Oregon Revised Statutes
Or. Rev. Stat. § 135.115 (2026)
Waiver of right to make statement
✓ current as of May 2026
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135.115 Waiver of right to make statement. If the defendant waives the right of the defendant to make a statement, the fact of the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.710; 1991 c.790 §13]
135.120 [Repealed by 1973 c.836 §358]
Notes of Decisions
Cited in 2
cases, 1978–1986 · leading case: State v. Smith, 725 P.2d 894 (Or. 1986).
State v. Smith, 725 P.2d 894 (Or. 1986). “" ORS 135.115: "If the defendant waives the right of the defendant to make a statement, the magistrate shall make a memorandum thereof in the proceedings; but the fact of the waiver cannot be used against the defendant on the trial.”
State v. Sheppard, 581 P.2d 549 (Or. Ct. App. 1978). “225 provides: "When the magistrate has held the defendant to answer, he shall at once forward to the court in which the defendant would be triable the warrant, if any; the information; the statement of the defendant, if he made one; the memoranda mentioned in ORS 135.115 and…”
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