Criminal Court Process for Coos County Oregon

Coos County Oregon Criminal Court System – Definitions

It might be helpful to define some words that will be used on this site, when explaining the Oregon Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in Coos County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when Oregon, Coos County or local police take a person into custody and start the legal process. The arrested person may or may not be jailed. 

For many misdemeanors, police may give the person a criminal citation, which lists a date to appear in court. For more serious crimes, the person is usually held in the county jail until the arraignment, or until they are released.

Booking is when the Coos County sheriff or local police record the person’s name, address and charges, take fingerprints and check criminal history. A release officer may interview the person soon after booking. For many low-level charges, the jail can release the person on a promise to return under the county’s standing release order.

The prosecution, sometimes called “the state,” is the side that brings the charges and asks for punishment. In Oregon, each county elects a District Attorney, whose office prosecutes crimes on behalf of the state. A U.S. Attorney prosecutes federal cases.  

Jurisdiction means whether a court has the right to handle a case.  For example, if you run a red light in your city, the city’s municipal court may handle your case. If you then flee from police, it becomes a more serious crime, and the case may go to the circuit court instead.  

Jurisdiction varies from state to state and sometimes county to county.

Arraignment is the first court hearing. The judge reads the charges and asks how the person pleads. A person in jail must be arraigned within 36 hours of being taken into custody, not counting Saturdays, Sundays and holidays. The judge also decides on release at this hearing. At this time, the person is called the defendant.

An arraignment is not a trial. For a felony, the case moves forward through a grand jury or a preliminary hearing, where a judge decides if there is enough evidence.

Bail, called “security” in Oregon law, is money put up to make sure the person comes back to court. When the case ends and every rule was followed, the court clerk returns 85% of the deposit to the person named on the receipt and keeps 15% (at least $5, at most $750).

If a person cannot pay the security, they stay in the Coos County Jail. Release can be denied for murder, aggravated murder or treason when the proof is strong, and for a violent felony if the person is a danger to others. Many people are released on their own promise, or recognizance, without paying.

Oregon does not use commercial bail bonds, so there are no bail bond companies.  

In Oregon, a crime is either a felony or a misdemeanor and can bring jail time. A violation does not bring jail time. When a judge sets security, a person can get out of jail by:

Depositing 10% of the security amount, but never less than $25, with the court clerk or the jail.

Or putting up the full amount in cash, or stocks, bonds or property in Oregon worth twice the amount.  The defendant, family or friends can pay.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf, but family support will show the court that there are people who will make sure that the defendant makes it to court. 

(Beware of scams. No one from the court or jail will call asking for money to release someone. If you get a call like this, hang up and call the jail or the Coos County Sheriff’s Office yourself.)

A criminal defense attorney (also called lawyer or counsel) represents the defendant. A person has the right to a lawyer before being arraigned. If the person cannot afford one, they can ask for a court-appointed lawyer, called a public defender, at the first court appearance. 

The person fills out a money form, and the court checks it. There is usually a $20 application fee, which the court can waive, and the judge may order the person to pay part of the cost. A person cannot be denied a lawyer because they cannot pay. If a person in jail still has no lawyer seven days after their first appearance, a federal court order generally requires their release on conditions.  Since January 1, 2024, public defense in Oregon is run by the Oregon Public Defense Commission. The following link will take you to the Oregon Public Defense Commission.

For less serious criminal cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often hold clinics to teach people how to represent themselves in court. The attached link has a list of pro bono organizations in Oregon.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  Here is a link for legal self-help in Oregon.

Oregon has no state district courts. Its trial courts are circuit courts. In Oregon, “district court” means the U.S. District Court for the District of Oregon, which hears federal cases. It is important that you check the address of the court you are to appear in rather than to ask someone, because that person might give you directions to the wrong court. Being late to court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal. In a plea deal, the defendant pleads guilty, often to a lesser charge or for a lighter sentence.  Sometimes the prosecution offers a lighter sentence in exchange for information about a more serious crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial. A jury’s guilty verdict in a criminal case must be unanimous.  If the defendant is found not guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to review the case.  If the defendant thinks something went wrong at trial or that the sentence is too harsh, the defense attorney can file an appeal with the Oregon Court of Appeals. An appeal can be denied if the appeals court finds that the trial and sentencing were fair.

