Offender is charged with a crime
The court process starts when the District Attorney’s Office files paperwork with the court. The court then schedules a hearing called an arraignment. If the offender was arrested, arraignment is usually the next business day. As a victim, you may have a right to make a statement at arraignment. One case may have multiple arraignment hearings. Learn more about your victim rights, or call the District Attorney’s Office at 503-988-3222 for information about your rights.
Types of charges
There are three types of charges a person may be charged with. These include misdemeanor, felony, and contempt charges. The District Attorney’s Office reviews Oregon law, the police report, and available evidence to determine if an offender is charged with a misdemeanor, felony, or contempt. An offender may have multiple types of charges in a single court case. The court process for misdemeanor and contempt charges are different than for felonies. Cases with felony charges often take a longer time to go through the court process. When an offender is charged with a felony, the case must be presented to a grand jury.
Grand Jury
The grand jury is a group of five to seven people that serve on the grand jury for a month for their jury duty service. The grand jury only reviews cases for felony charges. The grand jury is held in a small conference room at the courthouse. If the offender is in jail, grand jury usually takes place within five business days after the offender’s first arraignment. If the offender is not in jail, it may take longer before the felony charges are presented to the grand jury.
The grand jury reviews evidence for each felony charge. They decide if there is enough evidence to support each charge. If the grand jury does not find enough evidence for a felony, then the case may still move forward on misdemeanor or contempt charges. After the case is reviewed by the grand jury, the offender will have a second arraignment hearing. At this second arraignment, the offender will learn what crimes the grand jury found enough evidence to charge them with.
If your case will be reviewed by the grand jury, you will likely receive a subpoena that requires you to testify. at the grand jury. During your testimony, you will be asked questions about what happened during the incident. Your testimony will likely take 15-30 minutes but may take longer. You may have to be at the courthouse for one to two hours. Only you, the grand jury, and an attorney from the District Attorney’s Office will be in the room during your testimony. Your testimony will be audio-recorded. The judge, Defense attorney, and offender will not be present. You can have a friend, family member, or advocate wait with you, however they can’t be in the room during your testimony. Police officers, witnesses, or other victims related to your case may also testify. These people may be in the grand jury waiting area too.
Tip for victims: If you have safety concerns about being in the courthouse with other victims, witnesses, the offender, or friends and family of the offender, please contact the District Attorney's Office at 503-988-3222. The District Attorney’s Office can help make plans around your safety.
Types of hearings
As a case moves through the court process, the court will set trial dates. However most cases do not result in a trial. There are many types of hearings that may be scheduled for a case. Common types of hearings are listed below in the order that they may happen. Each case is unique and may not follow this order. Upon request, victims have a right to make a statement at certain hearings that reasonably expresses their views related to the issues addressed at the hearing. Learn about your right to make a statement at certain hearings and visit our victim statement guide.
Tip for victims: It’s common for multiple cases to be scheduled on the same docket. This means that many hearings will be scheduled at the same time in the one courtroom. For example, there may be 10 cases scheduled for an arraignment hearing at 8:30 AM with the same judge. When this happens, the judge will review the cases one after the other. It may take a few minutes, or hours, before your case is reviewed by the judge. If you plan to attend an arraignment, release, call, plea, sentencing, or probation violation hearing, please plan to be at the courthouse for a few hours.
Arraignment
This is the first court hearing in a criminal case. Arraignment usually happens on the first business day after the offender is arrested, at the Justice Center located at 1120 SW 3rd Avenue, Portland, OR 97204.
At Arraignment, the following things happen:
- The offender is told what crimes they are being charged with
- The offender is given a defense attorney to represent them, unless the offender hired their own attorney
- If the offender is in jail, the judge decides if the offender will be held in jail, or if they will be released from jail. The judge may set a bail amount which allows the offender to be released from jail, usually when 10% of the bail amount is paid
- If the offender is not in jail or the judge releases the offender, then the judge sets conditions of release
- The court sets a date of the next court hearing
If a person is charged with misdemeanor or contempt crimes, their next court hearing is usually a trial readiness hearing. If a person is charged with a felony, their next court hearing is usually a second arraignment. If the judge is making a decision about release or release conditions at arraignment, victims have a right to make a statement. Victims’ statements may address release, conditions of release, or safety concerns.
