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Open Oregon is an educational and charitable organization with a single mission: to assist and educate the general public, students, educators, public officials, media and legal professionals to understand and exercise:
- Their rights to open government.
- Their rights and responsibilities under the Oregon Public Meetings and Records laws.
Chapter 6: State Criminal Procedure
The state criminal procedure includes a set of legal proceedings for both a felony case and a misdemeanor case.
Felony Proceedings
Legal proceedings in a felony case typically follow a series of steps from arrest through review by the Oregon Supreme Court. Though proceedings are generally initiated with the arrest (Step 1) , they can also be initiated with the filing of information (Step 3), or the return of an indictment by the grand jury (Step 5). If proceedings are initiated at Step 3 or Step 5, a warrant for the arrest of the defendant is usually issued when the information or indictment is filed.
Conditional Release — release that imposes regulations on the activities and associations of the defendant; or
Security Release — release conditioned on a promise to appear that is secured by cash, stocks, bonds, or real property. (This is what historically would have been referred to as posting bail. A defendant is entitled to be released upon posting a security deposit that is 10 percent of the total security amount).A judge is likely to impose the least onerous condition reasonably likely to assure the defendant’s later appearance. A defendant in custody shall have the immediate right to security release or shall be taken before a magistrate without undue delay for a release decision. Release authority may be delegated to a release assistance officer. After conviction, the trial judge has discretion whether to grant release pending appeal.
Misdemeanor Proceedings
Legal proceedings in a misdemeanor case typically follow a series of steps starting with the arrest of the defendant. The proceedings could also be initiated with the filing of a complaint (Step 3), followed by the issuance of a warrant for the arrest of the defendant. Except as described below, the descriptions of procedures followed in a misdemeanor case are the same as those discussed under felony procedures.
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