Oregon Arraignment Process: What to Expect After Senate Bill 48

Oregon's criminal justice system processes more than a million people each year. The state courts handled 1,038,745 reported offenses in 2022. The Oregon Arraignment process starts the journey through the court system. The first court appearance happens within 36 hours of arrest if you're in custody. This extends to 96 hours for arrests made on weekends or holidays.

The arraignment process serves a vital purpose. You'll learn about the formal charges against you and your constitutional rights. The scheduling can vary - it might happen the next day or take up to 30 days. Court capacity and case complexity play a big role in this timeline. Your presence at the arraignment is non-negotiable. Skipping it leads to serious trouble. The court will issue a bench warrant for your arrest, and your legal situation gets much worse. Legal representation at this stage can make all the difference. Going through this process without a lawyer puts you nowhere near where you need to be to defend yourself effectively.

Oregon Courts Launch Statewide Arraignment Reform

Oregon's criminal justice system underwent a fundamental change with Senate Bill 48. This bill addressed decades of concerns about the system's fairness. The legislature enacted it in June 2021 and put it into action on July 1, 2022. Its goal was to "reduce reliance on security release and provide statewide guidance for local pre-trial release orders".

What triggered the need for reform?

The push for reform dates back to 1972. The Oregon Criminal Law Revision Commission asked for changes to the state's bail system at that time. All the same, meaningful changes didn't materialize for decades. State officials recognized a significant issue by 2017. The pre-trial security release schedules led to people being detained based on their wealth rather than public safety concerns.

A significant moment arrived in December 2020. The Public Safety Task Force recommended that Oregon should "reduce reliance on security release, repeal presumptive minimum security release amounts, and employ preventive detention law rather than use high security amounts". The Task Force also promoted adding more pre-trial release staff and implementing pre-trial risk assessment tools.

The state faced another challenge with a severe public defender shortage. This created a constitutional crisis. About 160 people sat in jail without legal representation while 3,550 others faced charges without counsel. A federal judge stepped in and ordered Oregon counties to release defendants who didn't get an attorney within a week of their first court appearance.

Which courts are affected by the changes?

These arraignment reforms apply to every Oregon court that handles criminal cases. Before these changes, Oregon law required arraignments within 36 hours of custody for jailed defendants or within 96 hours after arrest for others.

The changes hit Multnomah County especially hard. Portland's home county saw judges dismiss more than 300 cases in 2022 because they couldn't find enough attorneys. The new system requires each jurisdiction's Presiding Judge to establish pre-trial release guidelines through official Presiding Judge Orders.

The reformed system now bases pretrial decisions on prescribed, written, risk-based Judicial Guidelines instead of the defendant's financial ability to post bail.

New Oregon Arraignment Timelines Reshape Legal Process

The new Oregon arraignment process brings stricter timelines and changes to procedure that affect thousands of defendants across the state. The judicial system now handles criminal cases differently. These changes have created a better-organized approach to early court proceedings.

How long after arrest is arraignment now?

Oregon law requires arraignment within 36 hours if you're in custody after arrest. This doesn't include holidays, Saturdays, and Sundays. Anyone arrested during weekends or holidays must have their arraignment within 96 hours. Most in-custody arraignments happen the next business day.

The state makes sure this happens quickly because Oregon's law "creates liberty interest in freedom from incarceration without speedy pre-trial procedures". Defendants who get released after arrest through 'cite and release' usually have their arraignment at their first court date shown on the citation.

Is indictment before arraignment under the new system?

Oregon's system differs from others because arraignments usually happen before grand jury indictments. Clatsop County's guidelines state that "The appearance will occur before the case is brought before a grand jury". Multnomah County has made a big change too. Prosecutors now prefer preliminary hearings over grand juries in many cases.

Recent laws have made the connection between indictments and arraignments clearer: "when the defendant has been arraigned on a charging instrument and a trial date has been scheduled, the district attorney may not submit an indictment to the grand jury concerning the pending case unless the submission occurs at least 10 days before the trial date".

What does arraignment bill of indictment mean in this context?

