A defendant accused of an offense may be cited into court at a specific time or, depending on the seriousness of the offense, may be held in custody for a court arraignment.
In either case, at the arraignment, the Court will advise the defendant what offense he/she is charged with and will explain his/her rights and responsibilities. If the defendant desires a court appointed attorney, it will be necessary for the defendant to complete an AFFIDAVIT OF INDIGENCY listing income, assets and other information. The Judge will review the affidavit and determine if the defendant is eligible for a court appointed attorney. If the defendant is eligible, an attorney will be appointed to help the defendant in his/her defense. The court appointed attorney is paid by the State of Oregon. If the defendant is found guilty, he/she may be required to pay all or a portion of the attorney’s fee along with other fines and fees.
If the defendant is found guilty, whether through a trial or by a plea of guilty, there will probably be certain fines and fees which he/she will be required to pay to the Court. These amounts are entered as a Money Judgment against the defendant and the defendant may request that the Judgment be satisfied upon payment in full.
There may also be other punishments handed down by the Court (such as jail time, community service, restitution to the victim(s) or other special conditions). Although the fines and fees are due and payable at the time of sentencing, the defendant may be given the PRIVILEGE of arranging for payment on an installment plan. This arrangement is made with the Court and if the payments are not made on time, the defendant could be called back into court to explain why. Other sanctions could include the revoking of the defendant’s drivers license, turning the entire amount owed over to the Oregon Department of Revenue for collections, or other sanctions as deemed appropriate by the Court.
Violations(Traffic, Boat, Dog Citations)