136.120 Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant
167 words·~1 min read·
/or/ors-chapter-136/criminal-trials/136-120·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
136.120 Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant.
(1)If the defendant appears at the time set for trial and the prosecuting attorney is not ready and does not show sufficient cause for postponing the trial, the court shall dismiss the accusatory instrument unless the court determines that dismissal is not in the public interest.
(2)If the court dismisses the accusatory instrument under subsection
(1)of this section and:
(a)The instrument charges a felony or Class A misdemeanor, the dismissal is not a bar to another action for the same offense unless the court so orders.
(b)The instrument charges an offense other than a felony or Class A misdemeanor, the dismissal shall be a bar to another action for the same offense.
(3)If the dismissal is a bar to another action for the same offense, the court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]