Bernard Joel Sierzega was arrested on Saturday, September 21st 2019 and booked into Marion County Jail in Salem, Oregon.
The male arrested was listed as having a date of birth of and was arrested for suspicion of the below crimes:
DRIVE SUSPENDED/REVOKED MISD
THEFT II
IDENTITY THEFT
IDENTITY THEFT
UNAUTHORIZED USE VEHICLE
BURGLARY II
UNLAWFUL POSSESSION OF METHAMPHETAMINE
UNLAWFUL POSSESSION OF METHAMPHETAMINE
FAIL TO APPEAR II
FAIL TO APPEAR II
UNLAWFUL POSSESSION OF METHAMPHETAMINE
Sierzega is listed as a 6 ft 4 inch white male weight approximately 205 pounds.
Bernard Joel Sierzega was arrested in Marion County Oregon and Bernard Joel Sierzega 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 Marion County Oregon. For more regarding the Marion County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Bernard Joel Sierzega is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Violation driving while suspended or revoked; penalties.
(1) A person commits the offense of violation driving while suspended or revoked if the person does any of the following:(a) Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation.
(b) Drives a motor vehicle outside the limitations of a probationary permit issued under ORS 807.270 or a hardship driver permit issued under ORS 807.240, including any limitations placed on the permit under ORS 813.510.
(c) Drives a commercial motor vehicle upon a highway during a period when the person’s driving privileges or commercial driving privileges have been suspended or revoked in this state or any other jurisdiction.
(2) Affirmative defenses to the offense described in this section are established under ORS 811.180.
(3) The offense described in this section is applicable upon any premises open to the public.
(4) The offense described in this section, violation driving while suspended or revoked, is a Class A traffic violation except as otherwise provided in ORS 811.182. [1983 c.338 §598; 1985 c.16 §304; 1987 c.730 §1; 1987 c.801 §9; 1989 c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999 c.1051 §90; 2009 c.395 §10]
Theft in the second degree.
(1) A person commits the crime of theft in the second degree if:(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.
(2) Theft in the second degree is a Class A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19; 2009 c.11 §12; 2009 c.16 §2]
Identity theft.
(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol;
(b) Was under 18 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175; or
(c) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) Another person means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.
(b) Personal identification includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or alien identification number;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s employer;
(G) The maiden name of a person or a person’s mother;
(H) The identifying number of a person’s depository account at a financial institution or trust company, as those terms are defined in ORS 706.008, or a credit card account;
(I) A person’s signature or a copy of a person’s signature;
(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;
(K) A person’s photograph;
(L) A person’s date of birth; and
(M) A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25]
Unauthorized use of a vehicle.
(1) A person commits the crime of unauthorized use of a vehicle when:(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;
(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or
(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.
(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50]
Burglary in the second degree.
(1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.(2) Burglary in the second degree is a Class C felony. [1971 c.743 §136; 1993 c.680 §24]
Failure to appear in the second degree.
(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:(a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or
(b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a misdemeanor.
(2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]
