Arraignment and Pretrial Provisions

ORS 135.255
Release agreement


(1)

The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court).

(2)

A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree).

(3)

“Custody” for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation). [1973 c.836 §151]

Notes of Decisions

Where, under release agreement, defendant agreed to appear and answer charges in circuit court on dates and times "to be set" and voluntarily failed to appear on last day of trial, his violation of release agreement was not excused by his presence on other days of trial. State v. Phillips, 84 Or App 316, 734 P2d 4 (1987), Sup Ct review denied

Law Review Citations

53 OLR 275, 294, 295, 326 (1974)

§§ 135.250 to 135.265

See annotations under ORS 140.100 in permanent edition.

§§ 135.230 to 135.290

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)


Source

Last accessed
Jun. 26, 2021