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Oregon · Through 2025 Edition

ORS 136.040: When presence of defendant is necessary.

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Where this section sits in the code
  1. 04 - Criminal Procedure, Crimes
  2. 14. Procedure in Criminal Matters Generally
  3. Chapter 136 — Criminal Trials

(1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.

      (2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568.

Collected 2026-09-03T23:50:11Z. Source file · JSON

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