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  1. #1
    Join Date
    May 2010
    Posts
    1

    Question Cited with Theft II

    Theft 2
    My question involves criminal law for the state of: Oregon

    In an attempt to clean up the property around my driveway i have cut down some bamboo that was on my neighbors property. We share a driveway, I have just moved in and am making an attempt to clean up the brush. The blackberry bushes scratch my vehicle and such. as well as there are small trees that will become a problem if left to grow in the location. The bamboo was pretty much entwined with the trees and blackberry bushes. But before i actually took the tools to the area for cleaning i was in the process of making a garden, so i decided to use the bamboo to line the sections of the garden. The bamboo was also brown and almost dead. So this morning a cop came to my door citing me of theft of the bamboo. I did not realize that it belonged to the neighbor, nor did i realize it had sentamental value. The neighbor said it was a gift from a friend that has since passed to cancer. I am very sorry that i caused him this greaf. and have attempted to apologize. It was unitentional. just trying to clean things up. I have never been in this kind of situation and have no idea what to expect. Should i go to trial or try to avoid that. Or is there other options? Please help

    Oh ya and I forgot? I was given Theft 2 and not 3 and don't know why, from all sites I have visited there is no bamboo of that kind that is worth more than 100.00 so should look into the charges to see if it was wrong? Is that even possible?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Cited with Theft II

    You should consult a criminal defense lawyer. You can prepare to document that your theft was of materials valued at less than $100 as part of your defense against the charge.
    Quote Quoting 164.045 Theft in the second degree.
    (1) A person commits the crime of theft in the second 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 aggregate transaction is $100 or more and less than $1,000.
    (2) Theft in the second degree is a Class A misdemeanor.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Cited with Theft II

    Not only should you get a lawyer, the DA must prove you had intent to deprive the neighbor of the property - you say you didn't know, there goes intent. If you did not intent to deprive him / her of the property, then its unintentional. But you'll need a lawyer in Oregon Oregon Law BITEs! my mission in life is to help others see that they need to train the DAs of oregon their job is to do the RIGHT THING, let the circumstances fit the purpose of the crime. But in Oregon they charge everyone for everything as a way to make money, and to tell their state legislators they need to keep their jobs and they need money. The DAs don't care about you, or the real truth or facts or circumstances as DAs in other states do. Instead they will go after you, collect the fees fines and penalties and ruin your life. Get a lawyer. Pleading guilty, which is what the DA wants you to do will only make it easy for them, not you

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