Oregon Felony vs Misdemeanor

In Oregon, a misdemeanor is Class A, B or C.   

• Class A misdemeanors can bring up to 364 days in jail, a fine up to $6,250, or both.   
• Class B misdemeanors can bring up to 6 months in jail, a fine up to $2,500, or both.
• Class C misdemeanors can bring up to 30 days in jail, a fine up to $1,250, or both.  Examples of misdemeanors are trespassing and shoplifting.

A felony is a more serious crime than a misdemeanor. Felonies are Class A, B or C, and some crimes, such as murder, are unclassified.  Examples of felony crimes are murder, rape, robbery, kidnapping and drug trafficking.

In Oregon, murder can bring a life sentence. Under Measure 11, some serious person crimes carry mandatory minimum prison terms, such as 25 years for murder.  

• Class A felonies can bring up to 20 years in prison and a large fine. 
• Class B felonies can bring up to 10 years in prison and a large fine. 
• Class C felonies can bring up to 5 years in prison and a large fine.

The Coos County Circuit Court is a state court. Its staff, led by a trial court administrator, handle warrants, security deposits, the trial schedule, fees, fines and court records. Court staff are not elected. The elected County Clerk handles elections and county records, not criminal cases.

An arrest warrant is a judge’s order to arrest a person.  In Oregon, it usually lists the security amount needed for release. A search warrant lets police search a place for evidence. 

A criminal citation, often called a ticket, orders a person to appear in court on a certain date without being taken to jail.  The person usually must appear within 30 days. If they do not appear, the judge can issue an arrest warrant.

Fines are paid to the court that handled the case, usually the circuit court, or the city’s municipal court or the county’s justice court. Read the instructions on the ticket or court papers. If you have questions, call that court. 

Oregon Criminal Court System - How it Works

The Oregon Supreme Court and Court of Appeals hear appeals from the “lower courts”. The lower courts in Oregon include municipal, justice and circuit courts.

Municipal courts are run by cities, not the state. They handle city ordinance violations, traffic violations and some misdemeanors that happen inside the city. Not every city has one. Municipal courts do not hold felony trials.

Justice courts are set up by counties and are not part of the state courts. Their judges are elected Justices of the Peace. They handle traffic violations and some misdemeanors.  Felony cases go to circuit court. 

Oregon Circuit Courts are state trial courts in every county. They hear misdemeanor and felony cases and juvenile cases for youth under 18. Gilliam, Sherman and Wheeler counties also have county courts that handle juvenile cases.  For juvenile court in Coos County, call the circuit court or visit the Oregon Judicial Department.

For more information on Oregon’s Tribal Courts, go to the Oregon State Legislature site.

Treatment Courts, sometimes called Specialty Courts or Problem-Solving Courts, serve people with drug, alcohol or mental health needs. Oregon has adult drug courts, DUII courts, mental health courts, veterans courts and others. Participants follow a plan with court check-ins, supervision, treatment and drug testing. Not every county has one.

The Oregon Supreme Court has seven elected justices. It rules on questions about the state constitution, laws and court rules. Sometimes it hears criminal cases on appeal. 

Most criminal appeals go first to the Oregon Court of Appeals.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings. Terrorism is a federal crime. 

In federal court, the prosecutors are called United States Attorneys, and they work for the U.S. Department of Justice. Federal trial judges are called District Court Judges.  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There is one U.S. Federal Judicial District in Oregon, the District of Oregon. It has divisions in Portland, Eugene, Medford and Pendleton, and the county decides which one hears a case. Learn the steps in a federal case.