Kent Hickam, P.C.Attorney at Law · AlbanyOffice541-928-9304

Criminal Defense in Albany, Oregon

541-928-9304Calls only, no text messages

Misdemeanors and felonies, DUII to Measure 11, probation violations, from an Albany trial lawyer in practice since 1980.

We handle all misdemeanor and felony cases, from Driving Under the Influence of Intoxicants (DUII) to “Measure 11” offenses carrying mandatory minimum prison sentences. Any criminal charge should be taken seriously, and our office provides a strong, effective defense no matter what the charge.

Where plea negotiations may lead to a better outcome, such as alternative sentencing, we will advise you on your options and help you make the best decision in your particular case.

Our criminal law practice also includes post-conviction matters such as probation violations. A probation violation can result in harsh penalties that were otherwise avoided in the original proceeding and should be as vigorously defended as any other criminal law matter.

How a criminal case moves in Oregon

Most charges filed in Albany are heard in Linn County Circuit Court on 4th Avenue; Corvallis cases go to Benton County Circuit Court. The steps below are the usual path. Deadlines start early, so call before your first court date if you can.

  1. Arrest or citation, then a first appearance

    Your citation or release papers name a date for your first appearance (arraignment) in circuit court. That is where the charge is read and conditions of release are set. Bring the paperwork you were given.

  2. DUII: diversion is time-limited

    In Oregon, DUII is a Class A misdemeanor (a felony after three prior DUII convictions in ten years). Many first-time defendants qualify for a one-year diversion program, after which the charge is dismissed.

    The diversion petition must be filed within 30 days after your first appearance. Eligibility excludes, among others, anyone with a DUII conviction or diversion in the previous 15 years, commercial driving privileges, or a crash that injured someone else. The filing fee is $490, plus screening and treatment costs.

    ORS 813.010, 813.210, 813.215, 813.230, 813.240

  3. Measure 11 charges carry mandatory minimums

    Certain serious felonies carry mandatory prison terms that cannot be reduced: for example 70 months for second-degree assault or robbery, and 90 months for first-degree assault or robbery. How a case is charged and negotiated matters enormously.

    ORS 137.700

  4. Negotiation, alternatives, or trial

    Where plea negotiations may lead to a better outcome, such as alternative sentencing, we advise you on your options and help you make the best decision. Where they won’t, the case is tried before a judge or a jury.

  5. After sentencing: probation

    A probation violation can bring penalties the original case avoided. Allegations are heard in court and should be defended as vigorously as the original charge.

General information about Oregon law (Oregon Revised Statutes, 2025 edition), not legal advice for your situation. Laws and amounts change; call to talk about your case.

Criminal Defense: common questions

I was arrested for DUII. Is it too late for diversion?

The petition is due within 30 days after your first court appearance, and it cannot be filed after a guilty or no-contest plea or once trial has started (ORS 813.210). Call promptly so there is time to look at eligibility.

What is a “Measure 11” offense?

Measure 11, passed by Oregon voters in 1994, set mandatory minimum prison sentences for a list of serious felonies, now in ORS 137.700. Those sentences cannot be reduced for good behavior, which is why early defense work matters.

Do you handle probation violations?

Yes. Post-conviction matters such as probation violations are part of our criminal practice.

Call the office. Suite 210, upstairs at Broadalbin and 3rd.

541-928-9304

Our telephone does NOT accept text messages

250 Broadalbin Street S.W., Suite 210
Albany, OR 97321

Monday – Friday, 8:30 a.m. – noon and 1:00 – 5:00 p.m.

The two-story tan brick Two Rivers Market building at the corner of Broadalbin and 3rd in downtown Albany, with navy awnings over the ground-floor shops.
The Two Rivers Market building, 250 Broadalbin St. S.W. Photo: M.O. Stevens, 2009, public domain (Wikimedia Commons).