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Oregon Revised Statutes Procedure in Criminal Matters Generally § 135.470

Current as of January 01, 2023 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Criminal Matters Generally § 135.470 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-14-procedure-in-criminal-matters-generally/or-rev-st-sect-135-470/

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