Title 14, Procedure in Criminal Matters Generally

In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary for the defendant to state the facts conferring jurisdiction; but the judgment, determination, or proceeding may be stated to have been duly given…

(1) The kinds of plea to an indictment, information or complaint, or each count thereof, are: (a) Guilty. (b) Not guilty. (c) No contest. (2) A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due considerati…

A judgment following entry of a no contest plea is a conviction of the offense to which the plea is entered. [1973 c.836 §160]

(1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms: (a) “The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument.” (b) “The defendant pleads that defendant is not gu…

(1) Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put…

The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor. [Formerly 135.850]

The plea of not guilty controverts and is a denial of every material allegation in the accusatory instrument. [Formerly 135.860]

(1) As used in this section: (a) “Initiating county” means the county in which the defendant appears for the purpose of entering a plea to a criminal charge. (b) “Responding county” means a county in which another criminal charge is pending against the defendant entering a plea i…

(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 arraign…

(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge. (2) The court shall inform…

(1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made. (2) The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a p…

After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 §169] (Plea Discussions and Agreements)

(1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415 and the prohibitions set forth in ORS 135.418, the district attorney may enga…

In cases arising from felonies committed on or after November 1, 1989: (1) Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately rep…

In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations: (1) The defendant by the plea of the defendant has aided in insuring the pro…

(1) A prosecuting attorney may not condition a defendant’s plea offer on: (a) The defendant’s waiver of: (A) The disclosure obligation of ORS 135.815 (1)(g). (B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270, if the indictment…

(1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant. (2) To aid the defendant in reaching a decision, defense counsel, af…

(1)(a) The trial judge may not participate in plea discussions, except: (A) To inquire of the parties about the status of any discussions; (B) To participate in a tentative plea agreement as provided in subsections (2) to (4) of this section; (C) To make the inquiries required by…

(1) Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding: (a) The fact that the defendant or the counsel of the defendant and the district …

(1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding. (2) No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of gu…

(1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shal…

When the defendant is acquitted on the merits, the defendant is considered acquitted of the offense charged in the accusatory instrument, notwithstanding a defect in form or substance in the accusatory instrument on which the defendant is acquitted. [Formerly 135.880] PRETRIAL MO…

(1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged. (2) The time of making the motion and its effect shall be as provided for a motion to se…

(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: (a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580. (b) When the names of the witnesses examined before…

A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking…

(1) If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless …

Subject to the limitations of ORS 135.530 (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or …

Except for an order dismissing an accusatory instrument on grounds of former jeopardy, an order to set aside an indictment or to dismiss an accusatory instrument is no bar to a future prosecution for the same crime. [Amended by 1973 c.836 §182] DEMURRERS

(1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. (2) The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify…

The defendant may demur to the accusatory instrument when it appears upon the face thereof: (1) If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within…

When the objections mentioned in ORS 135.630 appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute…

Upon the filing of the demurrer, the objections presented thereby shall be heard either immediately or at such time as the court may direct.

Upon considering the demurrer, the court shall give judgment, either allowing or disallowing it, and an entry to that effect shall be made in the register. [Amended by 1985 c.540 §33]

(1) If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the same crime unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new accusatory instrum…

If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement shall be discharged. If the defendant has deposited any security, the …

If the court allows the case to be resubmitted, the same proceedings shall be had thereon as are prescribed in ORS 135.540. [Amended by 1973 c.836 §188]

If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith or at such time as the court may allow; but if the defendant does not plead, a plea of not guilty shall be entered. [Amended by 1…

(1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed: (a) By or upon a peace o…

(1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment di…

A judgment entered under ORS 135.705 is a bar to another prosecution for the same crime. [Formerly 134.030; 2009 c.484 §10]

No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS 135.703 to 135.709 and 135.745 to 135.757. [Formerly 134.040] SUFFICIENCY OF ACCUSATORY INSTRUMENTS

For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission. [1989 c.790…

Neither presumptions of law nor matters of which judicial notice is taken need be stated in an accusatory instrument. [Formerly 132.570]

No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. [Formerly 132…

The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a ma…

In an accusatory instrument for an offense committed as described in ORS 131.315 and 131.325, it is sufficient to allege that the offense was committed within the county where the accusatory instrument is found. [Formerly 132.620]