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What Is an Arraignment Hearing in Oregon?

Written by:
Monica Nolan

What Is an Arraignment Hearing in Oregon?

The arraignment hearing is defendant’s first formal appearance in court after charges are filed. In Oregon, an initial appearance and arraignment are the same thing. Its primary purpose is to advise the defendant of their rights and the accusations against them, determine whether counsel will be provided, and, in many cases, allow the defendant to enter a plea or otherwise set the path for the case’s next steps.

Key Legal Foundations & Timing

  • Under ORS 135.010, once the accusatory instrument is filed and the defendant is arrested (or as soon thereafter as possible), the defendant must be arraigned. For incustody defendants, the arraignment must take place within 36 hours (excluding weekends and holidays).
  • For out of custody defendants, arraignment must occur within 96 hours after formal charges are filed (unless ORS 133.060 applies). Under ORS 133.060, a person served with a criminal citation must appear before a magistrate in the county where cited at the time, date, and court specified— no later than 30 days after the citation is issued.
  • Oregon law also lays out the defendant’s appearance requirements. Under ORS 135.030, a defendant must appear in person for a felony arraignment; for misdemeanors, they may appear either in person or by counsel, and the court may require remote appearance under certain conditions.

What Happens at the Arraignment Hearing

At the arraignment, the court handles these essential functions:

  1. Formal reading of charges & advisement of rights
    The judge or court reads the charges in the accusatory instrument (complaint, information, or indictment) and informs the defendant of their constitutional and statutory rights, such as the right to counsel, the right to a jury trial, to confront witnesses, to remain silent, etc.
  2. Determining counsel / appointment of defense attorney
    If the defendant cannot afford an attorney, the court will typically appoint counsel, provided the defendant qualifies under financial eligibility rules.
  3. Entering a plea (or not entering one at that time)
    Depending on the case (and court) and whether counsel is present, the defendant may enter a plea of “guilty,” “not guilty,” or “no contest.”
  4. Release or bail decision / conditions of release
    The court may decide or confirm whether the defendant is held in custody, released on recognizance, released with conditions, or required to post bail (security).
    Conditions often include “no contact” orders with victims, travel restrictions, CAM monitoring, or a bail.
  5. Scheduling further proceedings
    After arraignment, the court will schedule the next steps: omnibus or motion hearings, discovery deadlines, plea deadlines, or trial settings. The arraignment often sets the procedural timeline for the remainder of the case.

Practical Tips & Considerations

  • Be prompt and prepared. Arrive early to ensure that you do not miss your Arraignment. If you do not show, most judges will issue a bench warrant for failing to appear.
  • Don’t rush a plea. If you don’t have counsel yet, or if you are unsure, it’s often better to enter “not guilty” to preserve your rights and allow time for investigation.
  • Listen to your attorney’s advice. Whether to seek bail, waive conditions, or negotiate a plea, these decisions are strategic and fact dependent. Call our firm at 541-508-4716 and tell the judge that you are in the process of seeking private counsel and would like additional time.
  • Know that practices can vary by county or circuit. While the statutory framework is statewide, scheduling, docket practices, and pretrial services differ in each local jurisdiction. An experienced defense attorney can help navigate these practices.

Call or text G. R. Johnson Law, LLC at 541-585-2222 if you have been injured in an accident. We can help.

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