Arrest and Related Procedures

ORS 133.066
Criminal citations generally


(1)

A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068 (Contents of criminal citation issued without complaint). If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS 133.069 (Contents of criminal citation issued with complaint).

(2)

A criminal citation may be issued with a complaint only if a procedure for the issuance of a citation with a complaint has been authorized by the district attorney for the county in which the crime is alleged to have been committed.

(3)

A complaint or information may be filed with the court before or after the issuance of a criminal citation without a complaint. Nothing in this section affects the requirement that a complaint or information be filed for the crime charged.

(4)

More than one crime may be charged in a single criminal citation. However, if a defendant is to be charged with driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants), a separate criminal citation must be used for the charge of driving while under the influence of intoxicants and that citation may not be used to charge the defendant with the commission of any other crime.

(5)

Uniform citation forms for crimes shall be adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses). In adopting those forms, the Supreme Court may combine the requirements for criminal citations under this section and the requirements for violation citations under ORS 153.045 (Citation). A crime and a violation may not be charged on the same citation form. [1999 c.1051 §57]

Source

Last accessed
Jun. 26, 2021