Oregon Statutes - Chapter 156 - Proceedings and Judgment in Criminal Actions

• 156.010   Criminal procedure statutes govern generally.
  A criminal action in a justice court is commenced and proceeded in to final determination, and the judgment therein enforced, in the manner provided in...
• 156.020   Filing complaint as commencement of action.
  In a justice court, a criminal action is commenced by the filing of the complaint therein, verified by the oath of the person commencing the...
• 156.030   Form and sufficiency of complaint.
  The form of the complaint and the sufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Amended by 1973 c.836 §330]
• 156.040   Security for costs.
  Before filing or receiving the complaint in a criminal action, the justice may require the complainant to give security for costs and disbursements in the...
• 156.050   Warrant of arrest; authority.
  The authority of a justice of the peace to issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by 1969 c.244...
• 156.060   Issuance, requisites and execution of warrant of arrest.
  A warrant of arrest in a criminal action in a justice court is issued, directed and executed in all respects as the warrant mentioned in...
• 156.070   Reading complaint to defendant; defendant to plead.
  When the defendant is brought before the justice, the complaint shall be read to the defendant and the defendant shall plead thereto.
• 156.080   Defendant’s plea; refusal to plead.
  The defendant may plead the same pleas as upon an indictment. The plea shall be oral and entered in the docket. If the defendant refuses...
• 156.090   Action to be tried within one day unless continued.
  When the defendant is brought before the justice upon the warrant of arrest, the action shall be tried within one day thereafter, unless continued for
• 156.100   Change of place of trial.
  Change of place of trial in criminal actions in justice courts is in all manners and respects governed as provided in ORS 131.305 to 131.415....
• 156.110   Trial by court or jury.
  Upon a plea of not guilty, if the defendant does not then demand a trial by jury, the justice shall proceed to try the issue....
• 156.120   Injured person must appear or be subpoenaed.
  No judgment of conviction or acquittal can be given in a criminal action in a justice court unless the person injured appears or is subpoenaed...
• 156.130   Demand for and selection of jury.
  If a trial by jury is demanded, a jury shall be selected and summoned as in a civil action in a justice court. Each party...
• 156.140   Rendition and entry of verdict on docket.
  When the jury has agreed upon a verdict, it shall deliver the same to the justice publicly, who shall enter it in the docket of...
• 156.150   [Repealed by 1979 c.447 §4]
• 156.160   Jury trial without prepayment of trial fee; payment after judgment.
  In a criminal action in a justice court, prepayment of the trial fee is not a prerequisite to having a jury trial. If a jury...
• 156.210   Judgment on plea of guilty, no contest or on conviction.
  When the defendant pleads guilty, no contest, or is convicted, either by the justice or the jury, the justice shall give judgment thereon for such...
• 156.220   Judgment imposing monetary obligation; requirements.
  Except as provided in ORS 18.048 (3) and (4), any judgment rendered by a justice court on an offense that imposes a monetary obligation must...
• 156.230   Money judgments; enforcement.
  Money judgments rendered by the court may be enforced in the manner provided by ORS 52.600. [Amended by 1993 c.223 §5; 1999 c.788 §40]
• 156.240   Judgment entry or certified copy as evidence.
  An entry of judgment or a certified copy of the judgment is conclusive evidence of the facts stated therein. [Amended by 1999 c.788 §41]
• 156.250   [1991 c.67 §32; repealed by 1999 c.788 §42]
• 156.260   [Repealed by 1999 c.788 §42]
• 156.270   Discharge of defendant upon finding the defendant not guilty.
  When the defendant is found not guilty by the justice or a jury, the defendant shall be immediately discharged.
• 156.280   Entry that prosecution was malicious or without probable cause.
  When the defendant is found not guilty, if it appears that the prosecution was malicious or without probable cause, the justice shall make an entry...
• 156.290   Judgment against complainant for costs and disbursements.
  Upon making the entry prescribed in ORS 156.280, the justice shall give judgment against the complainant for the costs and disbursements of the action and...
• 156.300   Enforcement of judgment against complainant.
  If the complainant does not pay the judgment, or give the required security therefor, it may be enforced against the complainant in all respects as...
• 156.310   Payment of fine and costs by defendant.
  If the fine and costs, or any part thereof, are paid before commitment, they shall be paid to the justice. Thereafter they shall be paid...
• 156.315   Assignment of judgment to Department of Revenue.
  (1) A justice court may assign a judgment in a criminal action, as described in ORS 137.118 (1) to (5), to the Collections Unit in...
• 156.320   [1971 c.423 §3; repealed by 1973 c.836 §358]
• 156.410   Release of defendant before trial.
  At any time before the commencement of the trial, the justice shall release the defendant under the procedures set forth in ORS 135.230 to 135.290....
• 156.420   [Repealed by 1973 c.836 §358]
• 156.430   [Repealed by 1973 c.836 §358]
• 156.440   Commitment of defendant.
  If the defendant is not released from custody as provided in ORS 135.230 to 135.290 when brought before the justice upon the warrant of arrest,...
• 156.450   Form of commitment.
  The commitment shall be signed by the justice with the name of office of the justice and may be substantially as follows: ______________________________________________________________________________ JUSTICE COURT...
• 156.460   How commitment is executed.
  When committed, the defendant shall be delivered to the custody of the proper officer by any peace officer to whom the justice may deliver the...
• 156.520   Function of district attorney in justice court.
  The district attorney may prosecute an action and if requested by the court shall prosecute an action in a justice court and attend an examination...
• 156.530   Disposition of money paid on judgment.
  (1) Any money paid to the justice court upon a judgment in a criminal action shall first be applied to the costs of the action....
• 156.610   [Amended by 1969 c.619 §14; repealed by 1977 c.876 §9 (46.800 enacted in lieu of 156.610)]
• 156.620   [Amended by 1973 c.836 §337; repealed by 1977 c.876 §9 (46.800 enacted in lieu of 156.620)]
• 156.630   [Repealed by 1975 c.611 §24]
• 156.640   [Amended by 1965 c.510 §23; repealed by 1977 c.876 §9 (46.800 enacted in lieu of 156.640)]
• 156.650   [1959 c.559 §1; 1971 c.186 §1; repealed by 1977 c.876 §9 (46.800 enacted in lieu of 156.650)]
• 156.705   Jurisdiction over offenses against animals.
  Justices of the peace shall have concurrent jurisdiction over all offenses committed under ORS 167.315 to 167.333 and 167.340. [Formerly 770.260; 1985 c.662 §14; 1999...

Last modified: August 7, 2008