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Arraignment and Pretrial Provisions
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Oregon Revised Statutes
Criminal Procedure, Crimes
Arraignment and Pretrial Provisions
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Section
135.010
Time and place.
Section
135.020
Scope of proceedings.
Section
135.030
When presence of defendant is required; appearance by counsel.
Section
135.035
Bringing in defendant not yet arrested or held to answer.
Section
135.037
Omnibus hearing; when held; subject; ruling of court; counsel required.
Section
135.040
Right to counsel.
Section
135.045
Court appointment of counsel; waiver of counsel; appointment of legal advisor.
Section
135.050
Eligibility for court-appointed counsel; financial statement; termination; civil liability.
Section
135.053
[1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28]
Section
135.055
Compensation and expenses of appointed counsel.
Section
135.060
Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.
Section
135.065
Name used in further proceedings; motion to strike false name.
Section
135.067
Effect of failure to provide true name of defendant on certain types of release.
Section
135.070
Informing defendant as to charge, right to counsel, use of statement and preliminary hearing.
Section
135.073
Statement by defendant when not advised of rights.
Section
135.075
Obtaining counsel.
Section
135.080
[Formerly 133.635; repealed by 1979 c.867 §18]
Section
135.085
Subpoenaing witnesses.
Section
135.090
Examination of adverse witnesses.
Section
135.095
Right of defendant to make or waive making a statement.
Section
135.100
Statement of defendant.
Section
135.105
Use of statement before grand jury or on trial.
Section
135.110
Section 135.110
Section
135.115
Waiver of right to make statement.
Section
135.120
[Repealed by 1973 c.836 §358]
Section
135.125
Examination of defendant’s witnesses.
Section
135.130
[Repealed by 1973 c.836 §358]
Section
135.135
Exclusion of witnesses during examination of others.
Section
135.139
Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim’s rights; disclosure of test results; penalties.
Section
135.140
Section 135.140
Section
135.145
Testimony of witnesses.
Section
135.150
[Repealed by 1973 c.836 §358]
Section
135.155
Retention of record and statements by magistrate; inspection.
Section
135.160
[Repealed by 1973 c.836 §358]
Section
135.165
Counsel for complainant; district attorney.
Section
135.170
[Repealed by 1973 c.836 §358]
Section
135.173
Oregon Evidence Code to apply in preliminary hearings; exception.
Section
135.175
Discharge.
Section
135.180
[Repealed by 1973 c.836 §358]
Section
135.185
Holding defendant to answer; use of hearsay evidence.
Section
135.190
[Repealed by 1973 c.836 §358]
Section
135.195
Commitment.
Section
135.200
[Repealed by 1973 c.836 §358]
Section
135.205
Indorsement in certain cases.
Section
135.210
[Repealed by 1973 c.836 §358]
Section
135.215
Direction to sheriff; detention of defendant.
Section
135.225
Forwarding of papers by magistrate.
Section
135.230
Definitions for ORS 135.230 to 135.290.
Section
135.233
Standing pretrial release orders; guidelines for orders.
Section
135.235
Release assistance officers; appointment; duties.
Section
135.240
Releasable offenses.
Section
135.242
Section 135.242
Section
135.245
Release decision.
Section
135.246
Release conditions related to medical use of cannabis.
Section
135.247
Order prohibiting contact with victim of sex crime or domestic violence.
Section
135.250
General conditions of release agreement.
Section
135.252
[2016 c.24 §53f; repealed by 2019 c.292 §10]
Section
135.253
Waiver of appearance at trial as release condition prohibited.
Section
135.255
Release agreement.
Section
135.260
Conditional release.
Section
135.265
Security release.
Section
135.270
Taking of security.
Section
135.275
Seizure of security by law enforcement agency.
Section
135.280
Arrest warrant; forfeiture.
Section
135.285
Modification of release decision.
Section
135.290
Punishment by contempt of court.
Section
135.295
Application of ORS 135.230 to 135.290 to certain traffic offenses.
Section
135.305
Types of answer.
Section
135.310
Section 135.310
Section
135.315
Types of pleading.
Section
135.320
Section 135.320
Section
135.325
Pleading a judgment.
