Legal Question in Criminal Law in Oregon

Misdemeanor sent to grand jury

I was charged with wreckless endangermant after accidently shooting my father with his own gun (We share a home) I was released the same evening on $300.00 bail and went to court last week.

I was given a letter saying I was not required to appear. The DA has sent the case to the Grand Jury. I have a non-violent felony conviction 16 years ago.

My questions.

Why would the DA seek more serious charges?

Is he/she seeking ''felon in posession of a firearm'' charges? (my dads gun!)

The police agreed it was a mistake, and my father concurred. I had no intent to harm him.

What should I expect from the grand jury? Will I be arrested again?

I was told by a lawyer that the GJ may wait to see if my father lives through this at which time they will discontinue thier investigation. This seems far fetched. Is it?

How long will I wait for a GJ decision?

Should I hire a lawyer now?

Please address each question.

Thanks


Asked on 2/27/03, 12:46 am

1 Answer from Attorneys
David DenHartigh Attorney at Law

Re: Misdemeanor sent to grand jury

It is difficult to advise you without knowing more specific facts. You must speak to no one about this including the police. If you have already talked to the police you should refuse to talk with them again and you should ask for a lawyer immediately if they ask to talk with you. If they arrest you, you will be brought before a judge for arraignment within a day or two. Invoke your right to remain silent at all times and refuse to answer any questions!!! The DA is probably seeking a felony indictment from the grand jury. Assault III or Assault II require only recklessness and not intent when a dangerous or deadly weapon is involved. You should retain a lawyer now because a lawyer may be able to negotiate your voluntary surrender or release terms so that you are not rearrested on the felony charge. Feel free to call me, Attorney David DenHartigh, at 503-999-8333. Good luck.

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Answered on 2/27/03, 12:31 pm


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