Arraignment and Pretrial Provisions

ORS 135.753
Effect of dismissal


(1)

If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant.

(2)

An order for the dismissal of a charge or action, as provided in ORS 135.703 (Crimes subject to being compromised) to 135.709 (Exclusiveness of procedure) and 135.745 (Delay in finding an indictment or filing an information) to 135.757 (Nolle prosequi), is a bar to another prosecution for the same crime if the crime is a Class B or C misdemeanor; but it is not a bar if the crime charged is a Class A misdemeanor or a felony.

(3)

If any charge or action is dismissed for the purpose of consolidation with one or more other charges or actions, then any such dismissal shall not be a bar to another prosecution for the same offense. [Formerly 134.140; 1975 c.198 §1]

See also annotations under ORS 134.140 in permanent edition.

Notes of Decisions

A dismissal of a misdemeanor is a bar only if it was after indictment, and the indictment was dismissed pursuant to [former] ORS 134.010 to 134.160. State v. Borders, 9 Or App 385, 496 P2d 243 (1972), Sup Ct review denied

Dismissal of an information, containing an indorsement at the foot designating the offense as "Class B Felony" in district court is not a dismissal of a misdemeanor within the meaning of this section and thus is not a bar to prosecution in the circuit court. State v. Laguardia, 11 Or App 75, 501 P2d 1005 (1972)

Dismissal of a misdemeanor charge in district court in order to consolidate it with a felony charge arising from the same transaction is possible and is no bar to further proceedings on the misdemeanor charge, notwithstanding this section. State v. Leverich, 14 Or App 222, 511 P2d 1265 (1973), aff'd 269 Or 45, 522 P2d 1390 (1974)

For purposes of former statute similar to this section, violations of [former] ORS 483.992 (2) and [former] ORS 483.999 are not the same offense. State v. Kaser, 15 Or App 411, 515 P2d 1330 (1973)

Trial Court Erred In Dismissing Felony Indictment With Prejudice Where

1) the state was unable to proceed due to external circumstances beyond its control and requested dismissal; 2) defendant made no showing of actual prejudice; and 3) dismissal with prejudice was not reasonably required to assure defendant's right to a speedy trial nor the public's right to effective enforcement of the criminal law. State v. Williams, 17 Or App 43, 520 P2d 462 (1974)

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 misdemeanor has been dismissed, bar against prosecution for same crime applies only to dismissed offense. State v. Stover, 271 Or 132, 531 P2d 258 (1975)

This section governs sufficiency of accusatory instruments other than traffic citations. State v. Strop, 31 Or App 893, 572 P2d 319 (1977)

This section does not apply to dismissals based on sufficiency of accusatory instruments. State v. Goakey, 47 Or App 31, 613 P2d 1074 (1980), Sup Ct review denied

Where court has dismissed charges in indictment, court may not reinstate charges by vacating order of dismissal. State v. Dinsmore, 200 Or App 432, 116 P3d 226 (2005), aff'd 342 Or 1, 147 P3d 1146 (2006)


Source

Last accessed
Jun. 26, 2021