(1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.

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Terms Used In Oregon Statutes 135.705

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS § 30.875 has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.

(2) As used in this section, ‘costs’ includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS § 151.505 for the compensation of counsel appointed pursuant to ORS § 135.045 or 135.050 and fees and expenses paid under ORS § 135.055. [Formerly 134.020; 1981 s.s. c.3 § 121; 1985 c.540 § 34; 1985 c.710 § 4; 1987 c.803 § 25; 1999 c.925 § 1; 2003 c.449 § 28; 2009 c.484 § 9]

 

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