§ 138.295 Stay of judgment or order on appeal by state; release

When the state appeals a decision that favored the defendant, the case doesn't just move forward as if the defendant won. Instead, everything related to release gets put on hold. Any release agreement the defendant signed, along with any bail or security they put up, stays in place. This means the defendant is still expected to show up in court and follow the terms of their release until the appeal is fully decided.

If the defendant is currently in jail when the state files this kind of appeal, they aren't stuck there automatically. The court can still let them out while the appeal is being worked out. But this release has to follow the standard rules for setting release conditions found in ORS 135.230 to 135.290, which cover things like bail amounts and conditions for getting out of custody.

In short, this rule keeps things stable while the state's appeal plays out. The defendant's release terms don't just disappear or automatically change, but the court still has the power to grant release if the person is currently locked up.