Franke Alan Zydowicz was booked at 12:13 AM on Sunday, October 8th, 2017 by Portland Police, North Precinct. Zydowicz was booked into Multnomah County Jail in Portland, Oregon.
The 29 year old male was arrested for suspicion of the below crimes:
- POSS MARIJUANA (B Felony)
- THEFT OF SERV 3 (C Misdemeanor)
- RESIST ARREST (A Misdemeanor)
- FUGITIVE (U Felony)
Bail has been set to $21,000 for Zydowicz which is listed as a 5 ft 11 in white male weighing approximately 165 lbs.
Franke Alan Zydowicz was arrested in Multnomah County Oregon and Franke Alan Zydowicz 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 Multnomah County Oregon. For more regarding the Multnomah County Sheriffs department you can visit their website. They can also be contact them at their Frequently asked Questions.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Unlawful possession of marijuana or marijuana product; exceptions.
(1) As used in subsections (2) to (4) of this section:(a) Marijuana means the leaves, stems and flowers of the plant Cannabis family Moraceae.
(b) Marijuana product has the meaning given the term marijuana in ORS 475.005 (16), but does not include the leaves, stems and flowers of the plant Cannabis family Moraceae.
(2) It is unlawful for any person under 21 years of age knowingly or intentionally to possess marijuana or marijuana product.
(3)(a) Unlawful possession of more than eight avoirdupois ounces of marijuana by a person under 21 years of age is a Class A misdemeanor.
(b) Unlawful possession of more than one avoirdupois ounce of marijuana, but less than eight avoirdupois ounces, by a person under 21 years of age is a Class B misdemeanor.
(c) Unlawful possession of one avoirdupois ounce or less of marijuana by a person under 21 years of age is a specific fine violation. The presumptive fine for a violation under this paragraph is $650.
(4)(a) Unlawful possession of more than 16 avoirdupois ounces of marijuana product in a solid form or more than 72 ounces of marijuana product in a liquid form by a person under 21 years of age is a Class A misdemeanor.
(b) Unlawful possession of 16 avoirdupois ounces or less of marijuana product in a solid form or 72 ounces or less of marijuana product in a liquid form by a person under 21 years of age is a Class B misdemeanor.
(5) As used in subsections (6) to (8) of this section, cannabinoid concentrate, cannabinoid extract, cannabinoid product, licensee, licensee representative, marijuana, marijuana retailer, public place and usable marijuana have the meanings given those terms in ORS 475B.015.
(6) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 to 475B.395, and any rule adopted under ORS 475B.010 to 475B.395, it is unlawful for any person 21 years of age or older knowingly or intentionally to possess:
(a) More than one ounce of usable marijuana in a public place.
(b) More than eight ounces of usable marijuana.
(c) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates.
(d) More than 72 ounces of cannabinoid products in liquid form.
(e) More than one ounce of cannabinoid extracts.
(f) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license under ORS 475B.110.
(7) A violation of subsection (6)(a) to (e) of this section is a:
(a) Class A misdemeanor, if the amount possessed is more than four times the applicable maximum amount specified in subsection (6)(a) to (e) of this section;
(b) Class B misdemeanor, if the amount possessed is more than two times, but not more than four times, the applicable maximum amount specified in subsection (6)(a) to (e) of this section; or
(c) Class B violation, if the amount possessed is not more than two times the applicable maximum amount specified in subsection (6)(a) to (e) of this section.
(8) A violation of subsection (6)(f) of this section is a:
(a) Class C felony, if the amount possessed is more than one-quarter ounce of the cannabinoid extract; or
(b) Class B misdemeanor, if the amount possessed is not more than one-quarter ounce of the cannabinoid extract. [2005 c.708 §33; 2011 c.597 §89; 2013 c.591 §2; 2015 c.1 §79; 2015 c.614 §123]
Theft of services.
(1) A person commits the crime of theft of services if:(a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or
(b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.
(2) As used in this section, services includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. Communication service includes, but is not limited to, use of telephone, computer and cable television systems.
(3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.
(4) The value of single theft transactions may be added together if the thefts were committed:
(a) Against multiple victims by a similar means within a 30-day period; or
(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.
(5) Theft of services is:
(a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is less than $100;
(b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $100 or more and less than $1,000;
(c) A Class C felony if the aggregate total value of services that are the subject of the theft is $1,000 or more; and
(d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more. [1971 c.743 §133; 1973 c.133 §1; 1985 c.537 §1; 1987 c.907 §8; 1993 c.680 §21; 2009 c.16 §4]
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]
Violator as fugitive from justice.
After the suspension of parole or post-prison supervision or revocation of probation or conditional pardon of any convicted person, and until the return of the person to custody, the person shall be considered a fugitive from justice. [Amended by 1973 c.694 §11; 1989 c.790 §47]
