Marbello Modesto Guzman was booked at 6:56 AM on Tuesday, September 12th, 2017 by Gresham Police Department. Guzman was booked into Multnomah County Jail in Portland, Oregon.
The 25 year old male was arrested for suspicion of the below crimes:
Bail has been set to $20,000 for Guzman which is listed as a 5 ft 10 in hispanic male weighing approximately 180 lbs.
Marbello Modesto Guzman was arrested in Multnomah County Oregon and Marbello Modesto Guzman 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.
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Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Child neglect in the first degree.
(1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:(A) In a vehicle where controlled substances are being criminally delivered or manufactured;
(B) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:
(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or
(ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885; or
(C) In or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.
(b) As used in this subsection, vehicle and premises do not include public places, as defined in ORS 161.015.
(2) Child neglect in the first degree is a Class B felony.
(3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.
(4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 §1; 2001 c.387 §1; 2001 c.870 §11; 2005 c.708 §2]
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]
Unlawful possession of methamphetamine.
(1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.(2) Unlawful possession of methamphetamine is a Class C felony. [2005 c.708 §18]
Violation of post-prison supervision conditions; sanctions.
(1) Except as otherwise provided by rules of the Department of Corrections and the State Board of Parole and Post-Prison Supervision concerning parole and post-prison supervision violators, the supervisory authority shall use a continuum of administrative sanctions for violations of the conditions of post-prison supervision.(2) The sanction continuum shall include adjustments to the level of supervision and, as approved by the board or the local supervisory authority that imposed the initial conditions of post-prison supervision:
(a) Modification of or additions to the conditions of supervision; and
(b) Any other appropriate available local sanctions including, but not limited to, jail, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day centers or other local sanctions established by agreement with the supervisory authority.
(3) An offender may not be confined in a restitution center, work release center or jail for more than 15 days for a violation of conditions of post-prison supervision unless:
(a) The Department of Corrections, county corrections agency or supervisory authority imposes a local sanction under subsection (1) of this section;
(b) A reentry court imposes a local sanction under section 29, chapter 649, Oregon Laws 2013; or
(c) The board or its designated representative initiates a hearing for the purpose of imposing a sanction under ORS 144.107 or 144.108.
(4) A hearing before the board is not required if the department, a county corrections agency, the supervisory authority or the court imposes a local sanction under subsection (3) of this section. However, the board may conduct a hearing under the procedures in ORS 144.343 and 144.347 and impose a different sanction on the offender than that imposed by the department, a county corrections agency, the supervisory authority or the court. [1989 c.790 §35; 1991 c.836 §1; 1997 c.525 §4; 2013 c.649 §31]
