Jacob Leeland Lunstedt was arrested on Tuesday, March 13th 2018 and booked into Marion County Jail in Salem, Oregon.
The male arrested was listed as having a date of birth of and was arrested for suspicion of the below crimes:
THEFT I
THEFT I
THEFT I
THEFT I
THEFT III
DRIVE UNDER INFLUENCE INTOX
HIT AND RUN-VEHICLE-PROPERTY
DRIVE SUSPENDED/REVOKED MISD
RESIST ARREST
BURGLARY I
THEFT I
CRIM MISCHIEF II
CRIM TRESPASS I
SRC - ALL MAJOR TRAFFIC
THEFT III
CRIM MISCHIEF II
Lunstedt is listed as a 6 ft inch white male weight approximately 170 pounds.
Jacob Leeland Lunstedt was arrested in Marion County Oregon and Jacob Leeland Lunstedt 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.
Jacob Leeland Lunstedt is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Theft in the first degree.
(1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:(a) The total value of the property in a single or aggregate transaction is $1,000 or more;
(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
(f) The subject of the theft is a precursor substance.
(2) As used in this section:
(a) Companion animal means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.
(b) Explosive means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
(c) Firearm has the meaning given that term in ORS 166.210.
(d) Livestock animal means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(e) Precursor substance has the meaning given that term in ORS 475.940.
(3) Theft in the first degree is a Class C felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991 c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10; 2009 c.16 §3; 2009 c.610 §6; 2013 c.24 §11]
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]
Driving under the influence of intoxicants; penalty.
(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:(a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or
(c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.
(2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.
(3) A person convicted of the offense described in this section is subject to ORS 813.020 in addition to this section.
(4) Except as provided in subsection (5) of this section, the offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.
(5)(a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in violation of:
(i) This section; or
(ii) The statutory counterpart to this section in another jurisdiction.
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.
(C) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.
(b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.
(6) In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving while under the influence of intoxicants as follows:
(a) For a person’s first conviction, a minimum of $1,000.
(b) For a person’s second conviction, a minimum of $1,500.
(c) For a person’s third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.
(d) For a person who drives a vehicle while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150, a minimum of $2,000.
(7) Notwithstanding ORS 161.635, $10,000 is the maximum fine that a court may impose on a person convicted of driving while under the influence of intoxicants if:
(a) The current offense was committed in a motor vehicle; and
(b) There was a passenger in the motor vehicle who was under 18 years of age and was at least three years younger than the person driving the motor vehicle. [1983 c.338 §587; 1985 c.16 §293; 1987 c.138 §5; 1991 c.835 §7; 1999 c.619 §3; 1999 c.1049 §1; 2003 c.14 §495; 2003 c.445 §1; 2007 c.879 §3; 2009 c.525 §1; 2009 c.613 §1]
Failure to perform duties of driver when property is damaged; penalty.
(1) A person commits the offense of failure to perform the duties of a driver when property is damaged if the person is the driver of any vehicle and the person does not perform duties required under any of the following:(a) If the person is the driver of any vehicle involved in an accident that results only in damage to a vehicle that is driven or attended by any other person the person must perform all of the following duties:
(A) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this subparagraph shall be made without obstructing traffic more than is necessary.
(B) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this paragraph.
(C) Give to the other driver or passenger the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.
(D) Upon request and if available, exhibit and give to the occupant of or person attending any vehicle damaged the number of any documents issued as evidence of driving privileges granted to the driver.
(b) If the person is the driver of any vehicle that collides with any vehicle that is unattended, the person shall immediately stop and:
(A) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle; or
(B) Leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
(c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:
(A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.
(B) Upon request and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.
(2) The offense described in this section, failure to perform the duties of a driver when property is damaged, is a Class A misdemeanor and is applicable on any premises open to the public. [1983 c.338 §572]
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]
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]
Burglary in the first degree.
(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;
(b) Causes or attempts to cause physical injury to any person; or
(c) Uses or threatens to use a dangerous weapon.
(2) Burglary in the first degree is a Class A felony. [1971 c.743 §137; 2003 c.577 §10]
Criminal mischief in the first degree.
(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:(a) Damages or destroys property of another:
(A) In an amount exceeding $1,000;
(B) By means of an explosive;
(C) By starting a fire in an institution while the person is committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055;
(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or
(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.
(2) As used in subsection (1) of this section:
(a) Institution includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.
(b) Medical facility means a health care facility as defined in ORS 442.015, a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.
(c) Public utility has the meaning provided for that term in ORS 757.005 and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.
(d) Railroad has the meaning provided for that term in ORS 824.020.
(e) Public transportation facility means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.
(f) Telecommunications carrier has the meaning given that term in ORS 133.721.
(3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]
Criminal trespass in the first degree.
(1) A person commits the crime of criminal trespass in the first degree if the person:(a) Enters or remains unlawfully in a dwelling;
(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;
(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or
(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.
(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:
(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;
(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and
(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.
(3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]
