Clifford Dwain Frey was booked at 5:52 PM on Thursday, December 14th, 2017 by Portland Police, North Precinct. Frey was booked into Multnomah County Jail in Portland, Oregon.
The 43 year old male was arrested for suspicion of the below crimes:
- CONTEMPT COURT (U Unknown)
- CONTEMPT COURT (U Unknown)
- FL REG SEX OFF FEL (C Felony)
- FL REG SEX OFF MISD (A Misdemeanor)
- REST ORD VIOL CONTMT (U Misdemeanor)
No bail has been set for Frey which is listed as a 5 ft 9 in white male weighing approximately 140 lbs.
Clifford Dwain Frey was arrested in Multnomah County Oregon and Clifford Dwain Frey has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office near Multnomah County Oregon. For more regarding the Multnomah County Sheriffs department you can visit their website. They can also be contact them at their Frequently asked Questions.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Definitions for ORS 33.015 to 33.155
For the purposes of ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) (1) “Confinement” means custody or incarceration, whether actual or constructive.
(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.
(b) Disobedience of, resistance to or obstruction of the court’s authority, process, orders or judgments.
(c) Refusal as a witness to appear, be sworn or answer a question contrary to an order of the court.
(d) Refusal to produce a record, document or other object contrary to an order of the court.
(e) Violation of a statutory provision that specifically subjects the person to the contempt power of the court.
(3) “Punitive sanction” means a sanction imposed to punish a past contempt of court.
(4) “Remedial sanction” means a sanction imposed to terminate a continuing contempt of court or to compensate for injury, damage or costs resulting from a past or continuing contempt of court. [1991 c.724 §1; 2005 c.22 §23]
Failure to report as sex offender; defense.
(1) A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010, 163A.015, 163A.020 or 163A.025 and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:(a) Fails to make the initial report to an agency;
(b) Fails to report when the person works at, carries on a vocation at or attends an institution of higher education;
(c) Fails to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;
(d) Moves to a new residence and fails to report the move and the person’s new address;
(e) Fails to make an annual report;
(f) Fails to provide complete and accurate information;
(g) Fails to sign the sex offender registration form as required;
(h) Fails or refuses to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority; or
(i) Fails to submit to fingerprinting or to having a photograph taken of the person’s face, identifying scars, marks or tattoos.
(2)(a) It is an affirmative defense to a charge of failure to report under subsection (1)(d) of this section by a person required to report under ORS 163A.010 (3)(a)(B), 163A.015 (4)(a)(B) or 163A.025 (3)(a) that the person reported, in person, within 10 days of a change of residence to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, if the person otherwise complied with all reporting requirements.
(b) It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (2)(b)(A)(i) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, within 10 days of moving into this state.
(c) It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (2)(b)(B)(i) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, within six months of moving into this state.
(d) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.025 (2)(b)(A)(ii) or (B)(ii) or (3) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, if the person otherwise complied with all reporting requirements.
(e) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.010 (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under ORS 163A.010 (3)(c).
(f) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.025 (2) or (3) that the person reported to the Oregon Youth Authority or a county juvenile department if the person establishes that the authority or department registered the person under ORS 163A.025 (8).
(3)(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.
(b) Failure to report as a sex offender is a Class C felony if the person violates:
(A) Subsection (1)(a) of this section; or
(B) Subsection (1)(b), (c), (d) or (g) of this section and the crime for which the person is required to report is a felony.
(4) A person who fails to sign and return an address verification form as required by ORS 163A.035 (4) commits a violation. [Formerly 181.812]
Failure to report as sex offender; defense.
(1) A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010, 163A.015, 163A.020 or 163A.025 and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:(a) Fails to make the initial report to an agency;
(b) Fails to report when the person works at, carries on a vocation at or attends an institution of higher education;
(c) Fails to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;
(d) Moves to a new residence and fails to report the move and the person’s new address;
(e) Fails to make an annual report;
(f) Fails to provide complete and accurate information;
(g) Fails to sign the sex offender registration form as required;
(h) Fails or refuses to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority; or
(i) Fails to submit to fingerprinting or to having a photograph taken of the person’s face, identifying scars, marks or tattoos.
(2)(a) It is an affirmative defense to a charge of failure to report under subsection (1)(d) of this section by a person required to report under ORS 163A.010 (3)(a)(B), 163A.015 (4)(a)(B) or 163A.025 (3)(a) that the person reported, in person, within 10 days of a change of residence to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, if the person otherwise complied with all reporting requirements.
(b) It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (2)(b)(A)(i) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, within 10 days of moving into this state.
(c) It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (2)(b)(B)(i) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, within six months of moving into this state.
(d) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.025 (2)(b)(A)(ii) or (B)(ii) or (3) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, if the person otherwise complied with all reporting requirements.
(e) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.010 (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under ORS 163A.010 (3)(c).
(f) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.025 (2) or (3) that the person reported to the Oregon Youth Authority or a county juvenile department if the person establishes that the authority or department registered the person under ORS 163A.025 (8).
(3)(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.
(b) Failure to report as a sex offender is a Class C felony if the person violates:
(A) Subsection (1)(a) of this section; or
(B) Subsection (1)(b), (c), (d) or (g) of this section and the crime for which the person is required to report is a felony.
(4) A person who fails to sign and return an address verification form as required by ORS 163A.035 (4) commits a violation. [Formerly 181.812]
Penalty for intentional violation of restraining order
An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) is a Class B misdemeanor. [1989 c.846 §9; 1999 c.168 §9; 2011 c.597 §159]
