Arraignment and Pretrial Provisions

ORS 135.075
Obtaining counsel

The magistrate shall allow the defendant a reasonable time to obtain counsel and shall adjourn the proceeding for that purpose. A defendant who is committed pending examination shall be given a reasonable opportunity to obtain counsel, including but not limited to a reasonable use of the telephone. As used in this section, “counsel” includes a legal advisor appointed under ORS 135.045 (Court appointment of counsel). [Formerly 133.620; 2001 c.472 §6]

See annotations under ORS 133.620 in permanent edition.

§§ 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)


Last accessed
Jun. 26, 2021