An Oregon arraignment has several vital parts. The court reads your charges, gives you a copy, and asks for your plea. You can plead guilty, no contest, or not guilty at this crucial point.

The court tells you about your constitutional rights during arraignment, including your right to an attorney. You might get a court-appointed lawyer if you qualify financially. Felony charges require you to show up in person. Misdemeanor cases allow your lawyer to appear for you.

Oregon's counties must now release defendants if they don't get an attorney within a week of their first court appearance. This comes from recent federal court decisions and shows how important this first step in the justice process really is.

DUII and Misdemeanor Cases See Major Shifts

Oregon's judicial system has transformed how it processes DUII (Driving Under the Influence of Intoxicants) cases and misdemeanors. Recent legislative changes have created new procedures that affect both defendants and attorneys handling these common charges.

How 1st DUI in Oregon is handled post-reform

House Bill 2316 expanded Oregon's DUII laws in 2024. The bill broadens what substances qualify as intoxicants. Any substance in your system that guides you to impairment can result in DUII charges. This includes over-the-counter medications used against manufacturer recommendations.

Your first DUII offense gives you four distinct response options at arraignment:

1. Plead not guilty – The court schedules a Case Management Conference and trial if needed
2. Plead guilty without diversion – This results in conviction with minimum penalties, license suspension, and potential risks
3. Plead no contest without diversion – The outcome matches a guilty plea if prosecutor presents sufficient facts
4. Plead guilty/no contest with diversion – The charge gets dismissed upon program completion if you meet eligibility requirements

DUII Diversion eligibility requires you to meet all conditions in the "Defendant's Declaration of Eligibility." You must appear at your first court appearance and file the petition within 30 days. The completion of diversion requires filing fees, assessment, recommended treatment, and no alcohol consumption while operating vehicles.

Can attorneys still appear on behalf of clients?

Your attorney can appear on your behalf at arraignment for misdemeanor cases, including first-time DUII. This option offers substantial flexibility for defendants.

Defendants who represent themselves must attend the arraignment personally. Missing the appearance usually triggers a bench warrant for arrest and might add a "Failure to Appear" charge.

The reformed system values early attorney involvement. Court guidelines state: "You are at a distinct disadvantage if you go to this court appearance alone." Courts generally grant extensions to defendants who need time to find legal representation.

Legal Experts Weigh In on Systemic Impact

Legal professionals in Oregon have raised concerns about the state's new arraignment system. Their worries focus on constitutional protections and systemic challenges.

What attorneys say about the new process

Attorneys have spoken out about constitutional violations in Oregon's arraignment process. One federal judge called it "an embarrassment to the state" and stated that Oregon has effectively "suspended the Constitution when it comes to this group". Legal experts note that about 4,000 Oregonians who face criminal charges don't have legal representation.

The American Bar Association warns attorneys to review all discovery before they discuss plea negotiations with clients. Courts recognize arraignment as a critical stage where constitutional rights apply. Legal precedent states that the right to counsel starts "as early as the commencement of criminal proceedings by indictment or other formal charge".

What happens if you don't show up for arraignment under new rules?

Missing your arraignment now brings stronger penalties. The Multnomah County District Attorney's Office started adding misdemeanor charges for failure to appear in September 2023. They used this policy over 100 times in its first few months.

Oregon law allows courts to issue bench warrants for arrest that often lead to additional criminal penalties. People with active warrants become fugitives, and their cases have no statute of limitations. These stricter enforcement measures try to fix ongoing problems with court attendance that delay case processing.

Missed Arraignment Now Carries New Consequences

Oregon's reformed court system now imposes serious legal penalties on people who skip their arraignment. These consequences become more severe based on the original charges against you.

What happens if you don't show up for arraignment?

Skipping your court date on a felony charge leads to a 1st degree failure to appear charge—a Class C felony that carries prison time up to 5 years and fines reaching $125,000. Defendants with misdemeanor cases face 2nd degree failure to appear charges—a Class A misdemeanor punishable by up to one year in jail and fines up to $6,250.

