2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 136
136.040 When presence of defendant is necessary.


OR Rev Stat § 136.040 (through Leg Sess 2011) What's This?

(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. [Amended by 1973 c.836 225; 1993 c.533 3; 1999 c.1051 123]

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