reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.385 - Defendant to be advised by court; inquiry into immigration status prohibited.

(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge.
(2) The court shall inform the defendant:
(a) That by a plea of guilty or no contest the defendant waives the right:
(A) To trial by jury;
(B) Of confrontation; and
(C) Against self-incrimination.
(b) Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences.
(c) When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty.
(d) That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in removal proceedings, deportation, exclusion from admission to the United States or denial of naturalization.
(e) That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS 135.405, the court will agree to impose sentence as provided in the agreed disposition recommendation.
(f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS 135.230, and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant’s ability to serve in the Armed Forces of the United States as defined in ORS 366.931 or to be employed in law enforcement.
(3) At the time of the plea, including while informing the defendant under subsection (2)(d) of this section, the court may not inquire into the defendant’s immigration status or require the defendant to disclose the defendant’s immigration status.
(4) After informing the defendant under subsection (2)(d) of this section, upon the defendant’s request, the court shall allow the defendant additional time to consider the decision to enter a plea of guilty or no contest. [1973 c.836 §167; 1979 c.118 §1; 2001 c.635 §12; 2007 c.220 §1; 2019 c.384 §13; 2019 c.437 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.390 - Determining voluntariness of plea; nature of plea agreement.

(1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.
(2) The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement.
(3) If the plea agreement includes an agreement that the district attorney will seek or not oppose dismissal of a charge in exchange for the defendant’s plea of guilty or no contest to another charge, the court may not accept the plea of guilty or no contest unless:
(a) The agreement includes a written provision that indicates whether the court is required to reinstate charges that are dismissed pursuant to the agreement if the plea of guilty or no contest is withdrawn under ORS 135.365 or the judgment of conviction is subsequently reversed, vacated or set aside; and
(b) If the agreement requires the court to reinstate charges under the circumstances described in paragraph (a) of this subsection, the defendant has provided the court with a written waiver of the statute of limitations and any statutory or constitutional speedy trial or double jeopardy rights, applicable to the dismissed charges.
(4) If the district attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court shall advise the defendant personally that the recommendations of the district attorney are not binding on the court.
(5)(a) If the district attorney has provided a plea offer and agreed disposition recommendation to the defendant as provided in ORS 135.405 and the defendant is entering a guilty plea based on the plea offer and agreed disposition recommendation, the court shall determine whether the plea is voluntarily made. Except as otherwise provided in paragraph (b) of this subsection, if the court finds that the plea is voluntarily made, the court shall impose sentence as provided in the agreed disposition recommendation.
(b) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the defendant an opportunity to withdraw the plea. [1973 c.836 §168; 2001 c.635 §11; 2009 c.356 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.405 - Plea discussions and plea agreements.

(1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415 and the prohibitions set forth in ORS 135.418, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement.
(2) The district attorney shall engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when, as a matter of record, the defendant has effectively waived the right of the defendant to counsel or, if the defendant is not eligible for appointed counsel, has not retained counsel.
(3) The district attorney in reaching a plea agreement may agree to, but is not limited to, one or more of the following, as required by the circumstances of the individual case:
(a) To make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or no contest to the offense charged;
(b) To seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or no contest to another offense reasonably related to the defendant’s conduct; or
(c) To seek or not to oppose dismissal of other charges or to refrain from bringing potential charges if the defendant enters a plea of guilty or no contest to the offense charged.
(4) Similarly situated defendants should be afforded equal plea agreement opportunities.
(5)(a) A district attorney may provide a plea offer and agreed disposition recommendation to the defendant at the time of arraignment or first appearance of the defendant for a crime in open court under an early disposition program established under ORS 135.941.
(b) Unless extended by the court, a plea offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the arraignment. Except for good cause, a court may not extend a plea offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony. [1973 c.836 §170; 2001 c.635 §10; 2001 c.962 §79; 2013 c.525 §2; 2017 c.650 §8; 2018 c.37 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.407 - Plea agreement must contain defendant’s criminal history classification; stipulations.

