Oregon Statutes 132.560 – Joinder of counts and charges; consolidation of charging instruments
(1) A charging instrument must charge but one offense, and in one form only, except that:
Terms Used In Oregon Statutes 132.560
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Where the offense may be committed by the use of different means, the charging instrument may allege the means in the alternative.
(b) Two or more offenses may be charged in the same charging instrument in a separate count for each offense if the offenses charged are alleged to have been committed by the same person or persons and are:
(A) Of the same or similar character;
(B) Based on the same act or transaction; or
(C) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
(2) If two or more charging instruments are found in circumstances described in subsection (1)(b) of this section, the court may order them to be consolidated.
(3) If it appears, upon motion, that the state or defendant is substantially prejudiced by a joinder of offenses under subsection (1) or (2) of this section, the court may order an election or separate trials of counts or provide whatever other relief justice requires.
(4) As used in this section, ‘charging instrument’ means any written instrument sufficient under the law to charge a person with an offense, and shall include, but not be limited to, grand jury indictments, informations, complaints and uniform traffic, game or boating complaints. [Amended by 1989 c.842 § 1; 1993 c.278 § 1; 1999 c.1040 § 17]
[Renumbered 135.713]