136.040 When presence of defendant is necessary
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/or/ors-chapter-136/criminal-trials/136-040·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
136.040 When presence of defendant is necessary.
(1)If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.
(2)Notwithstanding the provisions of subsection
(1)of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568. [Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123]