In cases arising from felonies committed on or after November 1, 1989:
(1) Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to whether a prior conviction or juvenile adjudication should be included in the defendant’s criminal history, or as to its classification under rules of the Oregon Criminal Justice Commission, the district attorney and the defendant may stipulate to the inclusion, exclusion or classification of the conviction or adjudication as part of the plea agreement subject to approval of the court.
(2) The district attorney and the defendant may stipulate to the grid block classification within the sentencing guidelines grid established by the rules of the Oregon Criminal Justice Commission that will provide the presumptive sentence range for the offender. The sentencing judge may accept the stipulated classification and impose the presumptive sentence provided in the rules of the Oregon Criminal Justice Commission for that grid block.
(3) If the district attorney and the defendant stipulate to a grid block classification within the sentencing guidelines grid, and the sentencing judge accepts the stipulated classification but imposes a sentence other than the presumptive sentence provided by rules of the Oregon Criminal Justice Commission, the sentence is a departure sentence and is subject to rules of the Oregon Criminal Justice Commission related to departures.
(4) The district attorney and defendant may stipulate to a specific sentence within the presumptive range provided by rules of the Oregon Criminal Justice Commission for the stipulated offender classification. If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.
(5) The district attorney and the defendant may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. The sentencing judge may accept an agreement for an optional probationary sentence or a departure sentence as provided in rules of the Oregon Criminal Justice Commission. [1989 c.790 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.415 - Criteria to be considered in plea discussions and plea agreements.

In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations:
(1) The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant.
(2) The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant.
(3) The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.
(4) The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial.
(5) The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct.
(6) The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. [1973 c.836 §171]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.418 - Prohibited plea agreement provisions.

(1) A prosecuting attorney may not condition a defendant’s plea offer on:
(a) The defendant’s waiver of:
(A) The disclosure obligation of ORS 135.815 (1)(g).
(B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270, if the indictment has been indorsed "a true bill."
(C) Eligibility for transitional leave under ORS 421.168.
(D) Eligibility for a reduction in the term of incarceration under ORS 421.120 or 421.121.
(E) Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS 137.750.
(F) The ability to set aside the conviction under ORS 137.225.
(b) A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law.
(2)(a) A plea agreement may not contain a provision prohibited by subsection (1) of this section.
(b) A prohibited provision described in subsection (1) of this section in a plea agreement is contrary to public policy and is void and unenforceable.
(3) As used in this section, "executing or releasing authority" has the meaning given that term in ORS 137.750. [2018 c.37 §2; 2019 c.684 §1; 2021 c.486 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.425 - Responsibilities of defense counsel.

(1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.
(2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.432 - Judge involvement in plea discussions; responsibilities of trial judge.

(1)(a) The trial judge may not participate in plea discussions, except:
(A) To inquire of the parties about the status of any discussions;
(B) To participate in a tentative plea agreement as provided in subsections (2) to (4) of this section;
(C) To make the inquiries required by ORS 147.512; or
(D) As provided in subsection (5) of this section.
(b) Any other judge, at the request of both the prosecution and the defense, or at the direction of the presiding judge, may participate in plea discussions. Participation by a judge in the plea discussion process shall be advisory, and shall in no way bind the parties. If no plea is entered pursuant to these discussions, the advice of the participating judge shall not be reported to the trial judge. If the discussion results in a plea of guilty or no contest, the parties, if they both agree to do so, may proceed with the plea before a judge involved in the discussion. This plea may be entered pursuant to a tentative plea agreement as provided in subsections (2) to (4) of this section.
(2) If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or no contest in the expectation that charge or sentence concessions will be granted, the trial judge, upon request of the parties, may permit the disclosure to the trial judge of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. The trial judge may then advise the district attorney and defense counsel whether the trial judge will concur in the proposed disposition if the information in the presentence report or other information available at the time for sentencing is consistent with the representations made to the trial judge.
(3) If the trial judge concurs, but later decides that the final disposition of the case should not include the sentence concessions contemplated by the plea agreement, the trial judge shall so advise the defendant and allow the defendant a reasonable period of time in which to either affirm or withdraw a plea of guilty or no contest.
(4) When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent decision on whether to grant sentence concessions under the criteria set forth in ORS 135.415.
(5) With the consent of the parties and upon receipt of a written waiver executed by the defendant, the trial judge may participate in plea discussions. [1973 c.836 §173; 1987 c.202 §1; 1997 c.313 §4; 2009 c.178 §33]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.435 - Discussion and agreement not admissible.

(1) Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding:
(a) The fact that the defendant or the counsel of the defendant and the district attorney engaged in plea discussions.
(b) The fact that the defendant or the attorney of the defendant made a plea agreement with the district attorney.
(c) Any statement or admission made by the defendant or the attorney of the defendant to the district attorney and as a part of the plea discussion or agreement.
(2) The provisions of subsection (1) of this section shall not apply if, subsequent to the plea discussions or plea agreement, the defendant enters a plea of guilty or no contest which is not withdrawn. [1973 c.836 §174]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.445 - Withdrawn plea or statement not admissible.

