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  1. #1
    Join Date
    Jul 2010
    Posts
    4

    Default Class 3 Theft

    My question involves criminal law for the state of: oregon

    i walked out of a store with an item in my shopping cart along with others i had paid for.
    i was on a very serious medication and have a doctors note stating i was unkowing at the time. i also have some unsolicited by me letters from employees who were aware of my confusion that day.
    what do i do with those letters, and how can i get this paid. i am banned from the store, and they wouldnt let me pay them for the item.
    court in 10 days or so.
    i am totally mortified and still trying to make some fuzzy sense of it all and do i say i am guilty when i cannot remember and would swear i paid but actually did indeed wlak out or do i say i am innocent which is what i still believe even when presented with the evidence. either way could be a lie due to the fact i really dont remember..
    wont happen again...it is listed in my medical chart as a no no antibiotic and i have never been in any kind of trouble before.
    what can i expect and how do i best do this with integrity?
    thanks so very very much.

    should i take the letters to the DA?

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

    Default Re: Class 3 Theft

    You would be well-served to have a lawyer represent you in court and to be prepared to document your claimed medical condition to the prosecutor.

  3. #3
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Class 3 Theft

    Quote Quoting Mr. Knowitall
    View Post
    You would be well-served to have a lawyer represent you in court and to be prepared to document your claimed medical condition to the prosecutor.
    being reduced to a violation.

    can/will a company file civil charges for damages more than the item?

  4. #4

    Default Re: Class 3 Theft

    i was on a very serious medication and have a doctors note stating i was unkowing at the time.
    A bit off topic, but please tell me that you were not also driving in this state!

  5. #5
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Class 3 Theft

    no, i was not. however, i was just taking an antibiotic that unfortunately had combined with the extremely hot day to cause severe dehydration and confusion.

    do you know if a corp can sue for civil damages afterwards for more than the da is wanting to give which is restitution and calling it a violation as there is not evidence of intent

    there was an intimation of that in the first conversation but again i was a little unclear.

    thanks

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Class 3 Theft

    As a general rule, yes the company can still seek damages in civil court. They usually start with a civil demand letter requesting a sum of money, if you ignore it then they can sue you. The amount in the civil demand letter is probably going to be a bit more than the value of the merchandise. Some jurisdictions have caps on the amount that can be sought but I do not know about yours. It will be higher than the merch value as they include the value of the time spent by LP personnel/interview witnesses etc to identify you, track you, apprehend and process you.

  7. #7
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Class 3 Theft

    the da is asking for restitution in the amount of the item. So far, the company will not allow me to pay that amount even though the da spoke directly to them.
    i am taking a certified check in that amount made out to the company to the court date with me so that i can stop a demand for payment. do you think that will work.
    i have been trying to pay them since they alerted me to the fact that i walked out with the merchandise, but the security there has a very had rep and although i repsect that and have certainly never done this before, i am wondering why a company with whom i have a lifelong 60 plus years and am a voting member of the shareholders would go so far and be so angry at the da for ddropping it to a violation.... i know that is rhetorical, but i am so trying to make sense of the whole incident. at least i know it will never happen again as that particular drug is now on the NO medical chart.
    thanks for your discussion in this. it has been very unsettling, and i am just wanting to get the company the money, and feel square with the boards again.

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