Shoplifting in Oregon, First Offense

[Henry888]

I was stopped yesterday after shoplifting about $8 worth of food from a grocery store. I was given a civil fine of $250 + the cost of the merchandise. The police were then called to run my name because I did not have ID on me, which means they arrest me, take my prints, mugshot etc. In the end I am charged with "Theft III" A "Class C Misdemeanor." I am in Portland, Oregon. Multnomah county. This is my first offense of any kind. My court date is scheduled for 2-5-07, about a month from now.

I was hoping someone might be able to tell me what I could expect as a sentence. I realize all cases are different, but a general guess would make me feel better. i.e. amount of fine/hours of community service/months on probation. The Minimum and Maximum penalty is what I would like to see. I can't seem to find any clear answer to that question by searching the internet.

Here's some more questions:

(1)Is there any way to get this expunged from my record once everything is settled? Or, does anybody know who I should contact about such things, and what the appropriate question would be?

(2)I am trying to understand the meaning of Bench Probation. Any idea if Bench Probation is common in cases like mine? I am worried that I will have to deal with this and have to stay in Oregon until it's done with. I would like to avoid this if at all possible. I was hoping to leave Oregon in the next 6 months and travel around the USA.

(3) What are the different pleas I can make? As far as I understand there is "Guilty," "Not Guilty," "no contest," and saying absolutely nothing. What's the difference between "Guilty" and "No Contest?"

I do not have money for an attorney, that's why I am here. After the $258 fine and what I am estimating will be about a $300 fine from the citation, I will only be able to spare a few hundred of dollars at most for an attorney and that would have to be money that I would save over the next month, which would not give me much time to actually work with an attorney. I'm also not sure that an Attorney could even change the initial outcome of this case; they might be able to give me information regarding expungement etc. but that's what I have all of you here for!

I know I'm forgetting at least one question, but this what I have for now. I'll post any others if they decide to show themselves.

Any help is greatly appreciated! Thanks everybody!

[Henry888]

(4) This involves Questions (1) and (3). Would it hurt anything to plead "Not Guilty" and then apply for a Public Defender?(Is that the free legal help that it's my right to have?) Would I be able to to sit down with that Public Defender and ask them about deferment, expungement etc.?

[PaulE]

Guilty and no contest are both the wrong thing to do. Your first court date will be the arraignment, that's when you need to enter a not guilty. Ask for a public defender and they will tell you where you stand. Getting your record cleared will have to wait till all the terms of the court are completed, probation, fines, community service.....what ever they tell you to do. Your PD can fill you in, but you should come out OK.

[Henry888]

Guilty and no contest are both the wrong thing to do. Your first court date will be the arraignment, that's when you need to enter a not guilty. Ask for a public defender and they will tell you where you stand. Getting your record cleared will have to wait till all the terms of the court are completed, probation, fines, community service.....what ever they tell you to do. Your PD can fill you in, but you should come out OK.

Why would pleading "Guilty" be the wrong thing to do? Do you just mean that pleading "Not Guilty" wouldn't hurt me, but could very well help me since I would be able to ask for a Public Defender?

Edited to say: I read another thread about public defenders and it said I might have to pay for some attorney(PD) fees if am not acquitted of the charges. Is this true? How much money would it involve?

[Henry888]

I apologize for giving everybody so much to read, but I keep finding more and more information, that simply leads to even more questions.

I was looking at Diversion information, and found this: http://www.ci.oregon.oh.us/pdf/Court2000.pdf
Obviously I can simply call them, but it's 12:30am right now and I'm wondering if anybody has any wisdom they'd like to share.

I was wondering if I should worry about diversion before my initial trial(arraignment)?

[Mr. Knowitall]

You would want to try to get into a diversion program at your earliest possible opportunity.

[PaulE]

Henry, by entering a not guilty plea, it gives your PD time to work out the details on sentencing and getting you the best deal. If you plead guilty right off the bat, the doors close and that's the end of it.

[panther10758]

Why would pleading "Guilty" be the wrong thing to do? Do you just mean that pleading "Not Guilty" wouldn't hurt me, but could very well help me since I would be able to ask for a Public Defender?

Edited to say: I read another thread about public defenders and it said I might have to pay for some attorney(PD) fees if am not acquitted of the charges. Is this true? How much money would it involve?

Yes that is true example. Your found guilty judge ask PD how much time did you spend on case? PD replies 30 mins. Judge then orders you to pay $50.00 using $100.00 per hour as gauge

[Henry888]

I apologize for giving everybody so much to read, but I keep finding more and more information, that simply leads to even more questions.

I was looking at Diversion information, and found this: http://www.ci.oregon.oh.us/pdf/Court2000.pdf
Obviously I can simply call them, but it's 12:30am right now and I'm wondering if anybody has any wisdom they'd like to share.

I was wondering if I should worry about diversion before my initial trial(arraignment)?

Turns out that Diversion program was for the city of Oregon, in Ohio

I have another question:

I am not sure if the area I am in offers a diversion program and I am not sure how to find out about one, but according to Mr. Knowitall I should try to get into one as soon as possible. I assume it would be too late to wait to talk with a Public Defender after my arraignment, which would mean I plead "Not Guilty." The Diversion Program for Oregon, Ohio, said it was necessary to plead "No Contest" and then the judge would ask if you want to be officially screened to enter the program during the arraignment. Maybe I should call the District Attorney's office to see if such a program exists? Would that be the best place to ask?

Also, I'm confused about pleading "Not Guilty" to receive help from a Public Defender. I simply want to talk to a PD to get information and maybe get a better deal than I would if I pleaded "Guilty." Am I right in thinking it is necessary to plead "Not Guilty" to receive help from a PD, because they are a Public Defender and if I plead "Guilty" there is no reason to be defended?

[panther10758]

If diversion is an option (discuss this with your Attorney) it can done at arrainment!