Portland, OR asked in Criminal Law and Civil Rights for Oregon

Q: If it's to petty for a jury then it should be to petty to charge. This rule is in the self interest of courts.

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James L. Arrasmith
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Answered

A: That idea makes a lot of sense, but the legal system doesn’t always work that way. Courts handle a wide range of cases, and prosecutors have discretion in deciding which ones to pursue. Some charges may seem minor, but they can still have legal consequences, especially if they involve repeat offenses or specific circumstances that make them more serious.

Juries are typically reserved for cases with significant consequences, while minor offenses are often handled by a judge. That doesn’t mean a charge is insignificant, just that the legal process for handling it is different. The threshold for what qualifies as "too petty" isn’t always clear, and it depends on the laws of the jurisdiction.

If you’re dealing with a charge that seems too small to justify legal action, it might help to challenge its necessity or fairness. Many cases can be resolved through plea deals, diversion programs, or even dismissed if argued properly. Understanding your options and the reasoning behind the charge is key to determining the best course of action.

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