Oregon Statutes - Chapter 135 - Arraignment and Pretrial Provisions - Section 135.185 - Holding defendant to answer; use of hearsay evidence.

If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider:

(1) The extent to which the hearsay quality of the evidence affects the weight it should be given; and

(2) The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing. [Formerly 133.820; 1981 c.892 §88c; 2007 c.71 §33]

Section:  Previous  135.155  135.160  135.165  135.170  135.173  135.175  135.180  135.185  135.190  135.195  135.200  135.205  135.210  135.215  135.225  Next

Last modified: August 7, 2008