ORS 135.010¹
Time and place

When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 (When presence of defendant is required) before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060 (Cited person to appear before magistrate), the arraignment shall be held within 96 hours after the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12]

See also annota­tions under ORS 133.550 in permanent edi­tion.

Notes of Decisions

Where state’s viola­tion of this sec­tion was not of constitu­tional propor­tions, defendant’s confession which was voluntarily given after legal arrest was not re­quired to be suppressed. State v. Jenks, 43 Or App 221, 602 P2d 681 (1979)

Where defendant was not arraigned within 36 hours as re­quired by this sec­tion but was arraigned after appoint­ment of attorney, noncompliance with this sec­tion did not result in denial of due process. Barnes v. Cupp, 44 Or App 533, 606 P2d 664 (1980), Sup Ct review denied

Where peti­tioner appeared in district court on an in­for­ma­­tion charging at­tempted burglary in first de­gree and being an ex-convict in pos­ses­sion of concealable firearm, pro­ceed­ing was not for arraign­ment as term is used in this sec­tion. Shipley v. Cupp, 59 Or App 283, 650 P2d 1032 (1982)

Language of this statute creates liberty interest in freedom from incarcera­tion without speedy pretrial pro­ce­dures. Oviatt v. Pearce, 954 F2d 1470 (1992)

Completed Cita­tions

State v. Riner, 6 Or App 72, 485 P2d 1234 (1971), Sup Ct review denied

Law Review Cita­tions

53 OLR 286-288 (1974)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information