Q: In Oregon State what is the criteria that needs to be met for malicious prosecution 18 rights violation s.o.l. exp 2x

A: In Oregon, for a claim of malicious prosecution, you generally need to prove that the original legal proceeding was initiated without probable cause, with malice, and that it ended in your favor. The prosecutor or other officials involved must have acted with the intent to cause harm or with reckless disregard for your rights. Additionally, there must be evidence that they lacked a legitimate basis to pursue the charges.

When your public defender attended the plea deal without your knowledge or coerced you into taking a certain plea, this could violate your Sixth Amendment rights, which guarantee effective legal counsel and a fair trial. If you weren’t properly informed about your jury trial, or if you were denied representation at any point, that raises serious concerns about your constitutional rights being violated. The prosecutor’s ongoing actions since 2017, including manipulating your background report and delaying charges, could point to additional abuses of power.

The statute of limitations for many criminal charges in Oregon generally ranges from 3 to 6 years, though this varies based on the specific crime. If you believe the statute has expired and the charges were filed late, this should be raised as a defense. You might have grounds to challenge the charges, especially if you can demonstrate that your rights under the 6th and 14th Amendments were violated repeatedly throughout the process.