Misdemeanors

A misdemeanor is a crime in which a sentence of imprisonment or jail time is authorized.  A crime is either a felony or misdemeanor.  Medford Municipal Court does not process felony cases or DUII cases.  Felony cases are filed with the Jackson County Circuit Court and prosecuted by the Jackson County District Attorney’s Office.

Criminal Arraignments:

A criminal arraignment is a mandatory appearance before a judge. Individuals are informed of their charges and rights. Examples of criminal traffic crimes are reckless driving, hit and run, driving while suspended-misdemeanor, and reckless driving. Examples of misdemeanor ordinance charges include, but are not limited to, theft, criminal trespass, disorderly conduct and harassment.

Misdemeanor charges are jailable offenses. Applications for court appointed attorneys are available at the front counter and in the courtroom.

Court Appointed Attorney:

If you have been charged with a crime, you have the right to a court appointed attorney if you are indigent and cannot afford to hire an attorney without substantial hardship to you or your family.  You will need to complete the application process to determine if you qualify for a court appointed attorney under the guidelines. If you do not qualify for an court appointed attorney, you may choose to hire an attorney to represent you for this matter.  Court staff by law cannot give you legal advice or refer you to attorneys.  If you need additional assistance, locating an attorney contact the Oregon State Bar Lawyer Referral Service at 800-452-7636

Bail or Security Deposit:

As of July 1, 2022 Senate Bill 48 from the 2021 legislative session went into effect.  The law is codified in Oregon Revised Statute 135.233, and by order 22-010 from the Chief Justice of the Oregon Supreme Court. 

If a defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional release, the Judge may require a security deposit often called "bail" or "bond" for release from custody.

Appearances for individuals held in custody are generally scheduled for 8:30 am.  If the defendant is not released on personal recognizance or granted conditional release, the judge may require a security deposit often called “bail" or “bond” for release from custody.  If you are paying a security deposit for someone with a charge in the Medford Municipal Court, you may do so by contacting the Medford Municipal Court in-person during the hours of 8 am to 4:30 pm Monday through Friday or after hours by contacting the Jackson County Jail at 541-774-6850.

Upon completion of all required court appearances, any bail money not used for fines, fees or assessments will be returned to you, unless the court is owed money on any prior cases.

Notice to anyone posting security for a defendant

  • The Court may order the deposited amount forfeited if the defendant violates any of the conditions of the release agreement and a judgment may be entered against them for the entire security amount.
  • The amount deposited will not be released until all matters in this case have been completed or the defendant has been sentenced.
  • The Court may order the entire amount deposited be applied towards payment of any fines, costs, assessments, restitution, fees, or any other financial obligation imposed on any case in the Medford Municipal Court in which the defendant owes money.
  • If a refund is ordered, payment will go to the person who has posted the money or as designated.  It is your responsibility to notify the court if your address changes.  A refund may take up to four weeks to process and will be sent by mail.
  • If the defendant violates their release agreement, a judgment may be entered against them for the entire security amount (being 10 times the amount deposited). 

Setting Aside a Record:

An expungement or set aside is a legal process provided for in ORS 137.225 in which a court may order setting aside a conviction or a record of arrest.  The statute provides for the setting aside of misdemeanors and violations as otherwise allowed by law.  In addition to filing a motion and declaration to set aside you will need to submit a current fingerprint card which must be obtained from a law enforcement agency.  The Medford Police Department provides this service, and you may call 541-774-2250 to schedule a time to be fingerprinted.  Photo ID is required. Click here for more information about fingerprinting services.

You will need to forward the completed fingerprint card along with $33 to the Oregon Department of State Police for a criminal record check.  More information about this process can be located here: Oregon State Police : Criminal Justice Information Services : Criminal Justice Information Services (CJIS) : State of Oregon

The Oregon Department of State Police will forward a copy of the results of the criminal record check to the City Prosecutor.  Your motion and declaration you submitted to the Court will remain pending until the results of the criminal record check are received by the City Prosecutor.   Click here for complete set of forms.(PDF, 515KB)  Click here for instructions.(PDF, 348KB)

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