Frequently Asked Questions

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I’ve heard that my sentence can be reviewed and changed. Who is eligible and what do I need to do?

Pursuant to SB 819, the Lane County District Attorney’s Office will begin to review requests for sentencing modification on January 1, 2022. The Lane County District Attorney’s Office will only agree to file a joint petition for resentencing under the terms of the Office’s Criteria for Discretionary Resentencing policy.

In order to request a sentencing review, a convicted defendant or his or her attorney must specify the conviction(s) to be reviewed and the desired terms of sentencing modification sought. The request for review must also include: (1) a justification for why the original sentence no longer serves the interests of justice; (2) evidence reflecting the convicted persons age, time served, and/or diminished physical or mental capacity; (3) an admission of facts and expression of contrition; (4) work history; (5) vocational, educational, treatment and infraction history while in custody; (6) any psychological or medical documentation; (7) a release plan demonstrating re-entry readiness; and (8) a statement of support network and plans upon release.

Absent extraordinary circumstances that include newly identified evidence that significantly calls into question the integrity of the evidence upon which defendant was convicted, the Lane County District Attorney’s Office will not consider sentencing modifications for any level of homicide, violent sexual offenses, sexual offense involving abuse, solicitation or unlawful depictions of a child, violent felony convictions, case with defendants that have an extensive violent criminal history, cases where incarceration was imposed after the defendant violated probation on a downward dispositional departure, cases where the defendant benefitted from a significant reduction of charges during negotiations, cases where defendant has not served at least 50% of the original imposed sentence, and cases that involve enhancements for use of a firearm or deadly weapon.

While all submissions for resentencing review will be examined, only the rare and extraordinary case will result in a decision to file a petition for sentencing modification.

For the full policy, see: (/UserFiles/Servers/Server_3585797/File/District%20Attorney/Standards%20for%20Discretionary%20Resentencing.pdf)

The effective date of this policy is January 1, 2022.

I want a Restraining, Stalking or Elderly/Disabled protective order. Will the DA’s office assist with this?

Yes. The Victim Services Protective Order Clinic is at 8:00a.m. Monday thru Friday. You must report to the 2nd Floor Information Booth at the Lane County Courthouse no later than 9:00a.m. You are required to appear before a Judge at 10:00a.m. To obtain more information contact Victim Services Program at 541-682-4523.

I received a subpoena. What do I do?

If you are issued a Criminal Action subpoena, follow the instructions in the box on the upper right corner of the subpoena. If you are served a Grand Jury subpoena, you must appear on the date and time indicated on the subpoena. A subpoena is a Court order and failure to appear may be punished as contempt of court. For further information, please call the number indicated on your subpoena.

What is Grand Jury?

Grand Jury proceedings are confidential. Testimony is given by a witness or victim in a criminal proceeding before the assigned Assistant District Attorney and a group of seven civilian jurors. These jurors are chosen in the same manner that jurors are selected for trial and they determine whether or not the DA’s office has probable cause to believe that a crime has been committed and can be charged.

I am a merchant. Can the DA’s office assist me in collecting bad checks?

Our Check Enforcement Program was discontinued December 23, 2013 due to lack of resources. You may report a bad check to local law enforcement.

I have a complaint against your office. Who do I contact?

Write to the District Attorney, Patty Perlow at the Lane County District Attorney’s office, 125 East 8th Avenue, Room 400, Eugene, OR 97401, or by email at [email protected].

I was denied Social Security because of an old warrant. What can I do?

If there is a warrant for your arrest, contact an attorney for legal advice. The District Attorney cannot provide legal advice. You may also report to the information booth on the second floor of the Lane County Courthouse to appear voluntarily between the hours of 8:00 am and 8:15 am, Monday through Friday.

In court, the judge ordered the defendant to pay restitution to me. So far, I haven’t received anything. What do I do?

Please contact our Victim Services Program at 541-682-4523.

How do I go about getting my record expunged?

http://courts.oregon.gov/Lane/Pages/Forms.aspx (Expungement Instructions) explains the Lane County Circuit Court expungement process and procedures. Additional information and forms:
Expungement Instructions
Oregon State Police Form & Instructions
Motion to Set Aside

Have you received my police report yet?

Contact the District Attorney’s office at 541-682-4261 and provide your police report number to the receptionist.

Can I report a crime to the DA's office?

No. Crimes are referred to our office by police agencies or other law enforcement agencies within our jurisdiction. If you have a crime to report, please call the police agency with jurisdiction of the address where your crime occurred.

Who is my attorney?

Contact Pre-trial services with the Lane County Circuit Court at 541-682-4212.

I need some legal advice or an attorney to represent me. Can the DA provide any help?

No. The DA is the public prosecutor for Lane County and does not provide legal advice or representation for individuals, nor do we make recommendations about private attorneys. For advice or representation, you should contact your own attorney or Lane County Legal Aid and Advocacy Center at 541-485-1017. If you have criminal charges pending, the court will determine at your initial appearance whether or not you qualify for a court appointed attorney.

Can I get a copy of my police report?

Police reports are confidential until the defendant has made the initial appearance on pending charges. Police reports are then available to defense counsel or defendant if defendant is representing himself/herself.

I am the victim of a crime and I want to drop the charges. Can I do this?

The decision to drop charges that have been filed can only be made by a prosecutor with the approval of a judge. Prior to the case being filed, the case is reviewed by a prosecutor and possibly the Grand Jury to determine if there is sufficient probable cause to go forward with the case. The victim’s wishes alone do not dictate whether or not a case will be filed or dismissed.

I am the victim of a crime. Will the DA’s office pay for my medical expenses, lost wages or property damage?

Please contact our Victim Services Program at 541-682-4523 to document restitution in a criminal case or receive information on financial resources that are available.

I am a defendant in a pending criminal matter. Can I call and speak with the District Attorney or the assigned Deputy District Attorney directly?

No. Please contact your attorney. The District Attorney cannot speak to defendants who are represented by counsel, nor can we provide legal advice to the public. If you are representing yourself, you can let the judge know at your next court appearance that you would like to speak to the prosecutor.