Arrest Reports and Laws

Brian Keith Nepaial Arrested

Brian Keith Nepaial was arrested on Wednesday, March 11th 2020 and booked into Marion County Jail in Salem, Oregon.

Marion County Mugshots -  Brian Keith 
Nepaial

The male arrested was listed as having a date of birth of and was arrested for suspicion of the below crimes:

  1. UNLAWFUL DELIVERY OF HEROIN W/IN 1000' SCHOOL

  2. UNLAWFUL DELIVERY METHAMPHETAMINE W/IN 1000' SCHOOL

  3. FAIL TO APPEAR II

  4. FAIL TO APPEAR II

  5. FAIL TO APPEAR-CRIM CITATION

  6. FAIL TO APPEAR II

  7. DRIVE SUSPENDED/REVOKED MISD

  8. UNLAWFUL DELIVERY METHAMPHETAMINE

  9. ATT TO ELUDE POLICE-VEHICLE

  10. ATT TO ELUDE POLICE-VEHICLE

  11. UNLAWFUL POSSESSION OF METHAMPHETAMINE

  12. PAROLE VIOLATION

Nepaial is listed as a 6 ft inch asian oth male weight approximately 175 pounds.

Brian Keith Nepaial was arrested in Marion County Oregon and Brian Keith Nepaial 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.

Brian Keith Nepaial is presumed innocent until proven guilty.

Oregon Sentencing Guidelines


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Below are the Oregon laws which may relate to this arrest:


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]
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]
Unlawful delivery of methamphetamine.
(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine.(2) Unlawful delivery of methamphetamine is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful delivery of methamphetamine is a Class A felony if the delivery is to a person under 18 years of age.
(4) The minimum fine for unlawful delivery of methamphetamine is $500. [2005 c.708 §16; 2011 c.597 §13]
Fleeing or attempting to elude police officer; penalty.
(1) A person commits the crime of fleeing or attempting to elude a police officer if:(a) The person is operating a motor vehicle; and
(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:
(A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or
(B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.
(2) It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.
(3) The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:
(a) Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or
(b) Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]

PARKING, STOPPING AND STANDING

(Generally)
Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release; investigation by department.
(1)(a) The Department of Corrections or other supervisory authority may order the arrest and detention of any person then under the supervision, custody or control of the department or other supervisory authority upon being informed and having reasonable grounds to believe that such person has:(A) Violated the conditions of parole, post-prison supervision, probation, conditional pardon or other conditional release from custody; or
(B) Escaped from the supervision, custody or control of the department or other supervisory authority.
(b) Before issuing an order under paragraph (a)(A) of this subsection, the department or other supervisory authority shall investigate for the purpose of ascertaining whether the terms of the parole, post-prison supervision, probation, conditional pardon or other conditional release have been violated.
(2) Notwithstanding subsection (1) of this section, the department or other supervisory authority may order the arrest and detention of any person under its supervision or control if it has reasonable grounds to believe that such person is a danger to self or to others. A hearing shall follow as promptly as convenient to the parties to determine whether probable cause exists to continue detention pending a final determination of the case.
(3) As used in this section, escape means the unlawful departure of a person from a correctional facility, as defined in ORS 162.135, or from the supervision, custody or control of a corrections officer or other person authorized by the department or supervisory authority to maintain supervision, custody or control of the person while the person is outside the correctional facility. [Amended by 1969 c.597 §117; 1981 c.644 §8; 1987 c.320 §63; 1989 c.790 §44; 1995 c.423 §25; 1999 c.120 §2]

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