Release hearing
A hearing where the judge decides if the offender can be released from jail. If the judge orders that the offender can be released from jail, they may require that the offender pay a certain amount of money, called bail. In some cases, the judge may order that the offender can be released without paying any money. If the offender is released, then the judge may set rules for the offender’s release. These rules are called release conditions. Release conditions may relate to the safety of the victims and community or may help to ensure the offender returns to court for future hearings. For example, to encourage the offender to come to future hearings, the judge might require the offender to pay bail before they can be released. If released from jail, conditions could include staying away from certain people or places, checking in with a pretrial officer regularly, or wearing an electronic monitoring device that tracks the offender’s location. The purpose of a release hearing is to balance the rights of the offender with the need to ensure public safety and that the offender comes to future court hearings. If the offender is released from jail, it does not mean they are innocent or guilty. It means they are allowed to wait for their trial outside of jail, as long as they meet the release conditions set by the judge. Victims in the case have a right to make a statement at release hearings.
Call or trial readiness hearing
At these hearings the District Attorney’s Office and defense attorney meet with the judge to decide if they are ready for trial on the scheduled date. If the case is not ready for trial, then another call hearing or trial readiness hearing will be scheduled. Most cases have many call or trial readiness hearings. A call or trial readiness hearing may also be used as a time to schedule other types of hearings. Victims do not have a right to make a statement at these hearings.
Motion hearing
A hearing where a judge is asked to make a decision on a legal matter related to the case. Witnesses and victims may be required to testify at these hearings. Victims in the case have a right to make a statement at certain motion hearings.
Settlement conference
A scheduled meeting where the judge, the District Attorney’s Office, and the defense attorney discuss options to resolve the case without going to trial. The judge will make suggestions for possible outcomes of the case. A case may have several settlement conferences. Any agreements made during these meetings are not final. These meetings are common for felony cases and less common for misdemeanor cases. These meetings are not open to the public, they are not recorded, and they often take place in a conference room or in the judge’s office. If the case goes to trial, the judge from the settlement conference will not be the judge at trial. The offender has a right to attend these meetings. Victims may be included in a settlement conference, please contact the District Attorney’s Office if you have questions about settlement conferences.
Trial
A court proceeding that may take many days. At trial, the District Attorney’s Office provides evidence that they believe will prove the offender committed the crimes they have been charged with. The offender’s attorney may present evidence to raise doubt that the offender committed the crimes. Witnesses and victims may be required to testify at trial. The defense attorney and the District Attorney’s Office may question anyone who testifies at trial. A judge or a jury will decide if the offender is guilty or not guilty based on the evidence provided. Learn more about the trial process and what to expect.
Plea hearings
A court hearing where the offender admits to some or all of the crimes they have been charged with in the specific court case. It is common for offenders to admit to specific crimes as part of an agreement to accept a plea offer. A plea offer is an offer from the District Attorney's Office or the offender's defense attorney to resolve a court case without a trial. Plea offers usually involve the District Attorney's Office agreeing to dismiss or reduce some of the charges or sentences. This could include a shorter jail sentence, a smaller fine, community service or counseling. In return, the offender agrees to a plea deal by pleading guilty or no contest to specific crimes at the plea hearing. The offender may also enter into a plea agreement for a diversion program, these programs are limited to certain cases. For more information about diversion programs, contact the District Attorney’s Office. A case that results in a plea agreement, rather than trial, can save time and resources. It also allows the parties to have some control over the outcome of the case, instead of leaving the decision to a judge or jury. Plea agreements are voluntary and the offender has a right to not accept the offer and proceed to trial. Most cases end with a plea agreement rather than going to trial. Plea hearings often happen at the same time as sentencing hearings. Victims have a right to make a statement at certain plea hearings.
Sentencing hearings
A hearing where a judge decides the consequence for the offender. Depending on the crime, the offender’s history and Oregon law, a sentence may include jail time, prison time, probation or post-prison supervision. If the offender and the District Attorney’s Office had a plea agreement then the judge usually follows the sentence recommended in the plea agreement. However, the judge makes the final decision around the offender’s sentence and is not required to follow the recommendations in the plea agreement. Victims in the case have a right to make a statement at sentencing hearings. Victims also have a right to ask the District Attorney’s Office to consider their availability when scheduling the date and time of the sentencing hearing.
