Matthew Mayler Kirstein was arrested on Sunday, June 11th 2017 and booked into Clackamas County Jail in Clackamas, Oregon.
The male arrested was listed as having a date of birth of 01-26-1972 and was arrested for suspicion of the below crimes:
- ORS.162.315 - RESISTING ARREST
- ORS.164.057 - AGGRAVATED THEFT I
- ORS.164.045 - THEFT II
- ORS.164.057 - AGGRAVATED THEFT I
- ORS.165.055 - FRAUDULENT USE OF CREDIT CARD
- ORS.165.803 - AGGRAVATED IDENTITY THEFT
Bail has been set to 85000 for Kirstein which is listed as a 5 ft 9 in white male weighing approximately 200 lbs.
Matthew Mayler Kirstein was arrested in Clackamas County Oregon and Matthew Mayler Kirstein 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 Clackamas County Oregon. For more regarding the Clackamas County Sheriffs department you can visit their website. They can also be contact them at their about us page.
Matthew Mayler Kirstein is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Resisting arrest.
(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.(2) As used in this section:
(a) Arrest has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) Parole and probation officer has the meaning given that term in ORS 181A.355.
(c) Resists means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.
(4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]
Aggravated theft in the first degree.
(1) A person commits the crime of aggravated theft in the first degree, if:(a) The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and
(b) The value of the property in a single or aggregate transaction is $10,000 or more.
(2) Aggravated theft in the first degree is a Class B felony. [1987 c.907 §5]
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]
Fraudulent use of a credit card.
(1) A person commits the crime of fraudulent use of a credit card if, with intent to injure or defraud, the person uses a credit card for the purpose of obtaining property or services with knowledge that:(a) The card is stolen or forged;
(b) The card has been revoked or canceled; or
(c) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
(2) Credit card means a card, booklet, credit card number or other identifying symbol or instrument evidencing an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
(3) The value of single credit card transactions may be added together if the transactions were committed:
(a) Against multiple victims within a 30-day period; or
(b) Against the same victim within a 180-day period.
(4) Fraudulent use of a credit card is:
(a) A Class A misdemeanor if the aggregate total amount of property or services the person obtains or attempts to obtain is less than $1,000.
(b) A Class C felony if the aggregate total amount of property or services the person obtains or attempts to obtain is $1,000 or more. [1971 c.743 §160; 1973 c.133 §7; 1987 c.907 §11; 1993 c.680 §26; 2009 c.16 §7]
Aggravated identity theft.
(1) A person commits the crime of aggravated identity theft if:(a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;
(b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft;
(c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or
(d) The person violates ORS 165.800 and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.
(2) Aggravated identity theft is a Class B felony.
(3) As used in this section, previous conviction includes:
(a) Convictions occurring before, on or after January 1, 2008; and
(b) Convictions entered in any other state or federal court for comparable offenses.
(4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 §1]
