Chapter 135 Arraignment and Pretrial Provisions

Arraignment

§ 135.010		Time and place
§ 135.020		Scope of proceedings
§ 135.030		When presence of defendant is required
§ 135.035		Bringing in defendant not yet arrested or held to answer
§ 135.037		Omnibus hearing

(Counsel; Name Used)

§ 135.040		Right to counsel
§ 135.045		Court appointment of counsel
§ 135.050		Eligibility for court-appointed counsel
§ 135.055		Compensation and expenses of appointed counsel
§ 135.060		Communication to defendant as to use of name in accusatory instrument
§ 135.065		Name used in further proceedings
§ 135.067		Effect of failure to provide true name of defendant on certain types of release

Preliminary Hearing

(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

(Discharge Or Commitment)

§ 135.175		Discharge
§ 135.185		Holding defendant to answer
§ 135.195		Commitment
§ 135.205		Indorsement in certain cases
§ 135.215		Direction to sheriff
§ 135.225		Forwarding of papers by magistrate

Release Of Defendant

§ 135.230		Definitions for ORS 135.230 to 135.290
§ 135.235		Release assistance officer
§ 135.240		Releasable offenses
§ 135.242		Security release for certain methamphetamine offenses
§ 135.245		Release decision
§ 135.247		Order prohibiting contact with victim of sex crime or domestic violence
§ 135.250		General conditions of release agreement
§ 135.255		Release agreement

Pleadings

(Defendants Answer Generally)

§ 135.305		Types of answer
§ 135.315		Types of pleading
§ 135.325		Pleading a judgment

(Plea)

§ 135.335		Pleading by defendant
§ 135.345		Legal effect of plea of no contest
§ 135.355		Presentation of plea
§ 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 other offenses
§ 135.380		Time of entering plea

(Plea Discussions And Agreements)

§ 135.405		Plea discussions and plea agreements
§ 135.407		Plea agreement must contain defendants criminal history classification
§ 135.415		Criteria to be considered in plea discussions and plea agreements
§ 135.425		Responsibilities of defense counsel
§ 135.432		Responsibilities of trial judge
§ 135.435		Discussion and agreement not admissible
§ 135.445		Withdrawn plea or statement not admissible

(Related Procedure)

§ 135.455		Notice prior to trial of intention to rely on alibi evidence
§ 135.465		Defect in accusatory instrument as affecting acquittal on merits

Pretrial Motions

§ 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
§ 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

Demurrers

§ 135.610		Demurrer
§ 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
§ 135.670		Allowance of demurrer
§ 135.680		Failure to resubmit case after allowance of demurrer
§ 135.690		Resubmission of case

Compromise

§ 135.703		Crimes subject to being compromised
§ 135.705		Satisfaction of injured person
§ 135.707		Discharge as bar to prosecution
§ 135.709		Exclusiveness of procedure

Sufficiency Of Accusatory Instruments

§ 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

Speedy Trial Provisions

§ 135.745		Delay in finding an indictment or filing an information
§ 135.747		Effect of delay in bringing defendant to trial
§ 135.750		Where there is reason for delay

Dismissal Of Action

§ 135.753		Effect of dismissal
§ 135.755		Dismissal on motion of court or district attorney
§ 135.757		Nolle prosequi

Prosecution Of Prisoners

§ 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
§ 135.767		Presence of prisoner at proceedings
§ 135.770		Release of prisoner prohibited
§ 135.773		District attorney to furnish certain documents

Detainer

§ 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
§ 135.789		Notice of request for temporary custody
§ 135.791		Request for final disposition of detainer from prisoner without state

Pretrial Discovery

§ 135.805		Applicability
§ 135.815		Disclosure to defendant
§ 135.825		Other disclosure to defense
§ 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
§ 135.865		Effect of failure to comply with discovery requirements

Diversion

(Generally)

§ 135.881		Definitions for ORS 135.881 to 135.901
§ 135.886		Requirements for diversion
§ 135.891		Conditions of diversion agreement
§ 135.896		Stay of criminal proceedings during period of agreement
§ 135.898		Diversion agreement involving servicemember charged with domestic violence
§ 135.901		Effect of compliance or noncompliance with agreement
§ 135.905		Unitary assessment

(Possession Of Marijuana)

§ 135.907		Notification of availability of diversion
§ 135.909		Filing petition
§ 135.911		Diversion for first offense only
§ 135.913		Diversion agreement part of record of case
§ 135.915		Effect of compliance with agreement
§ 135.917		Designation of agencies to perform diagnostic assessments
§ 135.919		Termination of agreement by court
§ 135.921		Amount and distribution of filing fee

(Bad Check)

Bad check diversion program

Early Disposition Programs

§ 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

Mediating Criminal Offenses

§ 135.951		Authorization
§ 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
§ 135.959		Authority to contract with dispute resolution programs

Miscellaneous

§ 135.970		When address and phone number of victim or witness not to be given to defendant
§ 135.980		Rehabilitative programs directory

Penalties