135.110; 1983 c.344 �3; 2005 c.566 �5] ����� 135.035 Bringing in defendant not yet arrested or held to answer. When an accusatory instrument is filed in court, if the defendant has not been arrest

135.110; 1983 c.344 �3; 2005 c.566 �5]

����� 135.035 Bringing in defendant not yet arrested or held to answer. When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110. [Formerly 135.140]

����� 135.037 Omnibus hearing; when held; subject; ruling of court; counsel required. (1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing.

����� (2) The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues:

����� (a) Suppression of evidence.

����� (b) Challenges to identification procedures used by the prosecution.

����� (c) Challenges to voluntariness of admissions or confession.

����� (d) Challenges to the accusatory instrument.

����� (3) The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding.

����� (4) At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection (2) of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.

����� (5) This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 �2; 2009 c.11 �9]

(Counsel; Name Used)

����� 135.040 Right to counsel. If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel. [Formerly 135.310]

����� 135.045 Court appointment of counsel; waiver of counsel; appointment of legal advisor. (1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.

����� (b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant.

����� (c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.

����� (d) If the court accepts a defendant�s waiver of counsel, the court may allow an attorney to serve as the defendant�s legal advisor and may, in accordance with ORS 135.050, appoint an attorney as the defendant�s legal advisor.

����� (2) Appointment of counsel, including a legal advisor, under this section is subject to ORS