DEFENSE OF OREGON HEALTH CARE PROFESSIONALS
Oregon Criminal Defense
for Health Care, Medical and Other Professionals
Portland criminal defense lawyer, James F. O’Rourke, Jr. is experienced in representing licensed and ancillary health care and other professionals throughout Oregon.
Mr. O’Rourke represents clients who are or may be charged with crimes in ways which are very useful in dealing with possible or actual professional licensing board disciplinary actions. Mr. O’Rourke has extensive experience working with professional licensing boards in Oregon.
Mr. O'Rourke & his staff work as a team for you
We use methods we have developed over the last three decades to effectively represent our health care and other professional clients in all of the areas where they may need help including Criminal Investigations, Criminal Prosecutions, Licensing Board Proceedings and DEA Licensing issues.
We employ multi-disciplinary consultants to assist in the evaluation, preparation and presentation of our client’s cases.
In addition to our forensic consultants, as part of our representation, a number of recovering health care professionals are available to tell our health care professional clients about their own experiences and outcomes with recovery, treatment, criminal cases and board proceedings. These consultations are confidential and covered by the attorney client privilege.
We practice Smart Defense which is concentrating our time and resources in the areas which will be most productive in achieving the goals we set with our clients. Smart Defense is focusing on using What Works.
Our success comes from working from a position of confidence and strength.
PRE CHARGE REPRESENTATION
During Pre Charge Criminal Investigations of our clients we assert our client’s constitutional and other rights to prevent the state from illegally obtaining incriminating evidence against our clients. The assertion of constitutional rights by one is the assertion of constitutional rights for all. The State has the burden of legally gathering evidence and proving every element of each charge. We work to make sure that our clients get the benefits of all of our rights as citizens.
There is a time to make a full and accurate disclosure and that is best done with the assistance of an attorney. Until that time, we encourage our clients to remain silent and to Assert Your Rights And Protect Yourself.
While the State conducts its investigation, we conduct our own investigation and we are proactive in protecting and promoting our clients interests.
The sooner we get involved in a case the less the clients have to try to figure out on their own.
In Criminal Prosecutions, we Attack the State’s ability to prove charges through investigation, constitutional, evidentiary and procedural motions and trail. We Negotiate before and after charges are filed and we develop and employ Mitigation-Sentencing Plans to achieve results which work for our clients.
We evaluate each case for its own legal and factual defense potential and set realistic goals with our clients and then create trial, negotiation and mitigationsentencing plans to achieve those goals.
First we Attack the government’s case in and out of Court. We study and challenge the prosecution’s ability to prove its case. We consider defenses and whether we can exclude evidence from trial which the prosecution will need to prove its case. We file motions which assert our client’s statutory and constitutional rights to limit the evidence the government can use in trial. We use aggressive investigation to test the credibility of the government’s evidence and to develop our own evidence for trial, negotiation and mitigation. We use powerful trial teams for the cases which actually go to trial.
Second, we Negotiate before and after charges are filed. As soon as possible, we contact the district attorney and begin discussing the merits of the case and educating the district attorney about our client. Using investigation, diplomacy and hard work, we often succeed in getting the district attorney to agree to legal solutions which do not involve criminal convictions or convictions which can be reduced or sealed after a period of time.
Third, we determine our clients’ criminal sentencing exposure and make Sentencing-Mitigation Plans to reduce the consequences of conviction to those which allow the clients to move forward in their personal lives and support the clients in continuing to work in their professions in the event of a guilty verdict or as part of a plea bargain. We develop and present evidence that shows that our clients do not need to be punished with jail or prison to prevent them from offending again even if our clients already have a prior criminal record. Mitigation includes turning negatives into positives.
No honest attorney can absolutely predict what a jury will decide in a given case. We can give an opinion of the chances for success. Sometimes, the risks of trial are outweighed by the certainty of an offer which is too good to refuse.
The Sentencing-Mitigation Plans often include provisions for Dismissal Of Charges After A Successful Period Of Probation, Motions For Early Termination Of Probation, Motions To Reduce Convictions From Felonies To Misdemeanors and Motions To Seal Records Of Arrests And Criminal Convictions (Expungement).
TURNING NEGATIVES INTO POSITIVES
Often, the goals we set with our clients and the plans we create with our clients to reach those goals are outlines for them to live out and become, in fact, their personal and professional comeback stories.
Turning Negatives Into Positives is about people finding effective ways to work through their personal challenges and to recover themselves and their lives. It is about using accurate diagnosis and successful recovery to get excellent results in court and in life.