(1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.
(2) No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1973 c.836 §175]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.455 - Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.

(1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at the time or times of the alleged offense together with the name and residence or business address of each witness upon whom the defendant intends to rely for alibi evidence. If the defendant fails to file and serve such notice, the defendant shall not be permitted to introduce alibi evidence at the trial of the cause unless the court for good cause orders otherwise.
(2) As used in this section "alibi evidence" means evidence that the defendant in a criminal action was, at the time of commission of the alleged offense, at a place other than the place where such offense was committed. [Formerly 135.875]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.465 - Defect in accusatory instrument as affecting acquittal on merits.

When the defendant is acquitted on the merits, the defendant is considered acquitted of the offense charged in the accusatory instrument, notwithstanding a defect in form or substance in the accusatory instrument on which the defendant is acquitted. [Formerly 135.880]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.470 - Motion to dismiss accusatory instrument on grounds of former jeopardy.

(1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged.
(2) The time of making the motion and its effect shall be as provided for a motion to set aside the indictment in ORS 135.520 and 135.530.
(3) An order to dismiss the accusatory instrument on grounds of former jeopardy is a bar to a future prosecution of the defendant for the offense charged in the accusatory instrument. [1973 c.836 §177]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.510 - Grounds for motion to set aside the indictment.

(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:
(a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.
(b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.
(2) Subsection (1)(b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580. [Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.520 - Time of making motion; hearing.

A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking the objections to the indictment or accusatory instrument. [Amended by 1973 c.836 §179]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.530 - Effect of allowance of motion.

(1) If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless the court allows the case to be refiled or resubmitted to the same or another grand jury.
(2) If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be released from custody or the release agreement discharged or the security deposit returned. [Amended by 1973 c.836 §180]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.540 - Effect of resubmission of case.

Subject to the limitations of ORS 135.530 (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or any security deposited as provided by law, shall continue to insure the appearance of the defendant to answer a new indictment or information, if one is filed. [Amended by 1973 c.836 §181]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.560 - Order to set aside is no bar to future prosecution.

Except for an order dismissing an accusatory instrument on grounds of former jeopardy, an order to set aside an indictment or to dismiss an accusatory instrument is no bar to a future prosecution for the same crime. [Amended by 1973 c.836 §182]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.610 - Demurrer; generally.

(1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.
(2) The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.630 - Grounds of demurrer.

The defendant may demur to the accusatory instrument when it appears upon the face thereof:
(1) If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within the county;
(2) If the accusatory instrument is an indictment, that it does not substantially conform to the requirements of ORS 132.510 to 132.560, 135.713, 135.715, 135.717 to 135.737, 135.740 and 135.743;
(3) That the accusatory instrument charges more than one offense not separately stated;
(4) That the facts stated do not constitute an offense;
(5) That the accusatory instrument contains matter which, if true, would constitute a legal justification or excuse of the offense charged or other legal bar to the action; or
(6) That the accusatory instrument is not definite and certain. [Amended by 1973 c.836 §184]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.640 - When objections that are grounds for demurrer may be taken.

When the objections mentioned in ORS 135.630 appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment. [Amended by 1973 c.836 §185]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.660 - Judgment on demurrer; entry in register.

Upon considering the demurrer, the court shall give judgment, either allowing or disallowing it, and an entry to that effect shall be made in the register. [Amended by 1985 c.540 §33]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.670 - Allowance of demurrer.

(1) If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the same crime unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new accusatory instrument, allows the case to be resubmitted or refiled.
(2) If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680. [Amended by 1973 c.836 §186]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.680 - Procedure if resubmission of case not allowed.

If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement shall be discharged. If the defendant has deposited any security, the security shall be returned to the defendant as provided by law. [Amended by 1973 c.836 §187]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.690 - Resubmission of case.

If the court allows the case to be resubmitted, the same proceedings shall be had thereon as are prescribed in ORS 135.540. [Amended by 1973 c.836 §188]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.700 - Disallowance of demurrer.

If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith or at such time as the court may allow; but if the defendant does not plead, a plea of not guilty shall be entered. [Amended by 1973 c.836 §189]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.703 - Crimes subject to being compromised; exceptions.

