Portland, OR asked in Criminal Law and DUI / DWI for Oregon

Q: I was cite and release and givin court date showed up for indictment but not on the docket is my case dismissed

Is my case dismissed or is there chance of secret indictment

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1 Lawyer Answer
Greg Freeze
Greg Freeze
  • DUI & DWI Lawyer
  • Port Townsend, WA
  • Licensed in Oregon

A: No, your case is not likely dismissed. Some busy courts, like Lane County Circuit Court, run so late in getting the DUII cases on the docket, that defendants often show up and the District Attorney's Office isn't ready for the arraignment. In that situation, the case isn't on the docket and you will have to "check in" with the DA upstairs to let them know that you appeared. You then get a different date. This type of situation may happen in other courts as well.

For the local court in Florence, Oregon, the DUII cases get finalized on the docket on Friday by about noon. There are two case numbers, one is from the Police Department, and one the court issues. I've never seen the local Florence court miss getting the paperwork ready for arraignments on Tuesday. Tuesday is the out-of-custody docket.

There is no secret indictment with a DUII. You case is done on a "information." The exception would be if something else went on with the DUII, like a felony manslaughter. You would have mentioned that in your question if it applied to you, so that's why it's safe to say that there isn't anything secret that will be going on. What happens is the prosecutor reviews your file and then puts together the charges.

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