Arraignment and Pretrial Provisions

ORS 135.425
Responsibilities of defense counsel


(1)

Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.

(2)

To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]

Notes of Decisions

This section requires criminal defense attorney prior to guilty plea to disclose consequences of guilty plea and conviction, including, in case of non-citizen client, possibility of deportation. Lyons v. Pearce, 298 Or 554, 694 P2d 969 (1985)

Where, under applicable immigration law, criminal conviction will not result in possibility of deportation, counsel is not required to advise alien client of such possibility prior to entry of guilty plea, nor to request that court make recommendation against deportation. Lyons v. Pearce, 298 Or 569, 694 P2d 978 (1985)


Source

Last accessed
Jun. 26, 2021