Arraignment and Pretrial Provisions

ORS 135.073
Statement by defendant when not advised of rights


Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 (Informing defendant as to charge, right to counsel, use of statement and preliminary hearing) shall not be admissible before the grand jury. [1973 c.836 §61]
§§ 135.070 to 135.185

Notes of Decisions

Under Oregon Constitution, person may be charged with felony either by grand jury indictment or by district attorney information after showing of probable cause at preliminary hearing, and it is within district attorney's discretion to decide which procedure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitution. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by information, but later indicted, defendant does not retain right to preliminary hearing unless use of indictment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)


Source

Last accessed
Jun. 26, 2021