Oregon Statutes 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.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 136.120
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]
[Amended by 1973 c.836 § 229; repealed by 2017 c.529 § 26]
[Amended by 1973 c.836 § 230; repealed by 2017 c.529 § 26]