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  1. #1

    Default What Are The Penalties Of First Offense Shoplifting

    I was caught shoplifting at Nordstrom and the cost of the stolen items was $270 with no damage. I told the Nordstrom's security people that I didn't steal the items and that I had the items with me when I walked into the store. However, they told me that they saw me grab the same items that were found in my bag and take them into the fitting rooms. I didn't have the receipt for the items nor did any of them have any "receipt free return stickers" on the tag, which comes with them when they are purchased. I told them I don't know anything about how the items were purchased and I don't have the receipt becuase I got them as gifts. They also said that they saw me put the items inside my bag, but they have no proof of that. They have no proof of me stealing the items, but they have me on camera with the items and it's in their system that one of each item that I took is missing. But how do they know that the ONE I took is the missing one. I also told them that the items they saw me grab, I tried them on and didn't like it so put it back on the go back rack in the fitting rooms. They called the police and the police gave me a citation to appear in court a month later with a warrant. I am 18 years old and have a clean record and live in the state of Oregon. I also don't have any money to get an attorney. Is the attorney that the court appoints free?

    1) how should I plea? guilty or not guilty? do I have a chance to win?
    2) Is there anything I can do during the one month of my court date?
    3) what will happen in court?
    4) what could the charges and penalties be? Will there be any way I can lesser my charges?
    5) Is there any way for me not to get convicted or have a record?

    Please help me! I'm depressed, scared to death, and feel suicidal.
    I have no idea what to do and how to handle this situation.
    Please help me, any advice or comments will be greatly appreciated! I will answer any further needed questions, in order to help me.

    Thank you so much.

  2. #2
    Join Date
    Oct 2007
    Posts
    15

    Default Re: What Are The Penalties Of First Offense Shoplifting

    If you go to the top of the page and put keyword 'shoplift' in Search Forums, you will see hundreds of shoplifting cases. I suggest you go through these cases to get as much information as possible.

  3. #3

    Default Re: What Are The Penalties Of First Offense Shoplifting

    does anyone have specific advice on my situation. I can't seem to find any cases like mine, especially in Oregon...what are oregon laws on shoplifting?

    1)Is there a possibility for me to take a diversion program before my court date?

    2)what wil my fines be in court in addition to the civil demand by Nordstrom? what will my other consequences be besides the fines? and how long?

    3)will it be better to plea guilty? If I do plea "not guilty" and lose my case will the court give me even more harsh punishments?

    4)when will I be able to get an expungement?

  4. #4
    panther10758 Guest

    Default Re: What Are The Penalties Of First Offense Shoplifting

    Oregon

    164.005 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:


    (1) “Appropriate property of another to oneself or a third person” or “appropriate” means to:

    (a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or

    (b) Dispose of the property of another for the benefit of oneself or a third person.

    (2) “Deprive another of property” or “deprive” means to:

    (a) Withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person; or

    (b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

    (3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

    (4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

    (5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract.




    164.025 Consolidation of theft offenses; pleading and proof.

    (1) Except for the crime of theft by extortion, conduct denominated theft under ORS 164.015 constitutes a single offense.


    (2) If it is an element of the crime charged that property was taken by extortion, an accusation of theft must so specify. In all other cases an accusation of theft is sufficient if it alleges that the defendant committed theft of property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which the theft was committed.


    (3) Proof that the defendant engaged in conduct constituting theft as defined in ORS 164.015 is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An accusation of theft by extortion must be supported by proof establishing theft by extortion.


    164.055 Theft in the first degree.

    (1) A person commits the crime of theft in the first degree if, by other thanextortion, 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 $200 or more in a case of theft by receiving, and $750 or more in any other case; or
    (b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected thereby; or
    (c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property; or
    (d) The subject of the theft is a firearm or explosive


    (3) Theft in the first degree is a Class C felony.


    164.045 Theft in the second degree.

    (1) A person commits the crime of theft in the second degree if, by other than extortion, the person:


    (a) Commits theft as defined in ORS 164.015; and
    (b) The total value of the property in a single or aggregate transaction is $50 or more but is under $200 in a case of theft by receiving and under $750 in any other case.


    (2) Theft in the second degree is a Class A misdemeanor.


    164.043 Theft in the third degree.

    (1) A person commits the crime of theft in the third degree if, by means other than extortion, the person:


    (a) Commits theft as defined in ORS 164.015; and
    (b) The total value of the property in a single or an aggregate transaction is under $50.


    (2) Theft in the third degree is a Class C misdemeanor.

  5. #5

    Default Re: What Are The Penalties Of First Offense Shoplifting

    1) what will be the likely charges against me be? If I have a theft 2 misdemeanor and a clean record? will I go to jail?

    2) How much will the fines be? what are the methods for paying for it if i don't have any money?

    3) How and when will I get a public defender? are they free?

    4) should I plea "guilty" or "not guilty" ? If I did plea "not guilty" but lose in my case, will the court give me even more harsh punishments? *

    5) Am I able to take a diversion class and get my charges dropped?

    I'm terrified. I still have to go to college, get a job and still have a future ahead of me and I don't want a mistake like this to ruin my life. I have never been to court and I have no idea what to do or what to expect..I don't know much about the law either. Please help me!

    * = urgent, need advice

  6. #6
    panther10758 Guest

    Default Re: What Are The Penalties Of First Offense Shoplifting

    1) what will be the likely charges against me be? If I have a theft 2 misdemeanor and a clean record? will I go to jail?
    We cannot predict outcomes discuss your options with your Attorney

    2) How much will the fines be? what are the methods for paying for it if i don't have any money?
    My guess less than $1000.00 If you dont have money a payment plan might be avilable or (I have heard) you can exchange jail time for monies. However I heard this and an unsure if what I heard is correct

    3) How and when will I get a public defender? are they free?
    There might be a minimal cost but it should be less than $500.00 unless case dtags out and it could possibly be free.

    4) should I plea "guilty" or "not guilty" ? If I did plea "not guilty" but lose in my case, will the court give me even more harsh punishments? *
    A discussion to have with your Attorney. However if your not guilty why plead guilty?

    5) Am I able to take a diversion class and get my charges dropped?
    Diversion programs vary and ar enot avilable everywher so talk to your Attorney about this

  7. #7

    Default Re: What Are The Penalties Of First Offense Shoplifting

    I don't know what to do becuase I don't have any money to get an attorney. I don't know where else to get help.

    Should I just wait for my court date or Is there anything I can do before?

    I am guilty of it, but I don't know if they have enough evidence to prove me guilty of it. I'm also worried that if I plead "not guilty" and lose the case, they'll give me even more harsh penalties.

    Any advice?

  8. #8
    panther10758 Guest

    Default Re: What Are The Penalties Of First Offense Shoplifting

    You go to court and request a Public Defender

  9. #9
    Join Date
    Dec 2007
    Posts
    4

    Default Re: What Are The Penalties Of First Offense Shoplifting

    Usually with a plea of not guilty (in these cases), u can work something out thats less harsh than a guilty plea.

  10. #10

    Default Re: What Are The Penalties Of First Offense Shoplifting

    what will happen if I do plea guilty?

    what will happen if I plea "not guilty" even though I am?

    does anyone know anything about oregon laws/requirements on getting records expunged, sealed, or dismissed?

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