Preliminary Provisions

ORS 131.135
When prosecution commenced

A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]

See also annotations under ORS 131.130 in permanent edition.

Notes of Decisions

Where warrant for defendant’s arrest for unlawfully obtaining public assistance was executed three years and four months from date of alleged offense and state offered no reason for delay, indictment should have been dismissed. State v. Barnes, 66 Or App 896, 676 P2d 344 (1984)

Indictment containing two dates on which purportedly returned, one inside and one outside Statute of Limitations, does not satisfy statutory requirement that indictment show prosecution was commenced within period of limitation. State v. Bovee, 76 Or App 572, 710 P2d 786 (1985), Sup Ct review denied

Where warrant was served on defendant two years and eight months after indictment was returned but defendant made no claim of prejudice based on oppressive pretrial incarceration, anxiety and concern, or impairment of ability to defend, trial court properly denied motion to dismiss indictment on basis of unreasonable delay. State v. Chinn, 115 Or App 662, 840 P2d 92 (1992)

For purposes of time limitations, “prosecution” refers to criminal action itself rather than filing of accusatory instrument. Abbott v. Baldwin, 178 Or App 289, 36 P3d 516 (2001), Sup Ct review denied

Where matter was resubmitted to grand jury and new indictment was issued under different case number prior to dismissal of identical earlier indictment, new indictment did not relate back to dismissed indictment. Abbott v. Baldwin, 178 Or App 289, 36 P3d 516 (2001), Sup Ct review denied

Requirement that warrant be executed without unreasonable delay does not apply to probation violation proceeding. State v. Lindquist, 192 Or App 498, 86 P3d 103 (2004)

For purposes of time limitations, “other process” does not include filing of accusatory instrument. State v. Williams, 232 Or App 303, 222 P3d 31 (2009)

Prosecution commences when warrant or other process is issued, not when defendant receives actual notice that prosecution will commence. State v. Grierson, 245 Or App 195, 261 P3d 1269 (2011)


Last accessed
May 30, 2023