Probation violation hearings
A hearing where a judge decides if an offender did not follow the rules or conditions of their probation. If the judge finds that the offender broke the rules of their probation then they decide on a consequence for the offender. Victims in the case have a right to make a statement at probation violation hearings.
People involved in court hearings
There are many people involved in a court hearing. Below is a list of people that may be at a court hearing.
Defendant
In the court process, the offender or person being charged with a crime is called a defendant. The court assumes the defendant is innocent of the crime until they are found guilty.
Defense attorney
A lawyer who represents the offender and protects the offender’s rights. Their job is to help the offender understand the court process and fight the charges against the offender.
District Attorney’s Office and deputy district attorney
A government office led by an elected official called the District Attorney that represents the state of Oregon in a criminal case. The elected district attorney oversees a group of attorneys, called deputy district attorneys, who are responsible for charging offenders with crimes and presenting evidence to the court to prove the offender is guilty. The attorneys that work in this office do not represent the victim.
Judge
A person who ensures that everyone follows the rules in a courtroom. The judge makes decisions for the court. At trial, the judge provides directions to the jury. If the offender is found guilty, the judge makes the final decision about the offender’s sentence.
Jury
A group of people from the community who are called to court. Their job is to review the details of a case and make decisions about the outcome. The number of people on a jury can be different based on the type of case or hearing.
Witness
A person that has information related to the case. Witnesses may be required to testify in court hearings by answering questions from both the defense attorney and the District Attorney's Office.
Victim
Oregon law defines a victim as any person the court or an attorney from the District Attorney’s Office finds has experienced financial, mental, or physical harm as a result of the crime. If the victim is under the age of 18, the victim’s parent or legal guardian may be considered a victim. If the victim lost their life as a result of the crime, the victim’s immediate family may be considered victims. The victim of the crime may also be a witness in the case.
Victim rights attorney
A lawyer hired by the victim to help the victim understand the court process and ensure their rights are upheld. It is optional to hire a victim rights attorney, and is not required for the case to move forward. Visit our resource page for information about victim rights attorneys in Multnomah County.
Glossary of terms
A hearing where the offender is notified by the judge that they are being charged with a crime. The offender is asked to enter their plea to the charges. It is most common to enter a plea of "not guilty." If the offender was arrested for the crime and is still in jail, the judge will make a decision regarding the potential for their release. The judge could choose to release them with no conditions, some conditions, or only if they pay bail. In some violent cases, the judge may deny the offender's release. You have the right to make a statement at this hearing. Your statement can include concerns about your safety and conditions you want the judge to order. Back to content.
Monday through Friday from 8:00 AM to 5:00 PM except on court closures or holidays. Back to content.
Oregon law defines a victim as any person the court or an attorney from the District Attorney’s Office finds has experienced financial, mental, or physical harm as a result of a crime. The victim of the crime may also be a witness in the case. If the victim is under the age of 18, the victim’s parent or legal guardian may also be considered a victim. If the victim lost their life as a result of the crime, the victim’s immediate family may also be considered victims. Back to content.
The District Attorney’s Office determines if a charge is a misdemeanor or a felony based on the information they have about the crime. A misdemeanor is a type of charge that may have a smaller punishment than a felony. Cases with only misdemeanor charges typically move through the court process faster than cases with felony charges. Back to content.
The District Attorney’s Office determines if a charge is a felony or a misdemeanor based on the information they have about the crime. A felony is often more severe and may have a greater sentence than a misdemeanor. When an offender is charged with a felony, a Grand Jury must review the charge to determine if there is enough evidence to support the case moving forward in the court process. Back to content.
A type of charge where the offender is accused of violating a courts’ order, rather than Oregon State law. This can include charges of violating release conditions, protective orders, or any other order given to the offender by the court. Back to content.
Information that helps prove or disprove that an offender committed a crime. This may include the police collecting items such as pictures, recordings, text messages, weapons, records or interviews with the offender, victims, or witnesses. Back to content.
