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 (Procedure if resubmission of case not allowed) concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.