ASSAULT CRIMES   |   BALLOT MEASURE 11   |   DRUG CRIMES   |   THEFT   |   SEX CRIMES   |   SOLICITATION   |   RECKLESS DRIVING   |   DUII

OREGON FAILURE TO APPEAR LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020

Call today to speak with Mr. Lesh about your case
(503) 546-2928
Photo of attorney David Lesh

 

   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




About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, and 2020.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

Privacy Policy


"I defend and help people facing failure to appear charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your FTA case."


"Should you hire me to represent you, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
I personally respond to your phone calls and emails; I meet with you; I appear with you in court."



"David is extremely knowledgeable and an expert in the courtroom." 

 

W. Mitchell

5 stars



Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship.  Consult qualified Oregon assault lawyers / attorneys for advice about any specific charge that you face.  Oregon defense lawyers are governed by the Oregon Code of Professional Responsibility.  This website may be considered an advertisement for services under the Code of Professional Responsibility.  Information contained in this website is believed to be accurate but is not guaranteed or warranted in any way.  By David N Lesh, info@davidlesh.net.   All reviews and testimonials on this site are real and were unsolicited. 

 

David Lesh provides Oregon FTA defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.