More Information About Trials

Steps of a Trial

1. The officer and any other witness for the City testify first.
2. You can question each witness.
3. You may testify, have witnesses testify for you and present physical evidence, such as photographs or documents.
4. The officer may offer rebuttal evidence
5. The Judge reaches a verdict.

The burden of proof is on the City.  You must be proven guilty by a preponderance of the evidence (more than 50%).  You have no burden to prove.  You are innocent and have the right to remain silent.  It is up to you if you testify or offer evidence. All trials are to a judge, not a jury.

You must keep the Court advised of your current address and phone number at all times.

If you wish to have an attorney represent you, you must hire the attorney.  Your attorney must send a letter of representation to the court at least 7 working days before the trial date.

The Milwaukie Municipal Court is a court of record; all proceeding will be audio recorded. Any appeals of a trial judgment must be filed to the Oregon Court of Appeals within 30 days of the judgment.

Trial by Affidavit
To be elgible for a trial by affidavit you must live more than 100 miles from the court. You must contact the court clerk if you wish to file a trial by affidavit.