QUESTION

What happens after being cited for theft two while on a bench warrant?

Asked on Jun 15th, 2012 on Criminal Law - Oregon
More details to this question:
Oregon. Washington County. Grocery chain says I was stealing cart of groceries. Yes I walked out main door looking for coupons, was going to go back in other door. I had $, I wasn\\'t stealing but it looks bad cause I\\'m on bench probation for stealing. I am a stayhome mother of 4. Am I looking at jail time. It\\'s been 30 days and have received nothing from grocery store so I\\'m not sure what they decided after I left n they reviewed the tape. At first appearance I assume I plead, then go back for hearing but not sure. So, not sure if attorney is necessary to just plead but maybe for hearing... I\\'m scared. I\\'m 37 and these two theft twos are my only legal issues and will be my last. I realize not really innocent til proven guilty and from now on will act on that premise. The premise that people assume we are all criminals and will make sure I do nothing that can be misconstrued. Thanks in advance for any information / advice / knowledge that you can offer. BTW-with four kids who always need something an attorney would set us back significantly but so would my absence due to jail. Please help. Thanks again.
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1 ANSWER

Personal Injury Attorney serving Portland, OR at Ross Law
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I strongly suggest for you to consult with an attorney before entering a plea of guilty! Also, be aware that you should not post specific facts about your case on the Internet, as the Prosecutor and Police can use them against you. Theft II is a serious crime. If you are convicted of a new theft two charge you are facing a maximum of a year in Jail and a fine of $6,250.00. Plus you are on bench probation, so the judge can order additional jail or consequences if you are found in violation of probation. Although you might not receive the maximum Jail on this charge, Washington County is known for not being sympathetic to repeat offenders. However, it appears you may have a viable defense. In order to prove that you are guilty they have to prove that you took the groceries valued at over $100.00, with the specific intent to permanently deprive the grocery store of the groceries. An Attorney will help you develop the defense and may be able to have the case dismissed based on a lack of intent. Remember you are absolutely innocent until proven guilty and you should have an Attorney to ensure that right is honored. Attorneys do not cost as much as you may think. Work release programs can cost you additional money on top of the fines and fees you will be ordered to pay. Not to mention you will have to arrange for someone to care from your children while you are incarcerated. Additionally, Attorneys are often able to save their clients money in fines, fees, and penalties.
Answered on Jun 29th, 2012 at 4:33 PM

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