The court enters a default judgment against you beyond these criminal penalties. Traffic violations result in the full presumptive fine plus an extra $40 failure to appear fee per violation. Your parking citation fines double if you miss your court date.

Missing your court date makes you a fugitive with an active warrant. The law treats failure to appear charges differently - they have no statute of limitations. Oregon courts currently hold thousands of active bench warrants due to missed appearances.

How courts are enforcing attendance under the new system

Oregon courts use several tools to make sure people show up. The court issues a bench warrant right away if someone fails to appear. Your driving privileges face suspension if the ticket remains unpaid 30 days after missing court.

Courts start collection actions 90 days after a missed date. The state requires defendants to give up any bail money posted for their original case.

The new system has built-in notification procedures. Yamhill County's court reminder system has shown real success in getting more people to appear. Oregon's Public Safety Task Force strongly supports these evidence-based reminders.

The problem persists despite these enforcement efforts. No-show rates range from 10-30% in many areas, with some places reporting rates as high as 60%. Different counties define failure to appear differently, which explains this variation in part.

Conclusion

Oregon's criminal justice system has changed dramatically with recent arraignment reforms. Senate Bill 48 has changed how courts handle more than one million cases each year. The system now focuses on risk assessment rather than keeping people in jail based on their wealth. These changes matter if you face charges in Oregon's courts.

New timelines are now stricter than before. Courts must process in-custody arraignments within 36 hours and weekend arrests within 96 hours. The system also clearly defines how indictments and arraignments work together. DUII cases follow their own path with specific choices for defendants during arraignment.

Legal experts worry about protecting constitutional rights in this process. Oregon still lacks enough public defenders despite efforts to add more. About 4,000 Oregonians don't have legal representation right now. Many defendants must direct themselves through this complex system without proper guidance, which puts them at a serious disadvantage.

Missing your arraignment carries bigger penalties under the new system. You could face criminal charges for not showing up. Missed felony arraignments can lead to Class C felonies with five-year sentences. Missed misdemeanor arraignments might result in Class A misdemeanors with one-year sentences. Courts can also issue bench warrants or suspend your license.

Going through this reformed system without a lawyer puts your rights at risk. Handling arraignment by yourself often leads to problems that good legal counsel could prevent. You should talk to an experienced criminal defense attorney who knows Oregon's new arraignment process before you make choices that could affect your future.

Note that arraignment marks a crucial point in your case. Your decisions during this phase—pleading guilty, asking for diversion, or getting a lawyer—can affect the final outcome significantly. Being there on time and making smart choices at arraignment could mean the difference between minimal penalties or years of legal trouble.

FAQs

Q: What are the new arraignment timelines in Oregon? Under the new system, in-custody arraignments must occur within 36 hours of arrest, excluding weekends and holidays. For arrests made during weekends or holidays, arraignments must take place within 96 hours.

Q: How has the DUII process changed in Oregon? For first-time DUII offenses, defendants now have four options at arraignment: plead not guilty, plead guilty without diversion, plead no contest without diversion, or plead guilty/no contest with diversion. The definition of intoxicants has also been expanded to include any substance that leads to impairment.

Q: What happens if I miss my arraignment in Oregon? Missing an arraignment now carries severe consequences. For felony charges, you may face a Class C felony with up to 5 years in prison and $125,000 in fines. For misdemeanors, you could face a Class A misdemeanor with up to one year in jail and $6,250 in fines. Additionally, a bench warrant will be issued for your arrest.

Q: Can my attorney appear on my behalf for a misdemeanor arraignment? Yes, for misdemeanor cases, including first-time DUII, your attorney may appear on your behalf at the arraignment. However, if you choose to represent yourself, you must personally attend the arraignment.

Q: How has the public defender system been affected by these changes? The public defender system is struggling with overwhelming caseloads. Oregon estimates it needs an additional 480 public defenders to reinforce the current 500 full-time equivalent positions. The state has launched a new trial division and plans to double the public defense budget to $1.3 billion by 2029-2030 to address these issues.