Section
135.330
Section 135.330
Section
135.335
Pleading by defendant; conditional pleas.
Section
135.340
Section 135.340
Section
135.345
Legal effect of plea of no contest.
Section
135.350
Section 135.350
Section
135.355
Presentation of plea; entry in register; forms.
Section
135.360
Special provisions relating to presentation of plea of guilty or no contest.
Section
135.365
Withdrawal of plea of guilty or no contest.
Section
135.370
Not guilty plea as denial of allegations of accusatory instrument.
Section
135.375
Pleading to offenses in other counties.
Section
135.380
Time of entering plea; aid of counsel.
Section
135.385
Defendant to be advised by court; inquiry into immigration status prohibited.
Section
135.390
Determining voluntariness of plea; nature of plea agreement.
Section
135.395
Determining accuracy of plea.
Section
135.405
Plea discussions and plea agreements.
Section
135.406
[1997 c.313 §3; repealed by 2009 c.178 §35]
Section
135.407
Plea agreement must contain defendant’s criminal history classification; stipulations.
Section
135.410
[Repealed by 1973 c.836 §358]
Section
135.415
Criteria to be considered in plea discussions and plea agreements.
Section
135.418
Prohibited plea agreement provisions.
Section
135.420
Section 135.420
Section
135.425
Responsibilities of defense counsel.
Section
135.430
Section 135.430
Section
135.432
Judge involvement in plea discussions; responsibilities of trial judge.
Section
135.435
Discussion and agreement not admissible.
Section
135.440
[Repealed by 1973 c.836 §358]
Section
135.445
Withdrawn plea or statement not admissible.
Section
135.450
Section 135.450
Section
135.455
Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.
Section
135.460
[Repealed by 1973 c.836 §358]
Section
135.465
Defect in accusatory instrument as affecting acquittal on merits.
Section
135.470
Motion to dismiss accusatory instrument on grounds of former jeopardy.
Section
135.510
Grounds for motion to set aside the indictment.
Section
135.520
Time of making motion; hearing.
Section
135.530
Effect of allowance of motion.
Section
135.540
Effect of resubmission of case.
Section
135.550
[Repealed by 1973 c.836 §358]
Section
135.560
Order to set aside is no bar to future prosecution.
Section
135.610
Demurrer; generally.
Section
135.620
[Repealed by 1973 c.836 §358]
Section
135.630
Grounds of demurrer.
Section
135.640
When objections that are grounds for demurrer may be taken.
Section
135.650
Hearing of objections specified by demurrer.
Section
135.660
Judgment on demurrer; entry in register.
Section
135.670
Allowance of demurrer.
Section
135.680
Procedure if resubmission of case not allowed.
Section
135.690
Resubmission of case.
Section
135.700
Disallowance of demurrer.
Section
135.703
Crimes subject to being compromised; exceptions.
Section
135.705
Satisfaction of injured person; dismissal of charges.
Section
135.707
Discharge as bar to prosecution.
Section
135.709
Exclusiveness of procedure.
Section
135.711
Facts constituting crime or subcategory of crime required.
Section
135.713
Necessity of stating presumptions of law and matters judicially noticed.
Section
135.715
Effect of nonprejudicial defects in form of accusatory instrument.
Section
135.717
Time of crime.
Section
135.720
Place of crime in certain cases.
Section
135.725
Person injured or intended to be injured.
Section
135.727
Description of animal.
Section
135.730
Judgments; facts conferring jurisdiction.
Section
135.733
Defamation.
Section
135.735
Forgery; misdescription of forged instrument.
Section
135.737
Perjury.
Section
135.740
Construction of words and phrases used.
Section
135.743
Fictitious or erroneous name; insertion of true name.
Section
135.745
Delay in finding an indictment or filing an information.
Section
135.746
Time period within which trial must commence.
Section
135.747
[Formerly 134.120; repealed by 2013 c.431 §1]
Section
135.748
Periods of time excluded from time limits.
Section
135.750
Where there is reason for delay.
Section
135.752
When trial not commenced within time limit.
Section
135.753
Effect of dismissal.
Section
135.755
Dismissal on motion of court or district attorney.
Section
135.757
Nolle prosequi; discontinuance by district attorney.
Section
135.760
Notice requesting early trial on pending charge.
