ORS Chapter 135: Arraignment and Pretrial Provisions

§ 135.010 Time and place § 135.020 Scope of proceedings § 135.030 When presence of defendant is required; appearance by counsel § 135.035 Bringing in defendant not yet arrested or held to answer § 135.037 Omnibus hearing; when held; subject; ruling of court; counsel required § 135.040 Right to counsel § 135.045 Court appointment of counsel; waiver of counsel; appointment of legal advisor § 135.050 Eligibility for court-appointed counsel; financial statement; termination; civil liability § 135.055 Compensation and expenses of appointed counsel § 135.060 Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment § 135.065 Name used in further proceedings; motion to strike false name § 135.067 Effect of failure to provide true name of defendant on certain types of release § 135.070 Informing defendant as to charge, right to counsel, use of statement and preliminary hearing § 135.073 Statement by defendant when not advised of rights § 135.075 Obtaining counsel § 135.085 Subpoenaing witnesses § 135.090 Examination of adverse witnesses § 135.095 Right of defendant to make or waive making a statement § 135.100 Statement of defendant § 135.105 Use of statement before grand jury or on trial § 135.115 Waiver of right to make statement § 135.125 Examination of defendant’s witnesses § 135.135 Exclusion of witnesses during examination of others § 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 § 135.145 Testimony of witnesses § 135.155 Retention of record and statements by magistrate; inspection § 135.165 Counsel for complainant; district attorney § 135.173 Oregon Evidence Code to apply in preliminary hearings; exception § 135.175 Discharge § 135.185 Holding defendant to answer; use of hearsay evidence § 135.195 Commitment § 135.205 Indorsement in certain cases § 135.215 Direction to sheriff; detention of defendant § 135.225 Forwarding of papers by magistrate § 135.230 Definitions for ORS 135.230 to 135.290 § 135.233 Standing pretrial release orders; guidelines for orders § 135.235 Release assistance officers; appointment; duties § 135.240 Releasable offenses § 135.245 Release decision § 135.246 Release conditions related to medical use of cannabis § 135.247 Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence § 135.250 General conditions of release agreement § 135.253 Waiver of appearance at trial as release condition prohibited § 135.255 Release agreement § 135.260 Conditional release § 135.265 Security release § 135.270 Taking of security § 135.275 Seizure of security by law enforcement agency § 135.280 Arrest warrant; forfeiture § 135.285 Modification of release decision § 135.290 Punishment by contempt of court § 135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses § 135.305 Types of answer § 135.315 Types of pleading § 135.325 Pleading a judgment § 135.335 Pleading by defendant; conditional pleas § 135.345 Legal effect of plea of no contest § 135.355 Presentation of plea; entry in register; forms § 135.360 Special provisions relating to presentation of plea of guilty or no contest § 135.365 Withdrawal of plea of guilty or no contest § 135.370 Not guilty plea as denial of allegations of accusatory instrument § 135.375 Pleading to offenses in other counties § 135.380 Time of entering plea; aid of counsel § 135.385 Defendant to be advised by court; inquiry into immigration status prohibited § 135.390 Determining voluntariness of plea; nature of plea agreement § 135.395 Determining accuracy of plea § 135.405 Plea discussions and plea agreements § 135.407 Plea agreement must contain defendant’s criminal history classification; stipulations § 135.415 Criteria to be considered in plea discussions and plea agreements § 135.418 Prohibited plea agreement provisions § 135.425 Responsibilities of defense counsel § 135.432 Judge involvement in plea discussions; responsibilities of trial judge § 135.435 Discussion and agreement not admissible § 135.445 Withdrawn plea or statement not admissible § 135.455 Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice § 135.465 Defect in accusatory instrument as affecting acquittal on merits § 135.470 Motion to dismiss accusatory instrument on grounds of former jeopardy § 135.510 Grounds for motion to set aside the indictment § 135.520 Time of making motion; hearing § 135.530 Effect of allowance of motion § 135.540 Effect of resubmission of case § 135.560 Order to set aside is no bar to future prosecution § 135.610 Demurrer; generally § 135.630 Grounds of demurrer § 135.640 When objections that are grounds for demurrer may be taken § 135.650 Hearing of objections specified by demurrer § 135.660 Judgment on demurrer; entry in register § 135.670 Allowance of demurrer § 135.680 Procedure if resubmission of case not allowed § 135.690 Resubmission of case § 135.700 Disallowance of demurrer § 135.703 Crimes subject to being compromised; exceptions § 135.705 Satisfaction of injured person; dismissal of charges § 135.707 Discharge as bar to prosecution § 135.709 Exclusiveness of procedure § 135.711 Facts constituting crime or subcategory of crime required § 135.713 Necessity of stating presumptions of law and matters judicially noticed § 135.715 Effect of nonprejudicial defects in form of accusatory instrument § 135.717 Time of crime § 135.720 Place of crime in certain cases § 135.725 Person injured or intended to be injured § 135.727 Description of animal § 135.730 Judgments; facts conferring jurisdiction § 135.733 Defamation § 135.735 Forgery; misdescription of forged instrument § 135.737 Perjury § 135.740 Construction of words and phrases used § 135.743 Fictitious or erroneous name; insertion of true name § 135.745 Delay in finding an indictment or filing an information § 135.746 Time period within which trial must commence § 135.748 Periods of time excluded from time limits § 135.750 Where