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Criminal Felonies

1. What is an arraignment. The purpose of this arraignment is to advise you of the charges against you and your rights. You may be required to post bail or security to remain out of jail. If bail or security is not required, you will be required to sign a conditional release agreement. You should read that agreement very carefully and keep it.

2. Right of Silence. You have the right to remain silent. Anything you say can and will be used against you. This hearing is recorded.

3. Right to an Attorney. You have the right to be represented by an attorney. If you cannot afford an attorney, and you qualify, an attorney will be appointed to represent you at state expense. If you want a court appointed attorney, you must fill out an application for that purpose.

4. Felonies. A felony is any crime punishable by more than one year in jail. If you are charged with a felony and you have not and do not receive an indictment, you have a right to a preliminary hearing within 5 working days. You may want to wait until you talk to a lawyer before you decide to request or waive a preliminary hearing. If you waive your right to a preliminary hearing, you also waive the right to a hearing to determine whether there is probable cause that you violated parole or post prison supervision.

5. Probation, Parole or Post Prison Supervision. Conviction of a new crime committed while you were on probation or parole or post prison supervision may result in revocation of your probation, parole or post prison supervision and additional time in jail or prison.

6. Sexually Transmitted Diseases. If you are charged with an offense that involves conduct where transmission of bodily fluid was or could have occurred,
(ORS 135.139(1)), the Court can order you to submit to a test for HIV and any other communicable disease.

7. Diversions. If you are charged with driving while under the influence of intoxicants or certain drug offenses, you may be eligible for a diversion program. If the state objects to a diversion program in your case, you are entitled to a hearing so that a judge can decide your eligibility.

8. Domestic Violence. If you are convicted of an offense involving domestic violence, you may lose your right to possess firearms and ammunition for the rest of your life.

9. Citizenship. If you are not a citizen of the United States, conviction of a new offense may result in your deportation from the United States or denial of citizenship in the United States.

10. Victims. If you are convicted of a crime involving an identifiable victim, the law requires that sentencing be postponed to allow the victim to appear at sentencing.

11. Violations. If you are convicted of a violation, you can be ordered to pay a fine, you may not be put in jail and you are not entitled to a court appointed attorney.

12. Misdemeanor. A misdemeanor is a crime punishable by up to one year in jail.