A jury is a group of people from the public that review details of a case and decide its outcome. People who live in Multnomah County may be required to serve on a jury as part of their civil duty. Back to content.
A legal court document that requires you to attend a court hearing. If you receive a subpoena, it means you may have to testify in court by answering questions about the case. Even if you have limited information regarding an incident, you may receive a subpoena. Back to content.
When a person participates in a court hearing by answering questions and sharing information related to the case. Before a person testifies, they are sworn in, which means they make a promise to tell the court the truth. When a person testifies, they sit at the front of the courtroom near the judge. Back to content.
A lawyer who represents the offender and protects the offender’s rights. Their job is to help the offender understand the court process and fight the charges against the offender. Back to content.
A person who supports crime victims. Advocates can work with a justice system agency or with a community organization. Their job is to help you understand the justice system and your rights, to attend court with you, to offer emotional support, and to connect you with resources to meet your needs. Advocate services are always free. Visit our resource page for information about advocate services in Multnomah County. Back to content.
A person that has information related to the case. Witnesses may be required to testify in court hearings by answering questions from both the defense attorney and the District Attorney's Office. Back to content.
A formal court proceeding that may take many days. At trial the District Attorney’s Office provides evidence that they believe will prove the offender committed the crimes they have been charged with. The offender’s attorney can also provide evidence and question witnesses. A judge or a jury will decide if the offender is guilty based on the evidence provided. Back to content.
The offender is released from jail and has been asked to sign a release agreement where they agree to obey all laws and to come to future court hearings for their case. Depending on the crime, the agreement may also include no contact with the victim. Back to content.
An offer from the District Attorney's Office or the offender's defense attorney to resolve a court case without a trial. Plea offers generally involve the District Attorney's Office agreeing to dismiss or reduce some of the charge(s) or sentence. In return, the offender agrees to admit to the specific charges in court and therefore agrees to a conviction. If a plea offer is accepted, a plea hearing is scheduled to be resolved without a trial. Back to content.
A hearing where a judge decides the punishment for the offender. You have a right to make a statement at this hearing. You also have a right to have your schedule considered when determining the date and time of a sentencing hearing. Back to content.
Probation violation hearing/probation violation or other post-conviction hearings:
A hearing where a judge or Oregon Board of Parole decides if the offender broke the rules or conditions of their supervision and if there will be a consequence for breaking the rules of their supervision. These hearings also include any critical stage hearing that happens after the offender has been sentenced in a specific court case such as a certain deferred sentencing program hearings, Morrissey hearing, a Relief from Sex Offender Registration hearing, or an Expunction hearing. You have the right to make a statement at these hearings. Back to content.
An amount of money that can be paid so the offender may be released from jail. The purpose of bail is to encourage the offender to follow conditions of release and come to their future court hearings. A judge decides if a case will include bail and sets the bail amount. The judge can increase or decrease the bail amount at any court hearing. If 10% of the bail is paid, the offender may be released from jail while they go through the court process. If the offender does not come to court hearings, the judge can require the offender to pay the full amount of bail. The offender, or anyone on behalf of the offender, can pay the offender’s bail 24 hours a day, any day of the year. If the offender attends all court hearings, a portion of the bail amount may be returned to them. Bail is also called security release. Back to content.
Rules that the offender must follow. This often includes a no contact order where the offender is ordered not to have contact with the victim of the crime. If the offender violates a condition of release, they are supposed to go back in front of the judge to address the violation. Back to content.
A group of people from the community who are called to court for jury duty. Their job is to receive, review and discuss the details of a case and make decisions about the outcome. The number of people on a jury can be different based on the type of case or hearing. Back to content.
When an offender admits that there is enough evidence for a judge or jury to find them guilty of some or all charges without admitting they committed the crime. Back to content.
These are special programs for specific offenders and specific crimes. By entering one of these programs, the offender admits to one or more of the charges and does not have to go to trial. The offender has to follow specific rules while in the program. If the offender is successful in the program, their charges may be removed from their criminal history. Back to content.
This page was produced by Multnomah County under grant number 15POVC-21-GK-01091-NONF, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed on this page are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.