(1) A forfeiture action may be consolidated with any other action that relates to the same property or parties on motion by any party in the forfeiture action.

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Terms Used In Oregon Statutes 131A.270

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005
  • Public body: has the meaning given in ORS § 174. See Oregon Statutes 131A.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) Upon motion by the state or other public body, or any criminal defendant who is also a claimant, a forfeiture action under this section may be consolidated for trial or other resolution with any related criminal proceeding. Trial or other resolution of the forfeiture action shall immediately follow the resolution of the related criminal proceeding, shall be part of the other proceeding and shall be heard by the same trier of fact. Any objection by the defendant to the consolidation, or any motion by the defendant to sever the related criminal case from the forfeiture action, constitutes a waiver of double jeopardy as to the related criminal action and the forfeiture action. [2009 c.78 § 35]

 

(Special Motion for Release of Property)

 

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