Arraignment and Pretrial Provisions
Releasable offenses
See also annotations under ORS 140.020 and 140.030 in permanent edition.
Notes of Decisions
Where record supported trial court's finding that evidence of accused's guilt was strong and trial court's conclusion that she was not entitled to release, Supreme Court would not use writ of habeas corpus to look to reasons behind trial court order. Haynes v. Burks, 290 Or 75, 619 P2d 632 (1980)
Requirement that release be denied absent clear and convincing evidence that defendant will not commit new crimes while on release violates right to bail under section 14, Article I of Oregon Constitution. State v. Sutherland, 329 Or 359, 987 P2d 501 (1999)
Defendant has right to hearing to challenge propriety of applying statutory $50,000 security amount. State v. Sutherland, 329 Or 359, 987 P2d 501 (1999)
In demonstrating to court that proof of murder defendant's guilt is evident or presumption of guilt is strong, state may rely on evidence that would not be admissible at trial. Rico-Villalobos v. Guisto, 339 Or 197, 118 P3d 246 (2005)
Law Review Citations
51 OLR 652, 662 (1972)
See also annotations under ORS 135.190 in permanent edition.
Notes of Decisions
Enactment of these sections did not deprive bail bondsmen of their right to engage in the bail bond business, and did not violate the provisions of the Oregon or United States Constitutions. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)
The pretrial release provisions of ORS 135.230 to 135.290 do not violate Art. I, §14 of the Oregon Constitution. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)
No one may be released from custody without executing and filing release agreement with clerk of court. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)
Atty. Gen. Opinions
Security release deposits as bail, (1979) Vol 40, p 139
Law Review Citations
53 OLR 273-337 (1974); 66 OLR 661 (1987)