Violation Of A Release Agreement Ors
(f) Where a released accused violates a condition of release and violation: b) If the accused is charged with murder or aggravated murder and the evidence is not obvious and the presumption of guilt of the accused is strong, the court will rule on the issue of release under paragraph 4 of this section. In determining the issue of dissemination under subsection (4) of this section, the court may consider all the evidence used for the finding required in this subsection. Where the recordings supported the court`s finding that the evidence of the accused`s guilt is strong, and the court`s conclusion that it is not entitled to be released, the Supreme Court would not use habeas corpus writing to seek the reasons for the court`s decision. Haynes v. Burks, 290 or 75, 619 P2d 632 (1980) (2) Unless otherwise provided by ORS 135.250 (Terms general of the exemption agreement) (2)b), parole includes a prohibition on contacting the victim if the defendant is charged with an offence that also constitutes domestic violence. [1973 v.836 No 152; 1985 c.818 no. 1; 1993 v.731 no. 7] b) (b) If the defendant wishes to rule on the issue of release, the defendant must apply for oral proceedings in district court at the time of sentencing. If the defendant requests a release hearing, the Tribunal must hold the hearing within five days of the application. The condition of a refusal to release without clear and convincing evidence that the accused does not commit new crimes while released is contrary to the right to bail under Section 14, Article I of the Oregon Constitution. State v. Sutherland, 329 Gold 359, 987 P2d 501 (1999) (1) The line manager of an accused on parole, who knowingly assists the defendant in the violation of parole or who knowingly does not report the defendant`s offence, is punishable with contempt. (B) clear and convincing evidence that there is a risk of assault or sexual victimization of the victim or the public by the defendant upon release.
(d) ORS 107.720 (execution of enforcement orders) applies to authorization agreements executed by accused accused of domestic violence, except that proof of notification of the release contract is not necessary and that, at the request of the victim, the agreement cannot be terminated without being heard. [1973 c.836 No 150; 1991 c.111 No. 10; 1993 c.731 No. 6; 1999 v.617 No 3; 2013 ca.151 no 2] (2) (a) (a) In addition to the conditions listed in paragraph 1 of this section, if the defendant is prosecuted for an offence that also constitutes domestic violence, the court must state as a condition of the release agreement that the defendant has not contacted the victim of the abuse. (b) in addition to the amount of the guarantee covered in point (a) of this subsection, the court may impose all the conditions of control deemed necessary for the protection of the victim and the Community. If an accused at liberty violates a condition of release and violation: 1. The accused is not released from pre-trial detention unless the accused files an application with the administrator of the court in which the judge submits a release agreement duly executed by the defendant, with the conditions ordered. by the unlocking judge or deposit guarantee in paragraph 135.230 (definitions of ORS 135.230 to 135,290) until 135.290.290 (Punishment for non-compliance with the Tribunal) of the Magistrate in accordance with ORS 135.230 (definitions of ORS 135.230 to 135,290).