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Home > 2011 ORS > Vol. 4 > Chapter 135 > (Generally)
 
  • 135.070
    Informa­tion as to charge, right to counsel, use of state­ment, preliminary hearing and use by State Board of Parole and Post-Prison Supervision
  • 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 defendants 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
  • 135.145
    Testimony of witnesses
  • 135.155
    Reten­tion of record and state­ments by magistrate
  • 135.165
    Counsel for complainant
  • 135.173
    Oregon Evidence Code to apply in preliminary hear­ing
  •  

   2011 ORS § 135.073¹
Statement by defendant when not advised of rights

Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 (Information as to charge, right to counsel, use of statement, preliminary hearing and use by State Board of Parole and Post-Prison Supervision) shall not be admissible before the grand jury. [1973 c.836 §61]

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§§ 135.070 (Information as to charge, right to counsel, use of statement, preliminary hearing and use by State Board of Parole and Post-Prison Supervision) to 135.185 (Holding defendant to answer)

Notes of Decisions

Under Oregon Constitu­tion, per­son may be charged with felony either by grand jury indict­ment or by district attorney in­for­ma­­tion after showing of probable cause at preliminary hearing, and it is within district attorneys discre­tion to decide which pro­ce­dure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitu­tion. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by in­for­ma­­tion, but later indicted, defendant does not retain right to preliminary hearing unless use of indict­ment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)

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1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, http://­www.­leg.­state.­or.­us/­ors/­135.­html External_link_icon(2011) (last ac­cessed Mar. 25, 2012).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2011, Chapter 135, http://­www.­leg.­state.­or.­us/­ors/­annos/­135ano.­htm External_link_icon(2011) (last ac­cessed Mar. 25, 2012).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
 
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