This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Oregon Motion for a Speedy Trial
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How to fill out Motion For A Speedy Trial?
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FAQ
The statute of limitations depends on the classification of the crime. If a felony, within three years after commission of the offense; or 1. If a misdemeanor, within two years after commission of the offense.
The three-month limit may be extended by the court for good cause upon request from either party or upon the court's own motion.
If the original time limit has not expired, the prosecutor can bring charges at any time for first-degree cases. The prosecutor has 25 years from the date of the crime in second-degree cases. If the original time limit expired before the DNA identification, the charges must be filed within two years of the DNA match.
Failure to Appear, 2nd Degree This failure to appear charge is a Class A misdemeanor and carries a potential sentence of up to one year in jail and fines up to $6250.
A motion to modify or set aside an order or judgment or request a new hearing must be accompanied by an affidavit that states with reasonable particularity the facts and legal basis for the motion.
'Vacating' or 'setting aside' is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or 'no contest' judgment). On the other hand, 'dismissing' applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.
In general, violations must be prosecuted within six months of the date the violation was committed, misdemeanors must be prosecuted within two years of the date the crime was committed, and felonies must be prosecuted within three years of the date the crime was committed.
The federal Speedy Trial Act provides some instruction for federal cases. For example, it requires formal charges to be brought within 30 days of an arrest. One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent.
Here's how to get a dismissal based on Oregon's speedy trial statute: First, the government must set your misdemeanor trial ?two years from the date of the filing of the charging instrument.? ORS 135.746(1)(a).