ORS § 135.185

Current through 2024 Regular Session legislation

Section 135.185 - Holding defendant to answer; use of hearsay evidence

If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider:

(1) The extent to which the hearsay quality of the evidence affects the weight it should be given; and

(2) The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing.

ORS 135.185

Formerly 133.820; 1981 c.892 §88c; 2007 c. 71, § 33