Arrest and Related Procedures

ORS 133.007
Sufficiency of information or complaint

  • previous convictions
  • use of statutory language


(1)

An information or complaint is sufficient if it can be understood therefrom that:

(a)

The defendant is named, or if the name of the defendant cannot be discovered, the defendant is described by a fictitious name, with the statement that the real name of the defendant is unknown to the complainant.

(b)

The offense was committed within the jurisdiction of the court, except when, as provided by law, the act, though done without the county in which the court is held, is triable within.

(c)

The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor.

(2)

The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties.

(3)

Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 §63; 2005 c.22 §101]

Notes of Decisions

State is excused from alleging that statutory proviso or exception does not apply only where proviso or exception plainly stands apart from defined elements of crime. State v. Vasquez-Rubio, 134 Or App 646, 897 P2d 324 (1995), aff'd on other grounds, 323 Or 275, 917 P2d 494 (1996)


Source

Last accessed
Jun. 26, 2021