Arraignment and Pretrial Provisions

ORS 135.380
Time of entering plea

  • aid of counsel


(1)

A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.

(2)

A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.

(3)

Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 (Types of answer) to 135.325 (Pleading a judgment), 135.335 (Pleading by defendant), 135.355 (Presentation of plea), 135.360 (Special provisions relating to presentation of plea of guilty or no contest) and 135.375 (Pleading to offenses in other counties), the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]

See also annotations under ORS 135.380 and 135.410 in permanent edition.

Notes of Decisions

Where petitioner appeared in district court on basis of information charging felonies, proceeding was not for arraignment as term is used in ORS 135.010 and acceptance by circuit court of petitioner's guilty plea without assistance of counsel at time of actual arraignment violated this section. Shipley v. Cupp, 59 Or App 283, 650 P2d 1032 (1982)


Source

Last accessed
Jun. 26, 2021