Arraignment and Pretrial Provisions

ORS 135.010
Time and place


When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 (When presence of defendant is required) before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060 (Cited person to appear before magistrate), the arraignment shall be held within 96 hours after the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12]

See also annotations under ORS 133.550 in permanent edition.

Notes of Decisions

Where state's violation of this section was not of constitutional proportions, defendant's confession which was voluntarily given after legal arrest was not required to be suppressed. State v. Jenks, 43 Or App 221, 602 P2d 681 (1979)

Where defendant was not arraigned within 36 hours as required by this section but was arraigned after appointment of attorney, noncompliance with this section did not result in denial of due process. Barnes v. Cupp, 44 Or App 533, 606 P2d 664 (1980), Sup Ct review denied

Where petitioner appeared in district court on an information charging attempted burglary in first degree and being an ex-convict in possession of concealable firearm, proceeding was not for arraignment as term is used in this section. Shipley v. Cupp, 59 Or App 283, 650 P2d 1032 (1982)

Language of this statute creates liberty interest in freedom from incarceration without speedy pretrial procedures. Oviatt v. Pearce, 954 F2d 1470 (1992)

Completed Citations

State v. Riner, 6 Or App 72, 485 P2d 1234 (1971), Sup Ct review denied

Law Review Citations

53 OLR 286-288 (1974)


Source

Last accessed
Jun. 26, 2021