Chapter 135
Arraignment and Pretrial Provisions

Sections

Scope of proceedings

When presence of defendant is required

Bringing in defendant not yet arrested or held to answer

Omnibus hearing

Right to counsel

Court appointment of counsel

Eligibility for court-appointed counsel

Compensation and expenses of appointed counsel

Informing defendant as to use of name in accusatory instrument

Name used in further proceedings

Effect of failure to provide true name of defendant on certain types of release

Informing defendant as to charge, right to counsel, use of statement and preliminary hearing

Statement by defendant when not advised of rights

Obtaining counsel

Subpoenaing witnesses

Examination of adverse witnesses

Right of defendant to make or waive making a statement

Statement of defendant

Use of statement before grand jury or on trial

Waiver of right to make statement

Examination of defendant’s witnesses

Exclusion of witnesses during examination of others

Notice of availability of testing for HIV and other communicable diseases to person charged with crime

Testimony of witnesses

Retention of record and statements by magistrate

Counsel for complainant

Oregon Evidence Code to apply in preliminary hearings

Holding defendant to answer

Indorsement in certain cases

Direction to sheriff

Forwarding of papers by magistrate

Definitions for ORS 135.230 to 135.290

Standing pretrial release orders

Release assistance officers

Releasable offenses

Security release for certain methamphetamine offenses

Release decision

Release conditions related to medical use of cannabis

Order prohibiting contact with victim of sex crime or domestic violence

General conditions of release agreement

Waiver of appearance at trial as release condition prohibited

Release agreement

Conditional release

Security release

Taking of security

Seizure of security by law enforcement agency

Modification of release decision

Punishment by contempt of court

Application of ORS 135.230 to 135.290 to certain traffic offenses

Types of answer

Types of pleading

Pleading a judgment

Pleading by defendant

Legal effect of plea of no contest

Presentation of plea

Special provisions relating to presentation of plea of guilty or no contest

Withdrawal of plea of guilty or no contest

Not guilty plea as denial of allegations of accusatory instrument

Pleading to offenses in other counties

Time of entering plea

Defendant to be advised by court

Determining voluntariness of plea

Determining accuracy of plea

Plea discussions and plea agreements

Plea agreement must contain defendant’s criminal history classification

Criteria to be considered in plea discussions and plea agreements

Prohibited plea agreement provisions

Responsibilities of defense counsel

Judge involvement in plea discussions

Discussion and agreement not admissible

Withdrawn plea or statement not admissible

Notice prior to trial of intention to rely on alibi evidence

Defect in accusatory instrument as affecting acquittal on merits

Motion to dismiss accusatory instrument on grounds of former jeopardy

Grounds for motion to set aside the indictment

Time of making motion

Effect of allowance of motion

Effect of resubmission of case

Order to set aside is no bar to future prosecution

Grounds of demurrer

When objections that are grounds for demurrer may be taken

Hearing of objections specified by demurrer

Judgment on demurrer

Allowance of demurrer

Procedure if resubmission of case not allowed

Resubmission of case

Disallowance of demurrer

Crimes subject to being compromised

Satisfaction of injured person

Discharge as bar to prosecution

Exclusiveness of procedure

Facts constituting crime or subcategory of crime required

Necessity of stating presumptions of law and matters judicially noticed

Effect of nonprejudicial defects in form of accusatory instrument

Place of crime in certain cases

Person injured or intended to be injured

Description of animal

Construction of words and phrases used

Fictitious or erroneous name

Delay in finding an indictment or filing an information

Time period within which trial must commence

Periods of time excluded from time limits

Where there is reason for delay

When trial not commenced within time limit

Effect of dismissal

Dismissal on motion of court or district attorney

Notice requesting early trial on pending charge

Trial within 90 days of notice unless continuance granted

Dismissal of criminal proceeding not brought to trial within allowed time

Presence of prisoner at proceedings

Release of prisoner prohibited

District attorney to furnish certain documents

Agreement on Detainers

Definition for ORS 135.775

Enforcement of ORS 135.775 by public agencies

Effect of escape from custody in another state

Surrender of custody under ORS 135.775

Administrator of agreement

Notice of request for temporary custody

Request for final disposition of detainer from prisoner in another state

Procedure where untried instrument pending against prisoner in another state

Disclosure to defendant

Other disclosure to defense

Disclosure to the state

Time of disclosure

Material and information not subject to discovery

Disclosure to victim

Effect of failure to comply with discovery requirements

Protective orders

Definitions for ORS 135.881 to 135.901

Requirements for diversion

Conditions of diversion agreement

Diversion conditions related to medical use of cannabis

Stay of criminal proceedings during period of agreement

Diversion agreement involving servicemember charged with domestic violence

Effect of compliance or noncompliance with agreement

Bad check diversion program

Early disposition programs

Purposes of program

Provisions of program

Availability to probationers

Other programs authorized

How mediation may be used

Notifying victims and person charged with crime of mediation opportunities

Application of ORS 36.220 to 36.238 to mediation of criminal offenses

Authority to contract with dispute resolution programs

Information required when victim contacted by defense

Medication use by specialty court entrant

Rehabilitative programs directory

Court inquiry into defendant’s immigration status prohibited

Procedure when defendant is servicemember

Up to date

Current through early 2024

Chap. 135’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_chapter_135

Original Source: Chapter 135 — Arraignment and Pretrial Provisions, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html (last accessed Jun. 16, 2023).