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  1. #1
    Join Date
    Jul 2009
    Posts
    12

    Unhappy Am I Going to Jail

    My question involves criminal law for the state of: Oregon.

    It was 50.99$. Seriously. From Sears... a completely stupid thing to do. I'm 19, First offence, I was as cooperative as I could possibly be and they didn't book me. I got a citation and release. I've got my date coming up on August 4. I got the civil demand letter today and also secured a well paying job so I'm good to go on the fines and stuff. I'm freaking out about jail. I'll take community service, probation, fines, whatever... just, the jail. I don't have the money to get a lawyer and I'm not sure if I'm going to be able to get a court appointed one or what. This is Washington County, I intend to plead guilty since I basically confessed on the spot. No point in fighting it... is jail likely for me? O.O

  2. #2

    Default Re: Am I Going to Jail

    DON'T PLEAD GUILTY.....thats gonna give you a criminal record that could affect your future careers... get a lawyer its worth it to pay now... cause it could end up saving you money in the long run... call a couple lawyers and ask what the retainer would be.... if you find out you can't afford it then go to your arraignment and don't plead anything ask to be appointed a public defender

    with a lawyers assistance you may be able to negotiate a diversion program, youthful offender status, or anything else that will avoid jail time and a criminal record

    whatever you do DON'T PLEAD GUILTY

    best of luck to you

  3. #3
    Join Date
    Jul 2009
    Posts
    12

    Default Re: Am I Going to Jail

    Well okay "do not plead guilty, ask for a public defender." Got it.

    Now my research was indicating that Oregon won't require/let me have a public defender because this is a misdemeanor offense. Instead I am to talk to the court clerk. Is this correct? If so do I talk to the court clerk BEFORE my date or when I go in on that day? o.o

    (I am very sorry for all the questions... I just wanna make sure I don't screw up and end up, well... in there. x.x!!)

  4. #4
    Join Date
    Jul 2009
    Location
    Midwest
    Posts
    87

    Default Re: Am I Going to Jail

    Don't apologize for asking questions...it's sorta the purpose of this entire forum. No questions means nothing for us to rant and rave about...

    As for jail, I highly doubt they're going to put a 19yr old kid with zero criminal record, committing his first misd. offense in the pen. Prisons are not designed for that.

    As for pleading guilty or not, I would consider retaining an atty. This could affect your future. If they have you on camera shoplifting, the case if pretty much open and shut and it may seem assanine to plead 'Not Guilty' when you clearly were...but that's for a jury to decide if and when you decide for trial. But coughing up the cash for atty is a very wise decision, probably the best money you'll spend in your life (as of yet).

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Am I Going to Jail

    Quote Quoting Iren
    View Post
    Well okay "do not plead guilty, ask for a public defender." Got it.

    Now my research was indicating that Oregon won't require/let me have a public defender because this is a misdemeanor offense. Instead I am to talk to the court clerk. Is this correct? If so do I talk to the court clerk BEFORE my date or when I go in on that day? o.o

    (I am very sorry for all the questions... I just wanna make sure I don't screw up and end up, well... in there. x.x!!)

    IF the offense is jailable, by statute, the state MUST provide you an attorney, if indigent. IF they do not, the federal constitution states they can NOT sentence you to jail.

    In other words, they make you represent yourself, even if indigent, you are found guilty, they can not sentence you to any jail time.

  6. #6
    Join Date
    Jul 2009
    Posts
    12

    Default Re: Am I Going to Jail

    K... so I would like to amend my first post and add that I no longer have my job. And at the moment about $11.52 in my bank account, which I don't think will even by an attorney lunch.

    Second, I was looking around about Oregon and public defenders and the constitution and everything, and I found a lot about how the system is overburdened and crashing, and how they are releasing "criminals" because they don't have the proper representation, but not anything in the constitution... at least not the U.S. Constitution. Which amendment is that if you know off the top of your head? I'm gonna go look at Oregon's...

    PS, I'm female.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Am I Going to Jail

    This case clearly states if you are indigent, can not afford an attorney, you can NOT be deprived of your liberty (jail time) if the state does not appoint one, per my above post.


    http://www.law.cornell.edu/supct/htm...7_0025_ZS.html

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