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  1. #1
    Join Date
    Jan 2009
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    3

    Default Theft III Class C Misdemeanor in Oregon

    My question involves criminal law for the state of: Oregon

    I recently got arrested for shoplifting at a local Rite Aid. On my citation I've been charged with ORS 164.043 Theft III. I looked this up and it is a Class C Misdemeanor. Can someone please help me with what my consequences will be if I plead guilty? The base fine on my citation reads 4R, which I don't understand. I will plead guilty because I do not feel the need to fight this as I am responsible for my actions. I feel absolutely sick right now that I have done this and that it is on my record. Which leads me to my other question, is it possible for this to be removed from my record? This was the first time I've ever been arrested, for anything. The feeling I felt being handcuffed for the first time was absolutely horrible, it felt so cold and low being held by the officer by my arm escorted out of the store with people watching me. This is not who I am and not who I want to be represented as. So again, my questions are:

    1) What are my consequences if I plead guilty?
    2) Can this charge be removed from my record?
    3) What are my fines?
    4) Will I have to do any time? (this particularly is the most important because I will be fckeddd if I have to serve any time. My goal is to get into a good pharmacy school and this will certainly not help.)

    My first time getting caught shoplifting and most definitely my last. Those 3-4 hours I spent in the cell waiting and waiting was the most dreadful time elapsed. Sitting in that chamber, waiting for time to pass by was so nerve racking. To any of you thinking snatching next time, let my stupidity be a lesson. It seriously isn't worth it and I've learned flat out it's just wrong. If you are going to be arrested ever in your life, have it be for something that was worth it like self-defense. Even though in Oregon, there are no self-defense laws, I'd feel better about myself for that than stealing.

  2. #2
    panther10758 Guest

    Default Re: Theft III Class C Misdemeanor in Oregon

    1) What are my consequences if I plead guilty?
    Fines, probation, community service criminal record
    2) Can this charge be removed from my record?
    After several years you might seek expungment. However talk to your Attorney about Diversion
    3) What are my fines?
    Court less than $500.00 Civil Demand depends on value of items stolen
    4) Will I have to do any time? (this particularly is the most important because I will be fckeddd if I have to serve any time. My goal is to get into a good pharmacy school and this will certainly not help.)
    Jail is unlikely but a criminal record can harm your career goals

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Theft III Class C Misdemeanor in Oregon

    panther,

    First I'm going to call up the LPC manager and put forth a sincere explanation and apology; and by sincere, I truely mean that. I cannot even start to explan how horrible and disrespectful I feel. I feel like just a straight low-life. But anyway, I want to call in and request for a civil compromise. What are the steps involved in a civil compromise? I talked to a teacher at my school that teaches Law Enforcement which is part of our Criminal Justice program and she told me that a civil compromise should be my first step in resolving this case. I was given a Oregon Civil Demand Notification which outlines Oregon Revised Statuted 30.875

    Can you tell me what I can expect if a civil compromise is granted?

    If a civil compromise is not granted, how can I put forth for diversion? What must I plead?

    If this charges do not get dropped and I do appear in court, right now my plan is to plead No Contest and read a statement to the judge in grave detail of my actions, what my future goals are, what my current situation is and my absolute sincerest apologies. The only thing I can do is be 100% honest and take responsibility but I would really like to try my hardest to 1) Not get probation 2) Not get any community service; because school is seriously my life right now. I have time for absolutely nothing but studying. If I must get it, I am praying that is a minimum amount and 3) Only have to pay fines via civil compromise; this would seriously make my life.

    Thanks for your help panther.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Theft III Class C Misdemeanor in Oregon

    Quote Quoting F355
    View Post
    panther,

    First I'm going to call up the LPC manager and put forth a sincere explanation and apology; and by sincere, I truely mean that. I cannot even start to explan how horrible and disrespectful I feel. I feel like just a straight low-life. But anyway, I want to call in and request for a civil compromise. What are the steps involved in a civil compromise? I talked to a teacher at my school that teaches Law Enforcement which is part of our Criminal Justice program and she told me that a civil compromise should be my first step in resolving this case. I was given a Oregon Civil Demand Notification which outlines Oregon Revised Statuted 30.875
    the retailer does not have to ask you if a civil demand can be sent to you.

    A civil demand is their right to reimbursement under the law.

    Can you tell me what I can expect if a civil compromise is granted?
    To pay several hundred dollars.

    If a civil compromise is not granted, how can I put forth for diversion? What must I plead?
    A civil demand and criminal charges are not mutually exclusive.

    Civil penalties are designed to make the victim whole.
    Criminal penalties are designed to punish the criminal.

    If this charges do not get dropped and I do appear in court, right now my plan is to plead No Contest and read a statement to the judge in grave detail of my actions, what my future goals are, what my current situation is and my absolute sincerest apologies.
    Stop.

    Get an attorney. Do what the attorney says.

    While apologies are nice, the judge will hear 50 VERY SINCERE apologies the day you show up in court.

    The only thing I can do is be 100% honest and take responsibility but I would really like to try my hardest to 1) Not get probation 2) Not get any community service; because school is seriously my life right now
    Community service, probation and a fine are the typical penalties for a first offense.

    Whether it is convenient or not... you could always ask for jail instead.

    I have time for absolutely nothing but studying. If I must get it, I am praying that is a minimum amount and 3) Only have to pay fines via civil compromise; this would seriously make my life.
    Ever heard the expression "if you can't do the time, don't do the crime?" You are living that particular dream right now.

    You might want to put pharm school on a year long wait before you apply.

    Seriously... telling a judge that his/her sentence is inconvenient will just hack him/her off.

  5. #5
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Theft III Class C Misdemeanor in Oregon

    cyjeff,

    a civil demand is something that i reimburse for the merchandise.
    so what is the difference between that and a civil compromise?

    as far as an attorney goes, there is no way i can get one man. i have absolutely no money to hire one. what can an attorney do in this case that will help me? what is wrong with pleading no contest and reading a statement to the judge? an attorney is really out of the question, i dont have the financial resources for that.

    the LPC manager is not a witness. he is the manager of the LPC for rite aid corporation. the rep who caught me gave me his number if i had further questions.

    trust me, the first thing i thought when i got arrested was that same EXACT quote. i understand that i have to pay for my actions, but simply i'd just like to pay for them, and not have to any other distractions. probation i could handle, community service i couldnt.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Theft III Class C Misdemeanor in Oregon

    Quote Quoting F355
    View Post
    cyjeff,

    a civil demand is something that i reimburse for the merchandise.
    so what is the difference between that and a civil compromise?
    Nothing.

    as far as an attorney goes, there is no way i can get one man. i have absolutely no money to hire one
    Then plead not guilty and ask for a public defender.

    what can an attorney do in this case that will help me? what is wrong with pleading no contest and reading a statement to the judge?
    I have tried to be nice. I really have.

    Hopefully, your attorney will keep you from trying to read into the court record some BS about how very sorry you are and how you should be allowed to escape all punishment.

    Then, your attorney will try to keep your sentence as low as possible.

    the LPC manager is not a witness. he is the manager of the LPC for rite aid corporation. the rep who caught me gave me his number if i had further questions.
    Ask your attorney.

    trust me, the first thing i thought when i got arrested was that same EXACT quote. i understand that i have to pay for my actions, but simply i'd just like to pay for them, and not have to any other distractions. probation i could handle, community service i couldnt.
    Judges really don't care whether or not their sentences are inconvenient to your studies.

    Further, some judges will actually be EXCITED that this punishment will REALLY sink in.

    community service is the normal penalty. You could always ask for jail.

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