2017 ORS 135.380¹
Time of entering plea
  • aid of counsel

(1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.

(2) A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.

(3) Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 (Types of answer) to 135.325 (Pleading a judgment), 135.335 (Pleading by defendant), 135.355 (Presentation of plea), 135.360 (Special provisions relating to presentation of plea of guilty or no contest) and 135.375 (Pleading to offenses in other counties), the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]

See also annota­tions under ORS 135.380 (Time of entering plea) and 135.410 in permanent edi­tion.

Notes of Decisions

Where peti­tioner appeared in district court on basis of in­for­ma­­tion charging felonies, pro­ceed­ing was not for arraign­ment as term is used in ORS 135.010 (Time and place) and acceptance by circuit court of peti­tioner’s guilty plea without assistance of counsel at time of actual arraign­ment violated this sec­tion. Shipley v. Cupp, 59 Or App 283, 650 P2d 1032 (1982)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.