Arraignment and Pretrial Provisions

ORS 135.770
Release of prisoner prohibited


No adult in the custody of a sheriff under ORS 135.767 (Presence of prisoner at proceedings) shall be released pending a criminal proceeding under ORS 135.760 (Notice requesting early trial on pending charge) to 135.773 (District attorney to furnish certain documents) or any appeal therefrom. [Formerly 134.550; 2019 c.213 §19]
§§ 135.760 to 135.773

Notes of Decisions

Where defendant, who requested speedy trial, made written motion for psychiatric examination and a continuance, state had already set trial within 90-day limit, and examination was delayed because of state hospital backlog which resulted in delay of trial beyond 90-day limit, circumstances were not sufficient to require dismissal of charges. State v. Fannin, 48 Or App 795, 617 P2d 953 (1980)

Where accusatory instrument did not exist at time defendant claims to have given written notice requesting speedy trial, notice cannot trigger statutory rights. State v. Easton, 103 Or App 184, 797 P2d 373 (1990)


Source

Last accessed
Jun. 26, 2021