My question involves criminal law for the state of: Oregon
The state of Oregon only has theft charge and no shoplift charge.
But the city Eugene in Oregon has both theft charge and shoplift charge.
I got caught of shoplifting in a store two weeks ago for 34 dollars merchandise. The police give me a citation with code 4.822 and charge me theft III. I just check the Eugene city code, shoplift under $50 is Shoplift II (code 4.825). and theft under $50 in Theft III (code 4.822). I can't find which penalty is less grave. And this is my first offense.
my questions are:
(1) Can I be charge as theft III when I think I should be charge as shoplift II by Eugene City Code? (When the Oregon code only has theft no shoplift)
(2) Should I plea guilty of theft III under such circumstance on my first appear in court?
(3) How do I ask judge's permission for diversion program or the permission for treat class C misdemeanors as class A violation?
(4) How do I show the judge that I am remorse of shoplifting instead of remorse about being caught?

