David Francis Smithhart was arrested on Thursday, April 16th 2020 and booked into Lane County Jail in Eugene, Oregon.

The 44 year old male was arrested by Eugene Police Department was arrested for suspicion of the below crimes:

1. #164.235 POSSESS BURGLAR TOOLS (Misdemeanor)
2. #475.894 UN POSSESS METHAMPHETAMINE - MISD (Misdemeanor)
3. #164.043 THEFT 3RD DEG - 1 (Misdemeanor)
4. #164.245 CRIMINAL TRESPASS 2ND DEG (Misdemeanor)
5. #164.345 CRIMINAL MISCHIEF 3RD DEG (Misdemeanor)

David Francis Smithhart was arrested in Lane County Oregon and David Francis Smithhart 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 Lane County Oregon. For more regarding the Lane County Sheriffs department you can visit their website. They can also be contact them at their contact us page.

David Francis Smithhart is presumed innocent until proven guilty.

Oregon Sentencing Guidelines

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

Possession of a burglary tool or theft device.
(1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or
(b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.
(2) For purposes of this section, burglary tool or theft device means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.
Theft in the third degree.
(1) A person commits the crime of theft in the third 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 an aggregate transaction is less than $100.
(2) Theft in the third degree is a Class C misdemeanor. [1987 c.907 §2; 2009 c.11 §11; 2009 c.16 §1]
Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]
Criminal mischief in the third degree.
(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.(2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]