Arraignment and Pretrial Provisions

ORS 135.757
Nolle prosequi

  • discontinuance by district attorney


The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in ORS 135.755 (Dismissal on motion of court or district attorney). [Formerly 134.160]

See also annotations under ORS 134.160 in permanent edition.

Notes of Decisions

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)


Source

Last accessed
Jun. 26, 2021