Oregon Motion to Dismiss Counts of Indictment

State:
Multi-State
Control #:
US-02616BG
Format:
Word; 
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Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:


" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.


The above is not an exhaustive list.

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FAQ

Say a defendant is convicted of a class B felony (10-year maximum). For that offense, the law sets a minimum sentence of 5 years. The judge can impose a sentence anywhere between 5 and 10 years.

Both Parties Stipulate (Agree) to Dismiss. If you both agree the case should be dismissed, fill out the Stipulated Motion (Form 3) and General Judgment of Dismissal (Form 4). Make sure both of you sign your names on the appropriate lines on both forms. Make a copy of the form(s) for your own records.

In 1994 Oregon voters passed Measure 11 which imposes minimum mandatory sentences for certain crimes against persons. Most of these mandatory minimum sentences can be found at ORS 137.700. There is no possibility of a reduction in sentencing for these crimes.

Because a Class B felony can carry up to 10 years in prison, this means it could also carry 1 year or 5 years. How the judge determines where at in a range to sentence you is based largely on a presentence report. A presentence investigation is completed by a probation officer employed by the state of Oregon.

(7) "Primary release criteria" includes the following: (a) The reasonable protection of the victim or public; (b) The nature of the current charge; (c) The defendant's prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required; (d) Any ...

Oregon Felony Penalties ClassMaximum potential prison termMaximum potential fineClass A Felony20 years$375,000Class B Felony10 years$250,000Class C Felony5 years$125,000

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.

A Notice of Entry of Judgment & Decree of Divorce (Default) is a document that notifies the other party that the Judge has signed a Judgment & Decree of Divorce (Default). This document must be sent to the other party and the Affidavit of Service filed with the Clerk of Courts.

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Oregon Motion to Dismiss Counts of Indictment