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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Default Avoiding a Criminal Record for Shoplifting

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

    My best friend was caught shoplifting at Costco for taking a pair of jeans. She is a good girl that made bad judgment and was very apologetic and cooperative when the LP pulled her aside. The police officer and LP was very nice and appreciated her cooperation and gave her a Theft 3 citation with a court date in May.

    When she spoke to me after the incident, she cried and was very apologetic that she had made a huge mistake and a very bad decision. As a friend, I have saved up a small amount of money and I want to see her through this with as little trouble as possible and I'm willing to spend 2-3k on a lawyer if it means she will get it off her record. She is about to graduate from college and I want her to be able to find a job without troubles.

    Details:

    -Occurred in Oregon
    -1st time offender
    -Citation for Theft 3 with court date
    -Filled out and signed a form with Costco
    -Banned from ever entering Costco again
    -She is a respectful girl and is very sorry for what she has done. About to graduate from college, a good student, and often volunteer for non-profit projects. Just simply someone who made a bad judgment.

    My questions for the experts are below and any of your help is much appreciated. Although I am calling a lawyer today, I want to know as much as I can before speaking to the attorney

    -What can she do to minimize this as much as possible?

    -Is there a chance to get rid of the misdemeanor charges and make it into a lesser (non-criminal) infraction? Has this happened before if she pays the fine + any court fees + do volunteer with + take classes?

    -What's the worse case scenario?

    -In the worse case scenario, when can she ask for the record to be expunged?

    -What's the best case scenario?

    -In the best case scenario, when can she ask for the record to be expunged?

    -What is the reasonable amount expected to be paid to a good lawyer for this case and do you guys have any recommendations for OR lawyers in this case?

    If I have missed any details, I do apologize and please let me know. I really wish for this to be resolved as she is a very good girl and I don't want this to effect her job hunting. I know that's almost impossible but in any case, I'm willing to pay for her lawyer fees so that at the least the consequences can be minimized.

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

    Default Re: Avoiding a Criminal Record for Shoplifting

    She can talk to a lawyer about whether there are diversion programs or deferrals available in the county where this occurred, and whether she would qualify. She can discuss possible plea bargains as well. She can determine what local lawyers will charge her by interviewing them and asking.

    Read this. "In simple terms, most of the time to qualify for expungement a conviction must be a misdemeanor or violation, or a class "C" felony, other than the enumerated excluded offenses (e.g., sex offenses, child abuse, traffic offenses)."

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