Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon FTA charge.

Former prosecutor dedicated to criminal defense.
More than 20 years as an Oregon attorney.
Call today for a no cost consultation.
(503) 546-2928

THE OREGON CRIMINAL LAW GUIDE

MAIN PAGE LAW OFFICE OF DAVID LESH OREGON DUI OREGON DWS
"I defend people facing FTA charges in Multnomah County, Washington County, and Clackamas County."

OREGON FAILURE TO APPEAR ("FTA") LAW

   ORS 162.193 Failure to appear; counsel for defendant cannot be witness; exception. In no prosecution under ORS 162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upon written motion by the state, and upon hearing the matter, if the court determines that no other reasonably adequate means exists to present evidence establishing the material elements of the charge, the counsel representing the defendant may be called to testify. [1989 c.759 §2]

   ORS 162.195 Failure to appear in the second degree. [Known as FTA II or FTA 2] (1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:

   (a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or

   (b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a misdemeanor.

   (2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]

POSSIBLE SENTENCE
Probation Sometimes
Jail Usually

   ORS 162.205 Failure to appear in the first degree. [Known as FTA I or FTA 1] (1) A person commits the crime of failure to appear in the first degree if the person knowingly fails to appear as required after:

   (a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a felony; or

   (b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a felony.

   (2) Failure to appear in the first degree is a Class C felony. [1971 c.743 §196; 1973 c.836 §344; 2001 c.517 §4; 2003 c.320 §2]

 

POSSIBLE SENTENCE 
Probation Sometimes
Jail Yes, or . . .
Prison Sometimes

David N Lesh
Oregon Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP:  Failing to appear for court in a criminal case will result in a "bench warrant" for your arrest and it often results in a new charge of failure to appear in the first degree or failure to appear in the second degree.  Failing to appear for a traffic offense usually result in an indefinite suspension of your Oregon drivers license.

 

David Lesh Mini Biography

Oregon attorney since 1990;

Former prosecutor (5 years);

Former lawyer to the Portland Police Bureau (3+ years);

Sought after criminal defense attorney (11+ years).