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Oregon Revised Statutes

Or. Rev. Stat. § 135.095 (2026)

Right of defendant to make or waive making a statement

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      135.095 Right of defendant to make or waive making a statement. When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right of the defendant to make a statement in relation to the charge against the defendant; that the statement is designed to enable the defendant, if the defendant sees fit, to answer the charge and explain the facts alleged against the defendant; that the defendant is at liberty to waive making a statement; and that the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.680]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1981–2021 · leading case: State v. Smith, 725 P.2d 894 (Or. 1986).
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State v. Smith, 725 P.2d 894 (Or. 1986). · cites it 12× “) [4] The following statutes are part of the statutory scheme: ORS 135.095: "When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right of the defendant to make a statement in relation to the charge…”
State v. Clark, 630 P.2d 810 (Or. 1981). · cites it 2× “090; the right to make an unsworn statement subject only to limited questioning by the magistrate, ORS 135.095, 135.100; and ultimately, the right to the judgment of a trained judicial officer whether probable cause for the prosecution has been shown, based on evidence which the…”
State v. Freeland, 667 P.2d 509 (Or. 1983). · cites it 2× “090; the right to make an unsworn statement subject only to limited questioning by the magistrate, ORS 135.095, 135.100; and ultimately, the right to the judgment of a trained judicial officer whether probable cause for the prosecution has been shown, based on evidence which the…”
State v. Douglas, 641 P.2d 561 (Or. 1982). · cites it 2× “Under ORS 135.095, the defendant at a preliminary hearing is permitted at his option to make an unsworn statement in his defense.”
State v. Belleque, 494 P.3d 1004 (Or. Ct. App. 2021). “090; the right to make an unsworn statement subject only to limited questioning by the magistrate, ORS 135.095, 135.100; and ultimately, the right to the judgment of a trained judicial officer whether probable cause for the prosecution has been shown, based on evidence which the…”
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