§ 135.752 When trial not commenced within time limit

If your trial doesn't start on time under Oregon's speedy trial rule, this law tells the court what to do about it. The court must dismiss the criminal case, but this kind of dismissal doesn't stop the state from filing charges again later.

The only way the court can skip dismissing the case is if it finds a strong, clear reason to let the case keep going. The judge has to state this reason out loud or in writing as part of the court record. This means judges can't just ignore trial deadlines without explaining why.

For people facing criminal charges, this rule offers some protection against long delays. If the state misses the deadline for starting a trial without a good reason, the charges get dropped. However, since the dismissal is "without prejudice," prosecutors can often refile the same charges and start the process over, as long as other laws like the statute of limitations still allow it.