Arraignment and Pretrial Provisions

ORS 135.745
Delay in finding an indictment or filing an information

When a person has been held to answer for a crime, if an indictment is not found against the person within 30 days or the district attorney does not file an information in circuit court within 30 days after the person is held to answer, the court shall order the prosecution to be dismissed, unless good cause to the contrary is shown. [Formerly 134.110]

See also annotations under ORS 134.110 in permanent edition.

Notes of Decisions

Dismissal by the court on defendant's motion of an information charging a felony did not constitute a bar to filing of an indictment two days later charging defendant with a felony. State v. Ivory, 20 Or App 253, 531 P2d 293 (1975)

Where information was not filed against defendant within 30-day period after he was held to answer for crime defendant was entitled to dismissal of information, although prosecution was not barred from subsequently proceeding against defendant upon indictment. State v. McCormick, 280 Or 417, 571 P2d 499 (1977)

"Held to answer" means bound over after preliminary hearing or held pursuant to information filed by district attorney. State v. Schiff, 93 Or App 301, 762 P2d 319 (1988)

Prejudice to defendant is not required for dismissal due to lack of timely prosecution. State v. Emery, 318 Or 460, 869 P2d 859 (1994)

Dismissal due to failure to comply with statutory requirement for speedy trial is without prejudice. State v. Emery, 318 Or 460, 869 P2d 859 (1994)

Completed Citations

State v. Rowley, 6 Or App 13, 485 P2d 1120 (1971), Sup Ct review denied


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Jun. 26, 2021