Arrest and Related Procedures

ORS 133.060
Cited person to appear before magistrate

  • effect of failure to appear
  • arrest warrant

(1)

A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.

(2)

If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55]

Notes of Decisions

Where police officer issues criminal citation, subsequent filing of information by district attorney is continuation of same prosecution. State v. Anglin, 227 Or App 325, 206 P3d 193 (2009), Sup Ct review denied

Citation that requires defendant to appear before magistrate more than 30 days after date on which citation is issued is not invalid. State v. Robison, 233 Or App 90, 227 P3d 169 (2009), Sup Ct review denied

Source

Last accessed
Jun. 26, 2021

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