What is the name of your state (only U.S. law)?
State: Oregon
City: Eugene
I had done something very stupid a couple weeks ago when I was very depress after a exam in school. I took a hand cream, two kleenex tissue papers, and a medical bandage from a store without paying. The store security guard asked me to come with them after I stepped outside the store. I didn't know why I shoplifting; I have never done it before and I don't have any criminal record before either. But I am very very sorry about my action.
The store security wrote down the whole thing, concluded the whole values of the goods were 34 dollars, and contacted the police. A police officer showed up and give me a citation.
On the citation, the code is 4.822 (which I don't know what it means), and the charge is theft III.
I am scheduled to appear in court tomorrow afternoon, and I considered I am guilty of shoplifting in the store. However, when I check the court's website just now, there is a link to Eugene City Code. So I click it and see maybe there would be a code 4.822. There are not only a code 4.822 for theft charge, there are also a code 4.825 for shoplift charge.
Now, I am confused and I don't know what I should do tomorrow in the court. I was going to plea guilty in the court. But after reading the Eugene's City Code, I think my situation should fall under shoplift II instead if theft III.
I don't have money to hire a lawyer nor do I know where to find a good lawyer. Please help me and give me some advices.
Here are the Quotes and link from the Eugene's City Code:
4.822 Theft.
(1) Theft in the Third Degree. A person commits the crime of theft in the
third degree if the total value of the property in a single or an aggregate
transaction is under $50, and the person, with the intent to deprive
another of property or to appropriate property to the person or a third
person, the person:
(a) Takes, appropriates, obtains or withholds such property from an
owner thereof; or
(b) Comes into control of property of another that the person knows
or has good reason to know to have been lost, mislaid or
delivered under a mistake as to the nature or amount of the
property or the identify of the recipient, and with the intent to
deprive the owner thereof fails to take reasonable measures to
restore the property to the owner; or
(c) Obtains property of another, and with the intent to defraud:
1. Creates or confirms another's false impression of law, value,
intention or other state of mind which the actor does not
believe to be true; or
2. Fails to correct a false impression which the person
previously created or confirmed; or
3. Prevents another from acquiring information pertinent to the
disposition of the property involved; or
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Eugene Code
4. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim or other legal impediment to
the enjoyment of the property, whether such impediment is
or is not valid, or is or is not a matter of official record; or
5. Promises performance which the person does not intend to
perform or knows will not be performed.
(d) Receives, retains, conceals or disposes of property of another
knowing or having good reason to know that the property was the
subject of theft. For purposes of this subsection, "receiving"
means acquiring, possession, control or title, or lending on the
security of the property.
(2) Theft in the Second Degree. A person commits the crime of theft in the
second degree if the person commits a theft described in subsection (1)
of this section and the total value of the property in a single or
aggregate transaction is $50 or more, but is under $200 if a theft
described in (1 )(d), and under $750 if a theft described in (1 )(a), (1 )(b)
or (1 )(c).
(Section 4.822 added by Ordinance No. 20348, enacted July 25, 2005, effective August 25,
2005.)
4.825 Shoplifting.
(1) Shoplifting in the second degree. A person commits the crime of
shoplifting in the second degree if the person takes possession of
goods having a total value under $50 which are offered for sale by a
retail or wholesale store or other mercantile establishment with the
intent to convert the goods to that person's own use without paying the
purchase price thereof.
(2) Shoplifting in the first degree. A person commits the crime of shoplifting
in the first degree if the person takes possession of goods having a total
value of $50 or more but less than $750, which are offered for sale by a
retail or wholesale store or other mercantile establishment with the
intent to convert the goods to that person's own use without paying the
purchase price thereof.
(3) Notwithstanding DRS 133.550 and DRS 133.560(2), a peace officer,
merchant or merchant's employee who has reasonable cause to
believe that a person has committed the crime of shoplifting may detain
and interrogate the person in a reasonable manner and for a
reasonable time.
(4) Where a peace officer, merchant or merchant's employee, with
reasonable cause to believe that a person has committed the crime of
shoplifting detains and interrogates that person, and the person
thereafter brings a civil or criminal action for slander, false arrest, false
imprisonment, assault, battery or wrongful detention based upon the
detention and interrogation against the peace officer, merchant, or
merchant's employee, such reasonable cause shall be a defense to the
4-84 9/13/2008
Eugene Code
action if the detention and interrogation were done in a reasonable
manner and for a reasonable time.
(Section 4.825 amended by Ordinance No. 18943, enacted March 10, 1982; Ordinance No.
19500, enacted September 28, 1987; Ordinance No. 19686, enacted May 14, 1990;
administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6,
1998; and amended by Ordinance No. 20161, enacted July 26, 1999, effective August 26,
1999.)
Links:
LaserFiche WebLink
Thank you for every helps.
TerraWhat is the name of your state (only U.S. law)?
