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Oregon Revised Statutes

Or. Rev. Stat. § 135.010 (2026)

Time and place

✓ current as of May 2026
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      135.010 Time and place. When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060, the arraignment shall be held within 96 hours after the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12]

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1979–2025 · leading case: State v. Mendacino, 603 P.2d 1376 (Or. 1979).
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State v. Mendacino, 603 P.2d 1376 (Or. 1979). · cites it 7× “No reason appears in the record why the arraignment was not held during the first 36 hours of custody as required by ORS 135.010. 3 *235 An indictment was filed in the circuit court on Wednesday, November 9, 1977, charging the defendant with murder.”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). · cites it 2× “5, 44 (Lexis 2006); (33) Oregon: see Ore. Rev. Stat. §§135.010, 135.040, 135.050 (2007); (34) Pennsylvania: see Pa.”
Barnes v. Cupp, 606 P.2d 664 (Or. Ct. App. 1980). · cites it 3× “Because of the lack of the record, this Court cannot determine that Petitioner was arraigned as required by ORS 135.010 nor can it determine that Petitioner was afforded due process as provided by the Fourteenth Amendment of the Constitution of the United States.”
State v. Person, 853 P.2d 813 (Or. 1993). · cites it 2× “, ORS 135.010 (arraignment must be held within 36 hours except for good cause shown or at defendant's request if in custody); ORS 135.”
State v. Benoit, 311 P.3d 874 (Or. 2013). “310(l)(b), and held in jail for 36 hours or more before arraignment, ORS 135.010, and for up to 180 days between arraignment and trial, ORS 136.”
Anthony Lee CHANEY, Petitioner-Appellant, v. Terry STEWART, Dir., Arizona Dep't of Corr., Respondent-Appellee, 156 F.3d 921 (9th Cir. 1998). “” Or.Rev.Stat. § 135.010. . The majority's reliance on Sandin v.”
State v. Clay, 734 P.2d 400 (Or. Ct. App. 1987). · cites it 4× “On March 19, he was released, because he had not been arraigned within 36 hours, as required by ORS 135.010. During the release process, he signed a release agreement which required him to appear on April 7 to answer the charge of forgery.”
State v. Vasquez-Hernandez, 977 P.2d 400 (Or. Ct. App. 1999). · cites it 2× “Because there was no preliminary hearing, the Defendant was not given his right to make a statement as required by ORS 135.100. Also because of this, the Defendant was not given a right to provide this statement to the Grand Jury as required by ORS 135.”
State v. Nation, 636 P.2d 1001 (Or. Ct. App. 1981). · cites it 3× “He assigns as error denial of his pretrial motions to suppress: (1) all statements made by him, because his arrest was unlawful; (2) all statements made by him while in custody, because he was not arraigned within the time specified in ORS 135.010; and (3) any in-court…”
State v. Piskorowski, 909 P.2d 897 (Or. Ct. App. 1996). · cites it 2× “Because a defendant must be arraigned before the court in which the accusatory instrument is found, ORS 135.010, 4 this is an official act of the trial court that indicates that defendant was arraigned on the circuit court information.”
State v. Pedersen, 566 P.3d 24 (Or. Ct. App. 2025). · cites it 2× “With respect to timing, ORS 135.010 provides: “When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.”
State v. Jenks, 602 P.2d 681 (Or. Ct. App. 1979). · cites it 4× “ORS 135.010 was amended by Oregon Laws 1973, hapter 836, section 130.”
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