Section
135.763
Trial within 90 days of notice unless continuance granted.
Section
135.765
Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.
Section
135.767
Presence of prisoner at proceedings.
Section
135.770
Release of prisoner prohibited.
Section
135.773
District attorney to furnish certain documents.
Section
135.775
Agreement on Detainers.
Section
135.777
Definition for ORS 135.775.
Section
135.779
Enforcement of ORS 135.775 by public agencies.
Section
135.783
Effect of escape from custody in another state.
Section
135.785
Surrender of custody under ORS 135.775.
Section
135.787
Administrator of agreement; appointment; duties.
Section
135.789
Notice of request for temporary custody; prisoner’s rights.
Section
135.791
Request for final disposition of detainer from prisoner in another state.
Section
135.793
Procedure where untried instrument pending against prisoner in another state.
Section
135.805
Applicability; scope of disclosure.
Section
135.810
[Repealed by 1973 c.836 §358]
Section
135.815
Disclosure to defendant.
Section
135.820
[Repealed by 1973 c.836 §358]
Section
135.825
Other disclosure to defense; special conditions.
Section
135.830
Section 135.830
Section
135.835
Disclosure to the state.
Section
135.840
Section 135.840
Section
135.845
Time of disclosure.
Section
135.850
Section 135.850
Section
135.855
Material and information not subject to discovery.
Section
135.857
Disclosure to victim; conditions.
Section
135.860
Section 135.860
Section
135.865
Effect of failure to comply with discovery requirements.
Section
135.870
[Amended by 1971 c.743 §321; repealed by 1973 c.836 §358]
Section
135.873
Protective orders.
Section
135.875
Section 135.875
Section
135.880
Section 135.880
Section
135.881
Definitions for ORS 135.881 to 135.901.
Section
135.886
Requirements for diversion; factors considered.
Section
135.890
[Repealed by 1973 c.836 §358]
Section
135.891
Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee.
Section
135.893
Diversion conditions related to medical use of cannabis.
Section
135.896
Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay.
Section
135.898
Diversion agreement involving servicemember charged with domestic violence.
Section
135.900
[Repealed by 1973 c.836 §358]
Section
135.901
Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program.
Section
135.905
[1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7]
Section
135.907
[1989 c.1075 §5; repealed by 2017 c.21 §126]
Section
135.909
[1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126]
Section
135.911
[1989 c.1075 §7; repealed by 2017 c.21 §126]
Section
135.913
[1989 c.1075 §8; repealed by 2017 c.21 §126]
Section
135.915
[1989 c.1075 §9; repealed by 2017 c.21 §126]
Section
135.917
[1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126]
Section
135.919
[1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126]
Section
135.921
[1989 c.1075 §12; 1991 c.460 §19; 1991 c.818 §4; 1993 c.13 §3; 2003 c.737 §§62,63; 2005 c.702 §§73,74,75; 2007 c.71 §34; 2011 c.595 §165; repealed by 2017 c.21 §126]
Section
135.925
Bad check diversion program; fees.
Section
135.930
[1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4]
Section
135.935
[1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4]
Section
135.940
[1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4]
Section
135.941
Early disposition programs.
Section
135.942
Purposes of program.
Section
135.943
Provisions of program.
Section
135.945
[1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4]
Section
135.946
[2001 c.635 §9; repealed by 2005 c.308 §1]
Section
135.948
Availability to probationers.
Section
135.949
Other programs authorized.
Section
135.950
[1983 c.487 §5; repealed by 1987 c.908 §4]
Section
135.951
Authorization; determining when appropriate; exclusions.
Section
135.953
How mediation may be used.
Section
135.955
Notifying victims and person charged with crime of mediation opportunities.
Section
135.957
Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties.
Section
135.959
Authority to contract with dispute resolution programs.
Section
135.970
Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant.
Section
135.973
Medication use by specialty court entrant.
Section
135.975
[1987 c.475 §2; repealed by 1989 c.790 §74]
Section
135.980
Rehabilitative programs directory; compilation; availability.
Section
135.983
Court inquiry into defendant’s immigration status prohibited.
Section
135.985
Procedure when defendant is servicemember.
Section
135.990
Penalties.