State: Oregon
City: Eugene
I had done something very stupid a couple weeks ago when I was very depress after a exam in school. I took a hand cream, two kleenex tissue papers, and a medical bandage from a store without paying. The store security guard asked me to come with them after I stepped outside the store. I didn't know why I shoplifting; I have never done it before and I don't have any criminal record before either. But I am very very sorry about my action.
The store security wrote down the whole thing, concluded the whole values of the goods were 34 dollars, and contacted the police. A police officer showed up and give me a citation.
On the citation, the code is 4.822 (which I don't know what it means), and the charge is theft III.
I am scheduled to appear in court tomorrow afternoon, and I considered I am guilty of shoplifting in the store. However, when I check the court's website just now, there is a link to Eugene City Code. So I click it and see maybe there would be a code 4.822. There are not only a code 4.822 for theft charge, there are also a code 4.825 for shoplift charge.
Now, I am confused and I don't know what I should do tomorrow in the court. I was going to plea guilty in the court. But after reading the Eugene's City Code, I think my situation should fall under shoplift II instead if theft III.
I don't have money to hire a lawyer nor do I know where to find a good lawyer. Please help me and give me some advices.
Here are the Quotes and link from the Eugene's City Code:
4.822 Theft.
(1) Theft in the Third Degree. A person commits the crime of theft in the
third degree if the total value of the property in a single or an aggregate
transaction is under $50, and the person, with the intent to deprive
another of property or to appropriate property to the person or a third
person, the person:
(a) Takes, appropriates, obtains or withholds such property from an
owner thereof; or
(b) Comes into control of property of another that the person knows
or has good reason to know to have been lost, mislaid or
delivered under a mistake as to the nature or amount of the
property or the identify of the recipient, and with the intent to
deprive the owner thereof fails to take reasonable measures to
restore the property to the owner; or
(c) Obtains property of another, and with the intent to defraud:
1. Creates or confirms another's false impression of law, value,
intention or other state of mind which the actor does not
believe to be true; or
2. Fails to correct a false impression which the person
previously created or confirmed; or
3. Prevents another from acquiring information pertinent to the
disposition of the property involved; or
4-83 9/13/2008
Eugene Code
4. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim or other legal impediment to
the enjoyment of the property, whether such impediment is
or is not valid, or is or is not a matter of official record; or
5. Promises performance which the person does not intend to
perform or knows will not be performed.
(d) Receives, retains, conceals or disposes of property of another
knowing or having good reason to know that the property was the
subject of theft. For purposes of this subsection, "receiving"
means acquiring, possession, control or title, or lending on the
security of the property.
(2) Theft in the Second Degree. A person commits the crime of theft in the
second degree if the person commits a theft described in subsection (1)
of this section and the total value of the property in a single or
aggregate transaction is $50 or more, but is under $200 if a theft
described in (1 )(d), and under $750 if a theft described in (1 )(a), (1 )(b)
or (1 )(c).
(Section 4.822 added by Ordinance No. 20348, enacted July 25, 2005, effective August 25,
2005.)
4.825 Shoplifting.
(1) Shoplifting in the second degree. A person commits the crime of
shoplifting in the second degree if the person takes possession of
goods having a total value under $50 which are offered for sale by a
retail or wholesale store or other mercantile establishment with the
intent to convert the goods to that person's own use without paying the
purchase price thereof.
(2) Shoplifting in the first degree. A person commits the crime of shoplifting
in the first degree if the person takes possession of goods having a total
value of $50 or more but less than $750, which are offered for sale by a
retail or wholesale store or other mercantile establishment with the
intent to convert the goods to that person's own use without paying the
purchase price thereof.
(3) Notwithstanding DRS 133.550 and DRS 133.560(2), a peace officer,
merchant or merchant's employee who has reasonable cause to
believe that a person has committed the crime of shoplifting may detain
and interrogate the person in a reasonable manner and for a
reasonable time.
(4) Where a peace officer, merchant or merchant's employee, with
reasonable cause to believe that a person has committed the crime of
shoplifting detains and interrogates that person, and the person
thereafter brings a civil or criminal action for slander, false arrest, false
imprisonment, assault, battery or wrongful detention based upon the
detention and interrogation against the peace officer, merchant, or
merchant's employee, such reasonable cause shall be a defense to the
4-84 9/13/2008
Eugene Code
action if the detention and interrogation were done in a reasonable
manner and for a reasonable time.
(Section 4.825 amended by Ordinance No. 18943, enacted March 10, 1982; Ordinance No.
19500, enacted September 28, 1987; Ordinance No. 19686, enacted May 14, 1990;
administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6,
1998; and amended by Ordinance No. 20161, enacted July 26, 1999, effective August 26,
1999.)
Links:
LaserFiche WebLink
Thank you for every helps.
TerraWhat is the name of your state (only U.S. law)?
