Satisfaction of injured person
- dismissal of charges
Source:
Section 135.705 — Satisfaction of injured person; dismissal of charges, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
See also annotations under ORS 134.020 in permanent edition.
Notes of Decisions
The power to compromise is in the court, not the injured party; “satisfaction” requires only repayment of the amount stolen, not consent of the injured party to the compromise. State v. Dumond, 270 Or 854, 530 P2d 32 (1974)
ORS 135.755 must be read together with ORS 135.703 and this section. State v. Martindale, 30 Or App 1127, 569 P2d 659 (1977), Sup Ct review denied
Court dismissing indictment has discretion to determine amount and method for defendant’s payment of costs and expenses. State v. Belles, 68 Or App 910, 683 P2d 1027 (1984)
Agreement, after negotiations by father of girl, to accept $5,000 from father of defendant for “loss of face” resulting from intercourse between defendant and girl was not enforceable civil compromise under this section requiring dismissal of charge of contributing to sexual delinquency of minor as such agreement did not acknowledge satisfaction in writing by “the person injured.” State v. Phak, 91 Or App 160, 754 P2d 31 (1988)
Custodial parent may not agree to civil compromise on behalf of minor victim because custodial parent does not have authority to contract on behalf of minor child. State v. Fitterer, 109 Or App 541, 820 P2d 841 (1991), Sup Ct review denied
Payment of civil penalty as provided under ORS 30.875 is civil compromise allowing dismissal of accusatory instrument. State v. Johnsen, 327 Or 415, 962 P2d 689 (1998)
Defendant, who was charged after damaging employer’s vehicle, repairs to which were paid for by employer’s insurer and who then entered into valid civil compromise under ORS 135.703 with employer but not with insurer, is eligible for dismissal because employer, not insurer, is person injured by defendant’s criminal acts. State v. Ferguson, 261 Or App 497, 323 P3d 496 (2014)
Law Review Citations
10 WLJ 187, 188 (1974)
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