If you only remember one point about how bond works in Oregon, remember this: Oregon uses Constitutional bail with release conditions. Release on own recognizance, security release deposits, and full bail through sureties or cash. Procedure, examples, and the opinions below hang off Or. Rev. Stat. §§ 135.230 to 135.280. Bail is set at arraignment unless the charge qualifies for pretrial detention; judges impose the least restrictive conditions assuring appearance.
The bail / bond hearing
Bail is set at arraignment unless the charge qualifies for pretrial detention; judges impose the least restrictive conditions assuring appearance.
Judges typically weigh:
- Seriousness of the charge and potential sentence.
- Criminal history and prior failures to appear.
- Community ties (work, family, length of residence).
- Flight risk and danger to the community or alleged victim.
- Whether non-monetary conditions (GPS, stay-away orders, reporting) can manage the risk.
Defendants can usually move to reduce bond or convert cash to surety/ROR as facts develop.
Walking through Oregon facts
Use this walkthrough to see which Oregon authority does the work at each step.
A defendant is booked in Oregon and wants release before trial.
- Start from the release system: Constitutional bail with release conditions under Or. Rev. Stat. §§ 135.230 to 135.280.
- Match the charge to the forms of release Oregon uses: Release on own recognizance, security release deposits, and full bail through sureties or cash.
- Prepare for the hearing on these terms: Bail is set at arraignment unless the charge qualifies for pretrial detention; judges impose the least restrictive conditions assuring appearance.
- If the defendant misses court, the bond consequence is: Failure to appear can forfeit security deposits and trigger bench warrants under Oregon bail statutes.
Oregon bond practice is Constitutional bail with release conditions, decided under Or. Rev. Stat. §§ 135.230 to 135.280.
What happens if someone skips court?
Failure to appear can forfeit security deposits and trigger bench warrants under Oregon bail statutes.
A missed appearance can also produce a bench warrant, new charges, and loss of any cash posted. Sureties may hire recovery agents or petition for exoneration after surrendering the defendant.
Practical tips
- Appear at every hearing — bond cannot protect you from a warrant if you skip.
- Ask counsel about bail review motions if the initial amount is unaffordable.
- Do not confuse bond with fines or restitution; bond money (except surety fees) is usually returned after the case ends if you appear as required.
- Research Oregon opinions on bail and pretrial release in LawDiver before a contested detention hearing.
Case law: bail and bond in Oregon
OSVALDO RICO-VILLALOBOS, Plaintiff, v. Bernie GIUSTO, Multnomah County Sheriff, Defendant
…ides: “Offences *, except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.” Similarly, ORS 135.240, the applicable pretrial release statute, provides, in part: “(2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied w…
OSVALDO RICO-VILLALOBOS, Plaintiff, v. Bernie GIUSTO, Multnomah County Sheriff, Defendant is worth reading on Oregon bail / bond because the court put the point in its own words: "Offences *, except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.” Similarly, ORS 135." Use that passage as the starting point, then read the facts that precede it.
WHITE Et Ux, Appellants, v. BELLO Et Ux, Respondents
WHITE Et Ux, Appellants, v. BELLO Et Ux, Respondents, 276 Or. 931 (1976)
…as arrested. The defendant Joe C. Bello who was then in the bail-bond business was contacted by some relatives of the accused and requested to furnish a bail bond to secure the brother’s release pending trial. Bello did post bail for the accused and thus secured his release. As a condition of posting bail, Bello required security and for the purpose of security obtained a barga…
Practitioners open WHITE Et Ux, Appellants, v. BELLO Et Ux, Respondents when Oregon bail / bond turns on the distinction in this sentence: "The defendant Joe C. Bello who was then in the bail-bond business was contacted by some relatives of the accused and requested to furnish a bail bond to secure the brother’s release pending trial. Bello did post bail for the accused and thus secured his release." Do not lift it out of the facts the court was deciding.
MOZOROSKY v. HURLBURT
MOZOROSKY v. HURLBURT, 106 Or. 274 (1921)
…is no provision in our Code for admitting the plaintiff to bail upon an appeal in a habeas corpus proceeding, and we infer this was the reason he was not allowed bail by the trial court. Article I, Section 14, of our Constitution provides thus: “Bail. Offenses, except murder and treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the…
MOZOROSKY v. HURLBURT is worth reading on Oregon bail / bond because the court put the point in its own words: "Code for admitting the plaintiff to bail upon an appeal in a habeas corpus proceeding, and we infer this was the reason he was not allowed bail by the trial court. Article I, Section 14, of our Constitution provides thus: “Bail." Use that passage as the starting point, then read the facts that precede it.
STATE OF OREGON, Plaintiff-Relator, v. MYRON ROBERT SUTHERLAND, JR., Defendant-Adverse Party
…ides: “Offences (sic), except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.” The question is whether ORS 135.240(4) is valid in light of that constitutional provision. To answer that question, we examine the text, case law, and history surrounding Article I, section…
Practitioners open STATE OF OREGON, Plaintiff-Relator, v. MYRON ROBERT SUTHERLAND, JR., Defendant-Adverse Party when Oregon bail / bond turns on the distinction in this sentence: "Offences (sic), except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.” The question is whether ORS 135.240(4) is valid in light of that constitutional provision." Do not lift it out of the facts the court was deciding.
