Release After An Arrest
ORS 135.245 — a magistrate without undue delay, and personal recognizance unless it is unwarranted
A person in custody has the right to be taken before a magistrate without undue delay. The magistrate makes a release decision at the arraignment or other first appearance, unless good cause is shown to hold a later release hearing.
Recognizance first, then conditions, then security. A person otherwise entitled to release is released on personal recognizance unless the release criteria show that is unwarranted. Only then does the magistrate consider conditional release, and only after that, security. Whatever is imposed is the least onerous condition reasonably likely to protect the public and the victim and to secure the person's appearance.
A person who refuses to give a true name in the circumstances the law describes cannot be released on recognizance or conditions, only on depositing the full security. Release follows a signed release agreement or the deposit of security, and failing to appear as it requires is a separate crime.
Sources for this section (2)
- ORS 135.245 — Release decision
- ORS 135.255 — Release agreement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.