Most of our professional clients who are charged with crimes have been involved in incidents which arose out of underlying causes and conditions including addiction, abuse of alcohol and/or drugs, situational emotional problems or mental health issues. But for these reasons, they would not have committed crimes. By identifying and addressing the root causes of the alleged criminal conduct, through treatment and other appropriate means, we present proof to the Courts that incarceration is not necessary to get our clients to treat their underlying conditions and that community based treatment is available and already working to avoid further problems. By the time we get to court, we are able to show how our clients are living in the solution as opposed to living in the problem.
We also present this evidence of living in the solution to professional licensing boards with generally good results.
We work with an extensive network of top professionals who help our clients discover, identify and address the underlying causes and conditions which led to the criminal conduct. We are very experienced in working with clients who are in or need residential, out patient or individual addiction education or treatment, 12 Step Programs and various kinds of counseling and psychotherapy. Some clients need both addiction and mental health treatment.
We understand addiction and recovery. We know how to explain the many nuances of our clients underlying conditions and their recovery to prosecutors, judges and others.
Not every person charged with a crime involving use of drugs or alcohol is an addict or alcoholic. You do not have to be an alcoholic or an addict to have problems with the law arising from the use of alcohol or drugs. Most of our DUII DUI clients fall into the non addict non alcoholic category.
Through diagnostic experts, treatment professionals and others, we develop a substantial record of our clients underlying conditions, recovery and low risk of re-offending. The documentation process begins soon after we are hired and long before the clients stand before a judge in a courtroom.
Most of our clients who follow the plans we create with them, receive very fair and lenient resolutions from the Courts. People who are willing to follow instructions get the best results.
Our methods have not only helped clients achieve exceptional results in resolving criminal proceedings and professional licensing board issues, they have also created a foundation for healing reputations and important relationships with family, friends, colleagues and employers.
In creating plans for clients, we take into consideration the licensing board implications of our client’s actions throughout the planning and defense or each criminal case. Often, the work that we do in connection with the criminal case is extremely helpful in licensing board proceedings.
We understand and help our clients fulfill professional licensing board mandatory self reporting requirements.
We often represent clients before State licensing boards concurrently with representing them in the criminal courts. We contact the Board early in the case to begin educating them about our clients and our position with regard to the suspected inappropriate conduct.
We have represented many persons licensed to practice law, medicine, dentistry, pharmacy, nursing and other professions. Problems with alcohol and drug abuse and addiction are common in all health care professions and criminal charges and board proceedings are not necessarily the end of a career. Many of our clients do not get their professional licenses suspended or revoked. Many of our clients satisfy their licensing boards that the criteria for suspension or revocation are not met in our clients’ cases. Most of our clients whose licenses get suspended or revoked get them back after some period of time if they do the right things.
We have a good idea what professional licensing boards want our clients to do and how to fulfill those expectations.
We help clients work out DEA licensing issues when necessary.
We concentrate our efforts in the areas which will be most effective in achieving the goals we set with our clients. We practice Smart Defense which is focusing our efforts on using What Works.
WE LET OUR RESULTS SPEAK FOR US
Our motto is Personal Service With Integrity. We strive to provide excellent individual service to our clients. We return their calls and answer their questions. We counsel and support them as they go through the criminal case and licensing boards processes. We want our clients to feel represented which means that we want them to know that we care about them and what is important to them, that we know how to address the challenges they are facing and that we are working hard to protect and promote their interests.
Our reputation is based on our results and for taking a personal interest in our clients.
Mr. O’Rourke received the 2012 Martindale Hubble Client Distinction Award for providing a high degree of satisfaction to our clients in the areas of communication, responsiveness, quality of service and value for money spent.
Former client references and other information about our results in representing health care professionals are available upon request.
We know how to avoid or work with the media when necessary.
Our principal offices are in Portland, Gresham and Oregon City. Out of office and jail appointments are available. Our normal business hours are from 8:00 a.m. through 5:00 p.m. Monday through Friday. Evening and weekend appointments are available.
We can be reached at 503-221-1425 24 hours a day, seven days a week.
Our fax number is 503-221-1497
We can be reached by email at JFO@JFOLAW.COM
My experience with Jim O’Rourke was much more positive than I could have ever expected. I am a Pharmacist who got into serious trouble, with five criminal charges against me. My first attorney did absolutely nothing for me, and I’m pretty sure if I found Jim first I would not have lost my job. Jim was the ideal attorney for my case ...(more)