Or. Rev. Stat. § 133.076
Failure to appear on criminal citation
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133.076 Failure to appear on criminal citation. (1) A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following:
(a) Make an appearance in the manner required by ORS 133.060.
(b) Make appearance at the time set for trial in the criminal proceeding.
(c) Appear at any other time required by the court or by law.
(2) Failure to appear on a criminal citation is a Class A misdemeanor. [1999 c.1051 §64 (enacted in lieu of 133.075)]
133.077 [1991 c.592 §2; repealed by 1999 c.1051 §72]
133.080 [1969 c.244 §7; 1971 c.404 §5; 1975 c.451 §172; 1979 c.477 §2; 1983 c.338 §886; repealed by 1999 c.1051 §72]
133.100 [1971 c.404 §1; 1973 c.836 §67; repealed by 1999 c.1051 §72]
WARRANT OF ARREST
Notes of Decisions
Cited in 21
cases (8 in the last 5 years), 2002–2025 · leading case: State v. Kenny
State v. Kenny (2014)
“In this criminal case, defendant appeals a judgment convicting her of failure to appear on a criminal citation, ORS 133.076. Defendant assigns error to the trial court’s (1) denial of her motion for judgment of acquittal (MJOA), (2) failure to instruct the jury on an element of…”
State v. Jordan (2021)
“894 (Count 1), and failure to appear on a criminal citation, ORS 133.076 (Count 2). In a single assignment of error, defendant chal- lenges that judgment and argues that the trial court erred in denying his motion to suppress because his consent to the search was not voluntary.”
State v. Newcomer (2014)
“010, and failure to appear on a criminal citation, ORS 133.076. Due to an erroneous jury instruction, we reverse and remand the conviction for failure to appear and otherwise affirm.”
State v. Carter (2010)
“135, and failure to appear on a criminal citation, ORS 133.076. Both of her assignments of error concern the failure to appear charge.”
State v. Rambo (2012)
“140, and failure to appear on a criminal citation, ORS 133.076. In a single assignment of error, defendant asserts that the trial court erred in admitting as nonscientific expert opinion evidence or, alternatively, as lay opinion evidence, a police officer’s testimony that, in…”
State v. McColly (2019)
“244, § 9 (describing original crime of failure to appear on a citation); ORS 133.076 (current version). In the context of the 1969 citation statutes-specifically, the phrasing "in lieu of taking the person into custody"-the term "custody" is logically understood as the officer's…”
State v. Servatius (2017)
“In this criminal case, defendant appeals the trial court’s judgment convicting him of multiple offenses, asserting that the trial court erred when it found him guilty of failure to appear on a criminal citation, ORS 133.076, following a bench trial. 1 The issue in this case is…”
State v. Guardipee (2010)
“010, and failure to appear on a criminal citation, ORS 133.076, appeals. She assigns error to (1) the trial court’s failure to give a requested jury instruction defining “driving” and (2) the admission of defendant’s bench warrant as substantive evidence with respect to the…”
State v. Helgeson (2008)
“140; and failure to appear on a criminal citation, ORS 133.076. Defendant appeals from the convictions and asserts that the trial court committed four errors.”
State v. Lindemann (2015)
“700; failure to appear on a criminal citation, ORS 133.076; and second-degree failure to appear, ORS 162.”
State v. Lanier (2018)
“16CR09233, the court entered a judgment of conviction for failure to appear, ORS 133.076. On appeal, defendant seeks relief only from his unlawful possession conviction.”
State v. Warner (2007)
“Thereafter, the district attorney amended the original criminal information to add a third criminal charge against defendant — failure to appear (ORS 133.076). Defendant ultimately was arrested and arraigned on the DUII, reckless driving, and failure to appear charges.”
— Or. Rev. Stat. § 133.076(1) — 5 cases
State v. Jordan (2021)
“894 (Count 1), and failure to appear on a criminal citation, ORS 133.076 (Count 2). In a single assignment of error, defendant chal- lenges that judgment and argues that the trial court erred in denying his motion to suppress because his consent to the search was not voluntary.”
State v. Carter (2010)
“135, and failure to appear on a criminal citation, ORS 133.076. Both of her assignments of error concern the failure to appear charge.”
State v. Kenny (2014)
“In this criminal case, defendant appeals a judgment convicting her of failure to appear on a criminal citation, ORS 133.076. Defendant assigns error to the trial court’s (1) denial of her motion for judgment of acquittal (MJOA), (2) failure to instruct the jury on an element of…”
State v. Newcomer (2014)
“010, and failure to appear on a criminal citation, ORS 133.076. Due to an erroneous jury instruction, we reverse and remand the conviction for failure to appear and otherwise affirm.”
State v. Partin (2024)
— Or. Rev. Stat. § 133.076(l)(a) — 1 case
State v. Servatius (2017)
“In this criminal case, defendant appeals the trial court’s judgment convicting him of multiple offenses, asserting that the trial court erred when it found him guilty of failure to appear on a criminal citation, ORS 133.076, following a bench trial. 1 The issue in this case is…”
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