Oregon Statutes 135.385 – Defendant to be advised by court; inquiry into immigration status prohibited
(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge.
Terms Used In Oregon Statutes 135.385
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) The court shall inform the defendant:
(a) That by a plea of guilty or no contest the defendant waives the right:
(A) To trial by jury;
(B) Of confrontation; and
(C) Against self-incrimination.
(b) Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences.
(c) When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty.
(d) That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in removal proceedings, deportation, exclusion from admission to the United States or denial of naturalization.
(e) That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS § 135.405, the court will agree to impose sentence as provided in the agreed disposition recommendation.
(f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS § 135.230, and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant’s ability to serve in the Armed Forces of the United States as defined in ORS § 366.931 or to be employed in law enforcement.
(3) At the time of the plea, including while informing the defendant under subsection (2)(d) of this section, the court may not inquire into the defendant’s immigration status or require the defendant to disclose the defendant’s immigration status.
(4) After informing the defendant under subsection (2)(d) of this section, upon the defendant’s request, the court shall allow the defendant additional time to consider the decision to enter a plea of guilty or no contest. [1973 c.836 § 167; 1979 c.118 § 1; 2001 c.635 § 12; 2007 c.220 § 1; 2019 c.384 § 13; 2019 c.437 § 1]