(1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed:
(a) By or upon a peace officer while in the execution of the duties of office;
(b) Riotously;
(c) With an intent to commit a crime punishable only as a felony; or
(d) By one family or household member upon another family or household member, as defined in ORS 107.705, or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 and the crime was:
(A) Assault in the fourth degree under ORS 163.160;
(B) Assault in the third degree under ORS 163.165;
(C) Menacing under ORS 163.190;
(D) Recklessly endangering another person under ORS 163.195;
(E) Harassment under ORS 166.065; or
(F) Strangulation under ORS 163.187.
(2) Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700, the crime may be compromised as provided in ORS 135.705. [Formerly 134.010; 1991 c.938 §1; 1995 c.657 §21; 1995 c.666 §26; 1999 c.738 §9; 2003 c.264 §9; 2003 c.577 §5; 2007 c.70 §35]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.705 - Satisfaction of injured person; dismissal of charges.

(1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.
(b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.
(2) As used in this section, "costs" includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 for the compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and fees and expenses paid under ORS 135.055. [Formerly 134.020; 1981 s.s. c.3 §121; 1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28; 2009 c.484 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.709 - Exclusiveness of procedure.

No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS 135.703 to 135.709 and 135.745 to 135.757. [Formerly 134.040]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.711 - Facts constituting crime or subcategory of crime required.

For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission. [1989 c.790 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.715 - Effect of nonprejudicial defects in form of accusatory instrument.

No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. [Formerly 132.590]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.717 - Time of crime.

The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense. [Formerly 132.610]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.720 - Place of crime in certain cases.

In an accusatory instrument for an offense committed as described in ORS 131.315 and 131.325, it is sufficient to allege that the offense was committed within the county where the accusatory instrument is found. [Formerly 132.620]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.725 - Person injured or intended to be injured.

When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material. [Formerly 132.630]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.730 - Judgments; facts conferring jurisdiction.

In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 132.660]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.733 - Defamation.

An accusatory instrument for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of the defamatory matter on which the accusatory instrument is founded; but it is sufficient to state generally that the same was published concerning the party; and the fact that it was so published must be established on the trial. [Formerly 132.670]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.735 - Forgery; misdescription of forged instrument.

When an instrument which is the subject of an accusatory instrument for forgery has been destroyed or withheld by the act or procurement of the defendant and the fact of the destruction or withholding is alleged in the accusatory instrument and established on the trial, the misdescription of the instrument is immaterial. [Formerly 132.680]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.737 - Perjury.

In an accusatory instrument for perjury, attempted perjury, solicitation of perjury or conspiracy to commit perjury it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, in what court or before whom the oath alleged to be false was taken and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the accusatory instrument need set forth neither the pleadings, record or proceedings with which the oath is connected nor the commission or authority of the court or person before whom the perjury was committed. [Formerly 132.690]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.740 - Construction of words and phrases used.

The words used in an accusatory instrument must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. [Formerly 132.710]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.743 - Fictitious or erroneous name; insertion of true name.

When a defendant is charged in an accusatory instrument by a fictitious or erroneous name and in any stage of the proceedings the true name of the defendant is discovered, it may be inserted in the subsequent proceedings, referring to the fact of the defendant being charged by the name mentioned in the accusatory instrument. [Formerly 132.720]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.745 - Delay in finding an indictment or filing an information.

When a person has been held to answer for a crime, if an indictment is not found against the person within 30 days or the district attorney does not file an information in circuit court within 30 days after the person is held to answer, the court shall order the prosecution to be dismissed, unless good cause to the contrary is shown. [Formerly 134.110]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.746 - Time period within which trial must commence.

(1) Except as provided in ORS 135.748:
(a) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a misdemeanor must commence within two years from the date of the filing of the charging instrument.
(b) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a felony must commence within three years from the date of the filing of the charging instrument.
(c) A trial in which two or more charges have been consolidated pursuant to ORS 132.560 must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.
(d) A joint trial in which two or more defendants are charged in the same charging instrument must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.
(2) The time limits required in subsection (1) of this section cease to apply to a defendant who fails to appear at the date and time scheduled for trial.
(3) If a trial date is scheduled by the court for a defendant represented by counsel and neither the defendant nor the defendant’s counsel objects within seven days of the notice of the trial date to the fact that the scheduled trial date is not within the time limit required in subsection (1) of this section, the time limit is extended until the scheduled trial date, and may be further extended as provided in ORS 135.748. [2014 c.73 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.750 - Where there is reason for delay.

If the defendant is not proceeded against as provided in ORS 135.745, and sufficient reason therefor is shown, the court may order the action to be continued and in the meantime may release the defendant from custody as provided in ORS 135.230 to 135.290, for the appearance of the defendant to answer the charge or action. [Formerly 134.130; 2013 c.431 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.752 - When trial not commenced within time limit.

