Arraignment and Pretrial Provisions

ORS 135.175
Discharge


After hearing the evidence and the statement of the defendant, if the defendant has made one, unless there is a showing of probable cause that a crime has been committed and that the defendant committed it, the magistrate shall dismiss the information and order the defendant to be discharged. [Formerly 133.810]

See also annotations under ORS 133.810 in permanent edition.

Notes of Decisions

Purpose of preliminary hearing is to determine whether there is probable cause to believe defendant committed crime. Barnes v. Cupp, 44 Or App 533, 606 P2d 664 (1980), Sup Ct review denied

§§ 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