Arrest and Related Procedures

ORS 133.069
Contents of criminal citation issued with complaint

  • nonconformance

(1)

A criminal citation issued with a form of complaint must contain:

(a)

The name of the court at which the cited person is to appear.

(b)

The name of the person cited.

(c)

A complaint containing at least the following:

(A)

The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.

(B)

A statement or designation of the crime that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the crime is alleged to have been committed.

(C)

A form of certificate in which the peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the offense specified in the complaint. A certificate conforming to this subparagraph shall be deemed equivalent to a sworn complaint.

(d)

The date on which the citation was issued, and the name of the peace officer who issued the citation.

(e)

The date, time and place at which the person cited is to appear in court, and a summons to so appear.

(f)

If the arrest was made by a private party, the name of the arresting person.

(2)

The district attorney for the county shall review any criminal citation issued with a form of complaint that is to be filed in a circuit or justice court. The review must be done before the complaint is filed.

(3)

If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

(4)

A court may amend a complaint at its discretion. [1999 c.1051 §61; 2001 c.870 §10; 2005 c.566 §1]

Notes of Decisions

Review of citation by district attorney does not substitute for certification of reasonable belief by police officer. State v. Thomas, 221 Or App 1, 188 P3d 444 (2008)

Source

Last accessed
Jun. 26, 2021

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