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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 15 PROCEDURE IN CRIMINAL ACTIONS IN JUSTICE COURTS
Chapter : Chapter 156 Proceedings and Judgment in Criminal Actions
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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 the criminal procedure statutes, except as otherwise specifically
provided by statute. [Amended by 1973 c.836 §329]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 action, who is thereafter known as the complainant. [Amended by 1959
c.426 §4] 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] 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 amount authorized in
civil actions; and not otherwise. [Amended by 1959 c.426 §5] 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 §4; 1983 c.661 §13; 1999 c.1051 §131] 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 ORS
133.140. [Amended by 1977 c.746 §12] When
the defendant is brought before the justice, the complaint shall be read
to the defendant and the defendant shall plead thereto. 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 to plead, the justice shall enter
the fact, together with the plea of not guilty, on behalf of the
defendant. 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
cause. 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. [Amended by 1973 c.836
§331] 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. [Amended by 1973 c.836 §332] 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 to attend the
trial as a witness. 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 may take challenges for cause and two
peremptory challenges, except that when the jury is selected in the
manner provided in ORS 54.060 to 54.160, as to any juror so selected,
neither party may take a peremptory challenge. 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 the justice.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 trial
is demanded and judgment is against the defendant, the fee shall be
allowed and taxed in favor of the state as other disbursements in
ordinary cases.JUDGMENT AND EXECUTION IN JUSTICE COURTS
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
punishment as may be prescribed by law for the crime. [Amended by 1973
c.836 §333] 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 contain the
separate section required by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788
§39; 2003 c.576 §97; 2005 c.568 §29a] 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] 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]When the defendant is found not guilty by the justice or a jury,
the defendant shall be immediately discharged.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 to that effect in the docket of the justice.
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 require the complainant to pay the same or give satisfactory
security therefor, by a written undertaking with one or more sureties, to
pay the same to the justice within 30 days from the date of the judgment.
[Amended by 1959 c.426 §6] 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 a
judgment for a fine in a criminal action; but if the complainant gives
the required security, the judgment may be enforced at the expiration of
the 30 days against the complainant and the sureties of the complainant
in the undertaking in all respects as a judgment for money in a civil
action. [Amended by 1959 c.426 §7] 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 to the officer in
whose custody the defendant is at the time of the payment, which officer
shall immediately pay the same to the justice. (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 the Department of
Revenue for the following purposes:
(a) To determine whether refunds or other sums are owed to the
debtor by the department; and
(b) To deduct the amount of the debt from any refunds or other sums
owed to the debtor by the department.
(2) If the Collections Unit determines that refunds or other sums
are owed to the debtor, the department shall deduct the amount of the
debt from any refunds or other sums owed to the debtor by the department.
After also deducting costs of its actions under this section, the
department shall remit the amount deducted from refunds or other sums
owed to the debtor to the justice court that assigned the judgment.
(3) A debtor whose account is assigned to the Department of Revenue
for setoff under this section is entitled to the notice required by ORS
293.250 (3)(d) and to the opportunity for payment in ORS 293.250 (3)(c).
[2003 c.375 §2]
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. [Amended by 1973
c.836 §335] 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, the defendant shall be continued
in the custody of the officer or, if the court is held in the vicinity of
the county jail, committed to jail, to answer the action, as the justice
may direct. [Amended by 1973 c.836 §336] The commitment shall be signed by the
justice with the name of office of the justice and may be substantially
as follows:
___________________________________________________________________________
JUSTICE COURT FOR
THE DISTRICT OF ______State of Oregon, County of ______IN THE NAME OF
THE STATE OF OREGONTo the sheriff of the county aforesaid:An order having this day been made by me that A. B. be committed
for trial in a criminal action against A. B. for the crime of
(designating it generally), you hereby are commanded to receive A. B.
into your custody and detain A. B. accordingly or until A. B. is
otherwise legally discharged.
Dated at______, this ___ day of______, 2__.C. D., Justice of the Peace
___________________________________________________________________________
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 commitment, first indorsing
thereon, substantially, as follows: “I hereby authorize and command E. F.
to deliver this commitment, together with the defendant therein named, to
the custody of the sheriff of the County of______.”If in the course of the trial it appears to the justice that the
defendant has committed a crime not within the jurisdiction of a justice
court, the justice shall dismiss the action, state in the entry the
reasons therefor, hold the defendant upon the warrant of arrest and
proceed to examine the charge as upon an information of the commission of
crime. 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
before a magistrate, either in person or by someone appointed by the
district attorney for that purpose, and in any case the district attorney
shall control the proceedings on behalf of the state. [Amended by 1981
c.863 §1]
(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. The remainder shall be paid by the
justice court to the treasurer of the county, to be appropriated as
provided by law.
(2) Money paid pursuant to subsection (1) of this section shall be
delivered by the justice court to the treasurer not later than the last
day of the month immediately following the month in which the money is
collected. [Amended by 2003 c.687 §6]
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 c.788 §48]
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