If a trial is not commenced as required by ORS 135.746, the court shall order the charging instrument to be dismissed without prejudice unless the court finds on the record substantial and compelling reasons to allow the proceeding to continue. [2014 c.73 §3]
Note:
See note under 135.746.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.753 - Effect of dismissal.

(1) If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant.
(2) An order for the dismissal of a charge or action, as provided in ORS 135.703 to 135.709 and 135.745 to 135.757, is a bar to another prosecution for the same crime if the crime is a Class B or C misdemeanor; but it is not a bar if the crime charged is a Class A misdemeanor or a felony.
(3) If any charge or action is dismissed for the purpose of consolidation with one or more other charges or actions, then any such dismissal shall not be a bar to another prosecution for the same offense. [Formerly 134.140; 1975 c.198 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.755 - Dismissal on motion of court or district attorney.

The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed. The reasons for the dismissal shall be set forth in the order, which shall be entered in the register. [Formerly 134.150; 1985 c.540 §35]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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. [Formerly 134.160]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.760 - Notice requesting early trial on pending charge.

(1) Any adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) against whom there is pending at the time of commitment or against whom there is filed at any time during imprisonment, in any court of this state, an indictment, information or criminal complaint charging the adult in custody with the commission of a crime, may give written notice to the district attorney of the county in which the adult in custody is so charged requesting the district attorney to prosecute and bring the adult in custody to trial on the charge forthwith.
(2) The notice provided for in subsection (1) of this section shall be signed by the adult in custody and set forth the place and term of imprisonment. A copy of the notice shall be sent to the court in which the adult in custody has been charged by indictment, information or complaint. [Formerly 134.510; 1987 c.320 §19; 1995 c.423 §9b; 2019 c.213 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.763 - Trial within 90 days of notice unless continuance granted.

(1) The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge.
(2) The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant’s lack of consent, the court may grant a continuance on motion of the district attorney or on its own motion, for good cause shown. The fact of imprisonment is not good cause for the purposes of this subsection. [Formerly 134.520; 1993 c.542 §1; 2019 c.213 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.765 - Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.

(1) On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763.
(2) This section shall not apply:
(a) When failure to bring the adult in custody to trial within 90 days after the district attorney receives notice under ORS 135.760 was the result of motions filed on behalf of the adult in custody, or of a grant by the court of a continuance on motion of the district attorney or on its own motion, for good cause shown; or
(b) When the adult in custody is unavailable for trial, other than by imprisonment, or because of other pending criminal proceedings against the adult in custody. [Formerly 134.530; 1993 c.542 §2; 2019 c.213 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.767 - Presence of prisoner at proceedings.

(1) Whenever the presence of an adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) is necessary in any criminal proceeding under ORS 135.760 to 135.773, the court wherein the adult in custody is charged with the commission of a crime may:
(a) Issue an order directing the Director of the Department of Corrections or the supervisory authority of a county to surrender the adult in custody to the sheriff of the county where the adult in custody is to be tried; or
(b) Ensure that arrangements for the adult in custody to appear by simultaneous electronic transmission as described in ORS 131.045 have been made.
(2) The county where an adult in custody is charged with commission of a crime shall pay the costs of:
(a) Transportation and maintenance of the adult in custody removed under this section; or
(b) Providing for the adult in custody to appear by simultaneous electronic transmission.
(3) If an adult in custody is transported under this section for a criminal proceeding under ORS 135.760 to 135.773, at the conclusion of the proceeding, notwithstanding the provisions of ORS 137.167, the adult in custody shall be returned by the sheriff to the custody of the Department of Corrections or the supervisory authority of the county in which the adult in custody is imprisoned.
(4) The time during which an adult is in the custody of the sheriff under this section is part of and shall be counted as time served under the original sentence. [Formerly 134.540; 1983 c.740 §14; 1987 c.320 §20; 1995 c.423 §9c; 2005 c.566 §8; 2019 c.213 §18]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.770 - Release of prisoner prohibited.

No adult in the custody of a sheriff under ORS 135.767 shall be released pending a criminal proceeding under ORS 135.760 to 135.773 or any appeal therefrom. [Formerly 134.550; 2019 c.213 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.773 - District attorney to furnish certain documents.

The district attorney shall, in all proceedings against adults in custody under ORS 135.760 to 135.773, obtain for and furnish to the court a certified copy of the judgment, sentence or commitment order pursuant to which the adult in custody is imprisoned. [Formerly 134.560; 2019 c.213 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.779 - Enforcement of ORS 135.775 by public agencies.

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes. [Formerly 134.625]