Oregon Motion to Bar Use of Certain Aggravating Circumstances

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Multi-State
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US-00806
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This Motion to Bar Use of Certain Aggravating Circumstances is a Motion filed by the Defendant bar use of aggravating circumstances because of its prejudice to the jury. This Motion is an exmple that can be used in any state.
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  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances

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FAQ

Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime. Recognition of particular aggravating circumstances varies by jurisdiction.

ORS 33.105(1)(a, c-f) allows the court to impose one or more of the following sanctions: payment of a sum of money sufficient to compensate a party for the loss, injury, or costs suffered by the party as the result of contempt; an amount not to exceed $500 or one percent of the defendant's annual gross income, ...

You will need to wait for a judge to sign an Order to Show Cause requir- ing the other party appear in court for a contempt hearing. Then you will need to have your forms personally served on the other party. You can find contempt forms here: https:// .courts.oregon.gov/forms/Documents/ EntirePacket19.

What does 'in contempt' mean? A person may be held in contempt in a number of ways. The legal sense may be defined as "willful disobedience to or open disrespect of a court, judge, or legislative body." In a general sense if you hold someone in contempt it simply means that you despise or strongly disapprove of them.

(2) ?Contempt of court? means the following acts, done willfully: (a) Misconduct in the presence of the court that interferes with a court proceeding or with the. administration of justice, or that impairs the respect due the court.

Being held in contempt, or disobedient of a court order, will result in paying money, serving jail time, or other remedies such as allowing make-up parenting time.

Here's how to get a dismissal based on Oregon's speedy trial statute: First, the government must set your misdemeanor trial ?two years from the date of the filing of the charging instrument.? ORS 135.746(1)(a).

(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 ...

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Oregon Motion to Bar Use of Certain Aggravating Circumstances