What Do We Do
We are appointed by a court to represent youth accused of committing a crime.

Cottage Street Youth Law provides publicly appointed legal representation to Youth accused of having committed a crime. These Youth have a right to an attorney, as any criminal defendant under the U.S. and Oregon Constitutions. We can be appointed to represent a Youth either before they are actually charged with a crime however most of the time, the appointment occurs at the first court hearing for the Youth. 

When appointed to a Youth, the attorney is appointed to the Youth, and owes to the Youth, the duties of loyalty, confidentiality, zealous advocacy, and all other ethically required duties. 

Upon receiving the appointment, if the Youth is in custody, we typically will immediately work towards the release of the Youth out of the juvenile detention center. If the Youth is not in custody at the time of their first hearing, we will provide immediate advice based on the situation and begin the process of investigating the matter. 

Juvenile Delinquency cases are very fact dependent matters and can vary widely in outcomes. Each Youth is an individual and each case is very different. Each family has different resources and home situations. We respect those differences and do all we can to meet the needs of the client, their family, and the case. 

The representation of the Youth involves, hiring an investigator, legal analysis of the issues, advising the client, describing the collateral consequences of a delinquency case, providing evaluations of the Youth if necessary, hiring expert witnesses, reviewing the discovery of the state with the Youth, working with the family, advocating for the Youth in court, and much more. 

Litigation and Defense
We endeavor to provide Youth with a robust defense at all stages of litigating the case, from reviewing discovery with the client, to adjudication.

In defending a legal case, the Youth has rights and has various protections. The first of which is the right to an Attorney if they cannot afford one. Typically when there is an allegation that the Youth has violated the law, the court which presides over the issue will immediately appoint an attorney. Our job starts at the time of appointment. 

Providing a robust defense for the Youth starts with working with the Youth, the family, an investigator, and any witnesses to find all of the relevant information. The Youth has the right to an adjudication, in an adult case, we call that a trial. At the adjudication, the Youth has a judge which will listen to the relevant facts provided by witnesses and exhibits. The Youth also has a right to call their own witnesses and provide their own exhibits. As the attorney for the Youth, we have the right to subpoena witnesses to compel their testimony. The Youth has the right through their attorney to question the witnesses opposing them, object to evidence, attempt to have certain evidence excluded, and make arguments to the court at the end of the adjudication. All of this is a part of providing the Youth with their right to an attorney. 

After reviewing the evidence, performing an investigation, and advising the Youth about their legal avenues; often the Youth will be presented with a settlement offer by the District Attorney (the state or prosecuting attorney). Sometimes it may even be a decision arrived at by the Youth after discussing their recourse with their attorney. We will review the settlement offer, what it would mean for the Youth, and discuss their decision. Most of the time, those settlement offers involve some kind of admission by the Youth to having violated the law. Sometimes an admission by the Youth involves admitting to a crime that they have already been charged with, sometimes the admission can be to a crime that is not already charged. In adult court, and in society generally, people think of this sort of an arrangement as a “plea deal.” In juvenile court the results are different and the impacts are different but the framework of how to think of a settlement is similar. A Youth does not need to admit to anything, and a part of their rights in court is the right to remain silent; making an admission is a big decision. If the decision of the Youth is to make a decision, not only their attorney but also the judge will review the decision with them to make sure the admission is made knowingly, intelligently, with the advice of their attorney, and voluntarily.

After the litigation phase of the case, the Youth also has the right to an appeal should the Youth disagree with some legal decision by the trial court. As a part of the Youth’s representation, we advise the Youth on those appeal rights and how to take advantage of them. The Youth is also afforded an appellate attorney should it become necessary during the representation. 

It takes a lot to litigate a juvenile case. We are prepared to do that work and endeavor to provide the best possible legal service to afford the client options. And in the state of Oregon, the Youth is entitled to an attorney through the end of their involvement with the juvenile justice system. We provide that full representation as a part of our court appointed work.

Probation
We represent a Youth whether their charges are dismissed in full or they have to deal with some sort of consequence like probation or sex offender registration.

After an adjudication or an admission to an offense, most cases will end with a disposition that involves probation. In juvenile court, disposition is a big word for “what will happen to the Youth because of the crime.” In the state of Oregon, courts, juvenile departments, the Oregon Youth Authority, and other stakeholders attempt to make juvenile court involved Youth rehabilitated. The entire system is trying to provide support and structure to the Youth in order to rehabilitate them from having future contact either in the juvenile or adult criminal systems. Probation is usually the vehicle that delivers those services and supports.

