual Abuse 1
- Sodomy 1 & 2
- Unlawful Sexual Penetration 1 & 2
- Using a Child in a Display of Sexually Explicit Conduct
Ballot Measure 11 cases are difficult to negotiate. The measure essentially transferred all control and power in these cases to the DA’s office, because only that office has the ability to take a case out of BM11. Negotiation then becomes critically important in BM11 cases, because a loss at trial results in an absolute sentence. The shortest BM11 sentence is 70 months, and most sentences are between 100 and 300 months. The risk of proceeding to trial for a BM11 offense, even with a very good case, is extraordinary. With the potential loss of liberty involved in this type of case, you will need an attorney with significant experience in this area to protect your rights at trial, get your case dismissed outright, or get your charges reduced to a lesser crime. Mr. Silver has been practicing law since BM11 was enacted, and has a significant amount of experience and success in this area. With BM11 crimes, parties often engage in a settlement conference to see if the case can be settled short of a trial. However, a person charged with a BM11 crime is not allowed to meet with the DA’s committee that determines what plea offer is provided. As an attorney experienced in BM11 cases, Mr. Silver knows what factual info, evaluations, and physical evidence to provide to the DA’s BM11 committee in order to obtain a reasonable plea offer. He is also very familiar with the general range of offers for different BM11 cases and thus knows what to expect, what to demand, and what the aggravating and mitigating factors might be.
If you or a loved one is accused or implicated in a Ballot Measure 11 crime, contact Mr. Silver right away for a free phone consultation. An experienced criminal defense attorney can fight for your liberty.