|
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]
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]
|
||||||||||||||
|
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, 2020, 2021, and 2022. 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 |