Bock v. Collier
Bock v. Collier, 175 Or. 145 (1944)
…imprisoned upon a criminal charge, but had been released on bail. At the time when the alleged slanderous words were uttered, he was “subject to and was under said bail, and was in the courtroom being tried upon the charge aforesaid, and was in the custody of the law and Court under and by virtue of said charge”. He remained at large under bail until April 9, 1940, when he was…
Bock v. Collier is worth reading on Oregon bail / bond because the court put the point in its own words: "At the time when the alleged slanderous words were uttered, he was “subject to and was under said bail, and was in the courtroom being tried upon the charge aforesaid, and was in the custody of the law and Court under and by virtue of said charge”." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Application of Richard Kimball Knutson for a Writ of Habeas Corpus RICHARD KIMBALL KNUTSON
…on defendant’s motion the trial judge on July 2, 1979, set "bail on appeal” in the sum of $50,000. ORS 135.285(2) and 135.250(2). Without executing and filing with the clerk of the court a "release agreement” defendant sought to procure his release from custody, pending disposition of his appeal, by filing with the clerk of the trial court a document denoted "Personal Surety Bo…
Oregon opinions such as In the Matter of the Application of Richard Kimball Knutson for a Writ of Habeas Corpus RICHARD KIMBALL KNUTSON are cited where bail / bond is disputed. The court stated: "July 2, 1979, set 'bail on appeal” in the sum of $50,000. ORS 135.285(2) and 135.250(2)." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the Application of Allen Isaac Carden for a Writ of Habeas Corpus CARDEN, Plaintiff, v. BARNES
…beas corpus in this court, alleging that he is “entitled to bail” pursuant to ORS 133.809 in the Washington County habeas corpus case. 2 This court issued a writ of habeas corpus and the return alleges the defendant has the plaintiff in custody pursuant to a valid Governor’s Warrant of Arrest and Extradition. On oral argument in this court the plaintiff contended that since the…
On bail / bond, In the Matter of the Application of Allen Isaac Carden for a Writ of Habeas Corpus CARDEN, Plaintiff, v. BARNES speaks to the Oregon dispute in this passage: "ORS 133.809 in the Washington County habeas corpus case. 2 This court issued a writ of habeas corpus and the return alleges the defendant has the plaintiff in custody pursuant to a valid Governor’s Warrant of Arrest and Extradition." The surrounding opinion shows how the court applied that language to the record.
State v. Slight
State v. Slight, 301 Or. App. 237 (2019)
…ing, ask- ing the court to order a security release and set bail at an amount that his parents would “more likely than not” post. The state opposed the request, arguing that there was “a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.” After an evidentiary hearing, the trial court ordered defendant held…
State v. Slight is worth reading on Oregon bail / bond because the court put the point in its own words: "The state opposed the request, arguing that there was “a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- System: Constitutional bail with release conditions.
- Authority: Or. Rev. Stat. §§ 135.230 to 135.280.
- Release options: Release on own recognizance, security release deposits, and full bail through sureties or cash.
- Hearings: Bail is set at arraignment unless the charge qualifies for pretrial detention; judges impose the least restrictive conditions assuring appearance.
- Missing court: Failure to appear can forfeit security deposits and trigger bench warrants under Oregon bail statutes.
Bail and pretrial release in Oregon
In everyday speech, “bond” and “bail” both describe the financial or non-financial conditions that allow release while a criminal case is pending. Technically, bail is the court’s release decision; a bond is the instrument (cash, surety, or unsecured promise) securing that release. Oregon’s rules live primarily in Or. Rev. Stat. §§ 135.230 to 135.280.
Types of pretrial release in Oregon
Release on own recognizance, security release deposits, and full bail through sureties or cash.
Common options across Oregon practice (availability varies by charge):
- Release on recognizance (ROR) — promise to appear; little or no cash.
- Unsecured / signature bond — liability if you fail to appear, without upfront cash.
- Cash bond — full amount deposited with the court.
- Surety bond — a licensed bondsman posts the bond for a non-refundable fee (often ~10%).
- Property bond — real property pledged (where allowed).
- Detention / preventive hold — no release when statutes require or when risk cannot be managed with conditions.
Frequently asked questions
How does bond work in Oregon?
Oregon uses Constitutional bail with release conditions under Or. Rev. Stat. §§ 135.230 to 135.280. Release on own recognizance, security release deposits, and full bail through sureties or cash.
What does a judge look at in a Oregon bail hearing?
Bail is set at arraignment unless the charge qualifies for pretrial detention; judges impose the least restrictive conditions assuring appearance.
What if I miss court after posting bond?
Failure to appear can forfeit security deposits and trigger bench warrants under Oregon bail statutes.
Is cash bail required in Oregon?
Not always. Release on own recognizance, security release deposits, and full bail through sureties or cash. Confirm the charge and local schedule — reform jurisdictions emphasize non-monetary conditions for many offenses.