Oregon Jury Instruction - Lesser Included Offense
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FAQ
A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted.
Absent the consent of the defendant or an extension under ORS 136.295 (Application of ORS 136.290), the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.
Brief Synopsis: If the pleadings in a case allege facts supporting a lesser-included offense, the judge must give the jury instructions on lesser-included offenses and then the jury may find defendant guilty of lesser-included offense and maybe not the greater offense(s).
Hear this out loud PauseOREGON COURTS (DOES NOT INCLUDE LOCAL RULES) If service occurs within 60 days of filing of the complaint, the action commences on the date of filing. If service occurs outside the 60 days, the action is commenced on the date of service.
Section 136.460 - Verdict where crime consists of degrees; lesser included offenses (1) Upon a charge for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the accusatory instrument and guilty of any degree inferior thereto or of an attempt to commit the crime ...
Hear this out loud PauseThe Sixth Amendment and various state laws guarantee a defendant's right to a speedy trial. Many defendants, particularly those who are waiting in jail, want to enforce this right. But lawyers frequently advise their clients to "waive time"?that is, to agree to the proceedings moving slower than state law provides.
Hear this out loud PauseMizgala, 61 M.J. 122 (the Sixth Amendment to the United States Constitution contains the constitutional guarantee to a speedy trial; although the text of the amendment does not address waiver, courts have held that the Sixth Amendment right is waived by a voluntary guilty plea; this Court has consistently noted that ...
Hear this out loud PauseORS 135.763 ? Trial within 90 days of notice unless continuance granted.