Arraignment and Pretrial Provisions

ORS 135.896
Stay of criminal proceedings during period of agreement

  • limitation on stay
  • extension of stay

(1)

If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 135.898 (Diversion agreement involving servicemember charged with domestic violence) and subsection (2) of this section, the stay shall not exceed 270 days in the case of a defendant charged with commission of a felony, and shall not exceed 180 days in the case of a defendant charged with the commission of a misdemeanor. If the defendant declines diversion, the court shall resume criminal proceedings.

(2)

Prior to the end of the stay of criminal proceedings described in subsection (1) of this section, the defendant may request that the district attorney approve an extension of the stay for a period up to 270 days in the case of a defendant charged with the commission of a felony and up to 180 days in the case of a defendant charged with the commission of a misdemeanor. If the district attorney approves the extension, the district attorney shall notify the court and the court shall order an extension of the stay of criminal proceedings for the approved period of time. [1977 c.373 §4; 2010 c.25 §3; 2015 c.258 §1]
§§ 135.881 to 135.901

Notes of Decisions

When district attorney terminates diversion and the existence of findings on the termination is disputed, the court must provide a procedure for determining whether the requisite facts exist. State ex rel Harmon v. Blanding, 292 Or 752, 644 P2d 1082 (1982)

Source

Last accessed
Jun. 26, 2021

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