Probation can have many rules. Juvenile courts have very broad authority over the Youth if the Youth is “found to be under the jurisdiction of the court.” That phrase means that the court has the authority and power to make orders to the Youth and their family. As a part of the representation we provide, the Youth has the opportunity to be heard when it comes to orders made by the court. The Youth has the right to object to services or requirements that the judge makes. The Youth has a right to have a hearing, to call witnesses, provide exhibits, and present arguments about why the proposed probation is appropriate or not.

Once on probation, the Youth will work with either their local county juvenile department or the Oregon Youth Authority. While on probation, they will be ordered by the court to follow many rules. As a part of our work, we assist the Youth in understanding their probation to the fullest extent possible before their probation begins. We will review word-for-word the rules of probation, discuss how it impacts the Youth, and provide advice on how to address violations of the rules. We will also do our best to answer any questions the family may have but oftentimes, those questions will be answered by the juvenile department or the court. 

After being on probation, the Youth may violate the rules of probation. If the juvenile department alleges that the Youth has violated their probation, the Youth has a right to a public hearing regarding the violation. Again, the Youth has many rights similar to the original adjudication that brought them into probation in the first place. The Youth also has the right to make an admission to the alleged probation violation. A part of our practice is to treat the probation violation like a new case, we investigate, review the evidence, discuss legal avenues for the Youth, answer questions, and advise in order to help the Youth come to a decision on how they would like to handle the violation. 

Again, there are many issues that can arise while a Youth is on probation, we do everything we can to prevent problems. Sometimes, Youth can have new charges, probation violations, Oregon Department of Human Services involvement, trouble at school, difficulties in the home, and much more. We are here to help as much as possible to mitigate the issues and advise the Youth to reduce their exposure to further legal issues.

In some cases, the provisions of the local county level juvenile department are simply not enough. Problems can arise around continued violations of the law or probation. Other difficulties can arise when a Youth has issues staying in their placement. It is possible that due to whatever problem or combination of problems, the Oregon Youth Authority becomes involved in the Youth’s case. The local county level juvenile department is a probation supervising authority. The Oregon Youth Authority is an Oregon statewide probation supervision agency. The Youth, again, has the right to have a hearing on whether they should be committed to the Oregon Youth Authority. As a part of our representation, we assist with these kinds of hearings too. 

Whether the Youth has a smooth or rocky experience on probation, it comes to an end in some way. At that point, most Youth, depending on the crime, have the right to petition the juvenile court to request an expungement, a set aside, or a reduction of the original charge to a lesser offense. This is also a part of the Youth’s right to an attorney and as a publicly appointed attorney, we perform this work too. 

Expungement
Often, a Youth is eligible for expungement of their juvenile record. Expungement means to have all records of the arrest, adjudication, and probation to be destroyed. As a part of the state of Oregon’s public defense representation, we assist a client at this phase of their case.

In order to qualify for expunction, the Youth must meet certain criteria. As a part of our representation, we track these criteria and attempt to notify the Youth when their time for expunction has arrived. However, it is on the Youth to stay in touch with their attorney. Expunction can happen at multiple stages of the case, it all depends on the legal outcomes and how the Youth performs on probation. 

The Youth may qualify for automatic expunction under certain circumstances that have recently been established by the Oregon Legislature. This process is happening already and the Youth does not need to take any action.

The Youth is often qualified for expunction if they were NEVER found within the jurisdiction of the juvenile court AND meets all five of the following criteria:

1. They are at least 18 years old.
2. There is no pending petition in juvenile court that alleges criminal conduct.
3. The Youth was not waived into adult criminal court.
4. The Youth does not have an open referral to the juvenile department for a case by informal means.
5. The Youth did not have contact with the juvenile department resulting in a conviction under ORS 137.707

A Youth can also be eligible for expunction if they meet all five of the following criteria:

1. At least five years have passed since their most recent termination of probation.
2. Since termination of probation, the Youth has not been convicted of a felony or a Class A Misdemeanor.
3. The Youth is not the subject of a pending proceeding in juvenile or adult criminal court.
4. The Youth is not the subject of a pending police criminal investigation.

A Youth is also eligible for expunction if the meet all four of the following criteria:

1. The Youth was adjudicated for a crime involving possession, delivery, or manufacturing marijuana.
2. The Youth has had at least one year pass since their most recent termination of probation.
3. The Youth has not been adjudicated for any other offense.
4. The Youth has complied with and performed all conditions of the adjudication.

A Youth can also be eligible for expunction if the following criteria are met:

1. The Youth was referred for a prostitution related offense AND;
2. The Youth was younger than age 18 at the time.
3. The request for expunction only applies to the part of the record that involves a charge, allegation, or adjudication of prostitution.

Finally, a Youth can apply for expunction if they are able to prove to the court that expungement of their record is in the best interests of both themselves and the public. As a part of public appointment, we are here to assist in navigating the issues of expungement, reduction, or a set aside.