Oregon Revised Statutes

Or. Rev. Stat. § 135.035 (2026)

Bringing in defendant not yet arrested or held to answer

✓ current as of May 2026
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      135.035 Bringing in defendant not yet arrested or held to answer. When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110. [Formerly 135.140]

Notes of Decisions
Cited in 3 cases, 1985–2019 · leading case: State v. Mende, 741 P.2d 496 (Or. 1987).
State v. Mende, 741 P.2d 496 (Or. 1987). “While the 16-month delay between indictment and arrest in this case was caused by the state, and budgetary restrictions do not justify the state’s failure promptly to arrest or otherwise inform a person indicted for a crime that the charge exists and that he should begin to…”
State v. McColly, 435 P.3d 715 (Or. 2019). “at 133; see also ORS 135.035 (current codification; same).”
State v. Livingston, 699 P.2d 1131 (Or. Ct. App. 1985). “” ORS 135.035. In this case, defendant was arrested on the warrant issued pursuant to the original indictment.”
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