James Oracio Rodriquez was booked at 6:45 PM on Tuesday, January 23rd, 2018 by Tri-Met Police. Rodriquez was booked into Multnomah County Jail in Portland, Oregon.
The 49 year old male was arrested for suspicion of the below crimes:
Bail has been set to $1,000 for Rodriquez which is listed as a 5 ft 7 in white male weighing approximately 165 lbs.
James Oracio Rodriquez was arrested in Multnomah County Oregon and James Oracio Rodriquez 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:
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]
Interfering with public transportation.
(1) A person commits the crime of interfering with public transportation if the person:(a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;
(b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;
(c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025; or
(d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact.
(2) Interfering with public transportation is a Class A misdemeanor.
(3) As used in this section:
(a) Enter or remain unlawfully has the meaning given that term in ORS 164.205.
(b) Public transit station includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.
(c) Public transit vehicle means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.
(d) Public transportation means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 §3 (enacted in lieu of 166.115); 2005 c.631 §4]
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]
