§ 138.520 Relief which court may grant

If you win a post-conviction case in Oregon, the court has several ways it can fix the problem. It can order your release from custody, give you a new trial, change your sentence, or grant any other type of relief that fits the situation. The law gives the court room to decide what makes sense based on what went wrong in your case.

The court can also issue follow-up orders to carry out its decision. For example, if you get a new trial, the court might set up a new arraignment, arrange for the retrial itself, or decide whether you stay in custody or get released on bail while the case moves forward. This means the court doesn't just say you get relief. It also has the power to handle the practical steps needed to make that relief actually happen.