there is reason for delay § 135.752 When trial not commenced within time limit § 135.753 Effect of dismissal § 135.755 Dismissal on motion of court or district attorney § 135.757 Nolle prosequi; discontinuance by district attorney § 135.760 Notice requesting early trial on pending charge § 135.763 Trial within 90 days of notice unless continuance granted § 135.765 Dismissal of criminal proceeding not brought to trial within allowed time; exceptions § 135.767 Presence of prisoner at proceedings § 135.770 Release of prisoner prohibited § 135.773 District attorney to furnish certain documents § 135.775 Agreement on Detainers § 135.777 Definition for ORS 135.775 § 135.779 Enforcement of ORS 135.775 by public agencies § 135.783 Effect of escape from custody in another state § 135.785 Surrender of custody under ORS 135.775 § 135.787 Administrator of agreement; appointment; duties § 135.789 Notice of request for temporary custody; prisoner’s rights § 135.791 Request for final disposition of detainer from prisoner in another state § 135.793 Procedure where untried instrument pending against prisoner in another state § 135.805 Applicability; scope of disclosure § 135.815 Disclosure to defendant § 135.825 Other disclosure to defense; special conditions § 135.835 Disclosure to the state § 135.845 Time of disclosure § 135.855 Material and information not subject to discovery § 135.857 Disclosure to victim; conditions § 135.865 Effect of failure to comply with discovery requirements § 135.873 Protective orders § 135.881 Definitions for ORS 135.881 to 135.901 § 135.886 Requirements for diversion; factors considered § 135.891 Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee § 135.893 Diversion conditions related to medical use of cannabis § 135.896 Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay § 135.898 Diversion agreement involving servicemember charged with domestic violence § 135.901 Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program § 135.925 Bad check diversion program; fees § 135.941 Early disposition programs § 135.942 Purposes of program § 135.943 Provisions of program § 135.948 Availability to probationers § 135.949 Other programs authorized § 135.951 Authorization; determining when appropriate; exclusions § 135.953 How mediation may be used § 135.955 Notifying victims and person charged with crime of mediation opportunities § 135.957 Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties § 135.959 Authority to contract with dispute resolution programs § 135.970 Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant § 135.973 Medication use by treatment court entrant § 135.980 Rehabilitative programs directory; compilation; availability § 135.983 Court inquiry into defendant’s immigration status prohibited § 135.985 Procedure when defendant is servicemember § 135.990 Penalties § 135.053 [1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28] § 135.080 [Formerly 133.635; repealed by 1979 c.867 §18] § 135.110 [Amended by 1973 c.836 §132; renumbered 135.030] § 135.120 [Repealed by 1973 c.836 §358] § 135.130 [Repealed by 1973 c.836 §358] § 135.140 [Amended by 1973 c.836 §133; renumbered 135.035] § 135.150 [Repealed by 1973 c.836 §358] § 135.160 [Repealed by 1973 c.836 §358] § 135.170 [Repealed by 1973 c.836 §358] § 135.180 [Repealed by 1973 c.836 §358] § 135.190 [Repealed by 1973 c.836 §358] § 135.200 [Repealed by 1973 c.836 §358] § 135.210 [Repealed by 1973 c.836 §358] § 135.242 [2008 c.52 §1; 2021 c.591 §45; repealed by 2021 c.643 §7] § 135.252 [2016 c.24 §53f; repealed by 2019 c.292 §10] § 135.310 [Renumbered 135.040] § 135.320 [Amended by 1961 c.696 §2; 1967 c.475 §2; 1973 c.836 §134; renumbered 135.045] § 135.330 [Amended by 1961 c.698 §1; 1967 c.628 §1; 1971 c.677 §1; renumbered 135.055] § 135.340 [Amended by 1973 c.836 §136; renumbered 135.060] § 135.350 [Amended by 1973 c.836 §137; renumbered 135.065] § 135.406 [1997 c.313 §3; repealed by 2009 c.178 §35] § 135.410 [Repealed by 1973 c.836 §358] § 135.420 [Amended by 1973 c.836 §158; renumbered 135.305] § 135.430 [Renumbered 135.315] § 135.440 [Repealed by 1973 c.836 §358] § 135.450 [Renumbered 135.325] § 135.460 [Repealed by 1973 c.836 §358] § 135.550 [Repealed by 1973 c.836 §358] § 135.620 [Repealed by 1973 c.836 §358] § 135.747 [Formerly 134.120; repealed by 2013 c.431 §1] § 135.810 [Repealed by 1973 c.836 §358] § 135.820 [Repealed by 1973 c.836 §358] § 135.830 [Amended by 1973 c.836 §161; renumbered 135.355] § 135.840 [Amended by 1973 c.836 §162; renumbered 135.360] § 135.850 [Amended by 1973 c.836 §163; renumbered 135.365] § 135.860 [Amended by 1973 c.836 §164; renumbered 135.370] § 135.870 [Amended by 1971 c.743 §321; repealed by 1973 c.836 §358] § 135.875 [1969 c.293 §1; renumbered 135.455] § 135.880 [Amended by 1973 c.836 §176; renumbered 135.465] § 135.890 [Repealed by 1973 c.836 §358] § 135.900 [Repealed by 1973 c.836 §358] § 135.905 [1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7] § 135.907 [1989 c.1075 §5; repealed by 2017 c.21 §126] § 135.909 [1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126] § 135.911 [1989 c.1075 §7; repealed by 2017 c.21 §126] § 135.913 [1989 c.1075 §8; repealed by 2017 c.21 §126] § 135.915 [1989 c.1075 §9; repealed by 2017 c.21 §126] § 135.917 [1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126] § 135.919 [1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126] § 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] § 135.930 [1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4] § 135.935 [1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4] § 135.940 [1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4] § 135.945 [1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4] § 135.946 [2001 c.635 §9; repealed by 2005 c.308 §1] § 135.950 [1983 c.487 §5; repealed by 1987 c.908 §4] § 135.975 [1987 c.475 §2; repealed by 1989 c.790 §74]