GroundRules
ORS 135.470: Motion to dismiss accusatory instrument on grounds of former jeopardy.
Where this section sits in the code
- 04 - Criminal Procedure, Crimes
- 14. Procedure in Criminal Matters Generally
- Chapter 135 — Arraignment and Pretrial Provisions
(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.
Collected 2026-09-03T23:50:11Z. Source file · JSON