If you steal someone’s car in Oregon, the normal criminal charge is called Unauthorized Use of a Vehicle. There are different ways a person can commit this crime – a person can take your car without your permission (what most people think about with this crime); but, it is also this crime if you give someone permission to drive your car but they don’t give it back after you demand its return. When the prosecutor files such an allegation, they specify in the allegation how the crime is alleged to have occurred and it is that allegation the prosecution and defense will litigate at trial. In this case, the factual allegations were that Mr. Beach’s client had failed to return the car he had been allowed to drive (the second form of this crime). But, the prosecutor filed the charge alleging that Mr. Beach’s client had taken the car without permission – something the facts didn’t support. If convicted, Mr. Beach’s client faced a presumptive 26 months of prison. At trial, Mr. Beach established that his client had indeed committed the crime – but, he did it the way the prosecutor had not filed the formal allegations. Accordingly, Mr. Beach’s client was found not guilty of the crime the prosecutor alleged – therefore, no prison time at all and no probation. The prosecutor can’t try again since the constitution prevents that through the double jeopardy protection.