- Oregon, like every other state, has a set of laws to deal criminal matters such as arrest and incarceration. These laws are found in Title 14 of the Oregon Revised Statutes. Title 14, which is labeled as " Procedure in Criminal Matters Generally," has 14 chapters addressing the specifics of criminal law in Oregon.
Statutes of Limitations
- There is no statute on limitations in murder, attempted murder or the solicitation of murder or conspiracy to commit murder under Oregon law. Crimes such as rape, sexual abuse in the first and second degree and promoting prostitution have a time limit for prosecution of six years after the offense occurs. However, if the victim was under 18 at the time the crime occurred, prosecution may begin any time until the victim turns 30 or 12 years after the crime is reported, whichever happens first, according to the Oregon Revised Statutes, Section 131.125.
- Normally, a criminal trial is held in the county where the offense occurred. If it is impossible to determine in which county the crime happened, the defendant is tried in the county in which he resides. If the defendant has no fixed residence in Oregon, the trial is held in the county in which he was apprehended or to which he was extradited, according Section 131.325 of the Oregon Revised Code.
- When a law enforcement officer responds to domestic violence and has probable cause to believe a physical assault has happened or is likely to happen, he must take the assailant or likely assailant into custody, according to The Oregon Revised Statutes, Section 133.055. The officer may consider when deciding whether or not to make an arrest such factors as: the extent of the injuries inflicted on the parties, whether any injuries were inflicted in self defense, the domestic violence history of the relevant party and the potential for future violence.
Failure to Appear
- An individual who is given a criminal citation must appear before the court at the date written on the citation. If the person does not appear in court at the scheduled time, the presiding judge will issue a warrant for her arrest.