26-008 Pretrial Release Order — physical PDF page 5
Page 5 – Presiding Judge Order 26-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 c) Failure to Appear (ORS 162.195, a misdemeanor, except if the charge is related to an existing release agreement;) d) Felon in Possession of Firearm; e) Stalking (Misdemeanor, under a conditional release with no contact with the protected person;) f) Defendants held because of overriding circumstance if there are no threats of violence; g) Violations of Court Ordered no Trespassing Violations; h) Giving False Information to a Peace Officer (ORS 162.95) where the jurisdiction of the warrant origination is not going to extradite; i) Outstanding warrant arrests if the jurisdiction of the warrant origination is not going to extradite. 10. Nothing in this order impacts the statutory authority of the local correctional facilities pursuant to ORS chapter 169 nor authority granted by ORS 137.520. This Order does not apply to any judicially authorized warrants nor the security required therein. 11. If released on a conditional release, the individual must be given a date and time to appear no more than 96 hours from the time of release to appear in front of a magistrate for arraignment. 12. The District Attorney has the authority to direct that an individual be released without conditions on their own recognizance. If an individual is released on their own recognizance, they will be given a date not less than 25 days and no more than 30 days from release to appear for further proceedings. 13. At the time of the first appearance on either a conditional or a recognizance release: a. If charges are filed, the individual will be arraigned and provided a future date for entry of plea. The court will not accept any changes of plea to charges prior to the next court date unless agreed to by the prosecution and defense. b. If no charges are filed, the court will advise the individual on the record that they are released from their conditions (if applicable,) and that they should inform the District Attorney of their contact information so that a citation can be served upon them if charges are filed at a later date. 14. If charges are filed after the first appearance date: a. If the individual appeared as required at the first scheduled hearing, the defendant will be cited into court under the following process: 1) The District Attorney will provide a citation form with the charging instrument. 2) Court staff will provide a court date on the citation and return it to the District Attorney. 3) Court staff will make a ‘service packet’ for the District Attorney, consisting of a copy of the citation, a certified copy of the charging
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Publisher URL: https://www.courts.oregon.gov/courts/grant/go/SiteAssets/Pages/Presiding-Judge-Orders/26-008%20Pretrial%20Release%20Order.pdf