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Oregon Revised Statutes

Or. Rev. Stat. § 135.380 (2026)

Time of entering plea; aid of counsel

✓ current as of May 2026
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      135.380 Time of entering plea; aid of counsel. (1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.

      (2) A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.

      (3) Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 to 135.325, 135.335, 135.355, 135.360 and 135.375, the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1979–2025 · leading case: State v. Harrell / Wilson, 297 P.3d 461 (Or. 2013).
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State v. Harrell / Wilson, 297 P.3d 461 (Or. 2013). · cites it 2× “, ORS 135.380(2) (defendant 13 may plead guilty, thus waiving jury trial, at arraignment "or any time thereafter"); ORS 14 135.”
State v. Clevenger, 683 P.2d 1360 (Or. 1984). · cites it 2× “Only matters relating to the sentence may be considered unless, as a matter of law, there has been no valid guilty plea under ORS 135.380(2) and, therefore, no conviction.”
State v. Meyrick, 831 P.2d 666 (Or. 1992). “” ORS 135.380 provides that a defendant shall not be required to plead to an offense punishable by imprisonment until represented by counsel, unless the defendant “knowingly” waives the right to counsel.”
State v. Reichert, 593 P.2d 1298 (Or. Ct. App. 1979). · cites it 8× “" The Criminal Law Revision Commission's Commentary to ORS 135.380 states: "The main purpose of the section is to try to provide for the efficient and expeditious handling of pleas by the courts, while protecting the rights of the individual defendant during a `critical stage'…”
State v. Evans, 617 P.2d 942 (Or. Ct. App. 1980). · cites it 2× “The acceptance of the plea contravened the terms of ORS 135.380(2), which provides: "A defendant with counsel may plead guilty or no contest on the day of arraignment or any time thereafter.”
State v. Clevenger, 667 P.2d 9 (Or. Ct. App. 1983). · cites it 2× “Only matters relating to the sentence may be considered unless, as a matter of law, there has been no valid guilty plea under ORS 135.380(2) 1 and, therefore, no conviction.”
Shipley v. Cupp, 650 P.2d 1032 (Or. Ct. App. 1982). · cites it 10× “gnment 3 petitioner asserts that he was denied effective assistance of counsel on direct appeal, because appellate counsel failed to specify as error 1) lack of a knowing, intelligent and voluntary waiver of petitioner’s right to counsel and 2) that petitioner was allowed to…”
State v. Dawson, 644 P.2d 665 (Or. Ct. App. 1982). · cites it 2× “In Reichert the defendant entered an uncounseled guilty plea to a felony charge on the day of arraignment, in violation of ORS 135.380(2). We held that because the court violated the statute by accepting the guilty plea at the time it did, it had no authority to accept the plea,…”
State v. Pedersen, 566 P.3d 24 (Or. Ct. App. 2025). “If the defendant does not want counsel, “the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel.”
State v. Boettcher, 338 Or. App. 783 (Or. Ct. App. 2025). · cites it 2× “Pursuant to ORS 135.380(2), a defendant may plead guilty at “arraignment or any time thereafter.”
State v. Harrell / Wilson (Or. 2013). “, ORS 135.380(2) (defendant may plead guilty, thus waiving jury trial, at arraignment “or any time thereafter”); ORS 135.”
— Or. Rev. Stat. § 135.380(2) — 10 cases
State v. Harrell / Wilson, 297 P.3d 461 (Or. 2013). “, ORS 135.380(2) (defendant 13 may plead guilty, thus waiving jury trial, at arraignment "or any time thereafter"); ORS 14 135.”
State v. Clevenger, 683 P.2d 1360 (Or. 1984). “Only matters relating to the sentence may be considered unless, as a matter of law, there has been no valid guilty plea under ORS 135.380(2) and, therefore, no conviction.”
State v. Evans, 617 P.2d 942 (Or. Ct. App. 1980). “The acceptance of the plea contravened the terms of ORS 135.380(2), which provides: "A defendant with counsel may plead guilty or no contest on the day of arraignment or any time thereafter.”
State v. Reichert, 593 P.2d 1298 (Or. Ct. App. 1979). “" The Criminal Law Revision Commission's Commentary to ORS 135.380 states: "The main purpose of the section is to try to provide for the efficient and expeditious handling of pleas by the courts, while protecting the rights of the individual defendant during a `critical stage'…”
State v. Clevenger, 667 P.2d 9 (Or. Ct. App. 1983). “Only matters relating to the sentence may be considered unless, as a matter of law, there has been no valid guilty plea under ORS 135.380(2) 1 and, therefore, no conviction.”
— Or. Rev. Stat. § 135.380(3) — 1 case
State v. Boettcher, 338 Or. App. 783 (Or. Ct. App. 2025). “Pursuant to ORS 135.380(2), a defendant may plead guilty at “arraignment or any time thereafter.”
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