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Will judge drop my case?

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scarecrow09

Junior Member
What is the name of your state (only U.S. law)? Oregon

Okay. I'm going to court next friday for two counts of theft by misrepresentation. alright check this out.

I switched a cpl more expensive beers into a case of beer that was a cpl dollars cheaper. One emplyee saw me do it so i just thot he was gonna say you cant do that. But he didnt so i went to the check out. The cashier checked me out and it was all good.

A cpl days later i get a court summon for this crap. they saw me do it on two occaasions they said that each time the difference in beers was 4 dollars. but i HAVE the reciept that proves that the difference was only $2.30. Is this something thats important. If they give false info to the judge and i give him real proof, will this help?
Altogether its like 6 bucks they lost.

The cop told me that its not the cashiers responsibility to check the items shes ringing up but i asked my fiancees mom(who is a former manager for a supermarket) and shes said "hell yeah theyre responsible for checking that all the items are correct"

I'm just pissed that instead of telling me right there "hey you cant do that" they want to be all crazy and take me to court.

Ive never gone to court or nothing. Never even a damn parking ticket.

Any help. i'm sure he wont drop it but how much will i end up paying after i plead guilty?
 


Gail in Georgia

Senior Member
Let us fully understand this.

Your defense for doing something you knew was illegal is that it's the clerks fault that they didn't tell you not to do this.

Is that correct?

Gail
 

scarecrow09

Junior Member
that not really my dfense cuz i'm pleading guilty.

seriously tho, i didnt think id be going to court for mix and matching a few beers.

well ive never been to court so after i plead guilty will he hear each side of the story?

Or what happens?
 

scarecrow09

Junior Member
What does your attorney say about this?
LOL an attorney?

I dont have one. I'm guilty of theft by misrepresentation.

But its kind of along the line of if you throw a cpl of green apples in with your red ones and the cashier knows theyre mixed but they let you check out anyways. Two days later you get a court summon.

I"m not getting an attorney for a 6 dollar theft charge. The cop told me that since my record is so clean he might just drop it.
 

scarecrow09

Junior Member
Okay i got another dillema.

IM sure the judge will ask me what do i plead right out of the gates. If i say guilty will he still want to hear my side of the story to determine the pnishment?

Or will he just give me my sentence right after i plead?

SO lets get this straight. The super market is taking me to court for the losses to their company right? What are the chances that ill be stuck with a $500 plus fine?


thnx guys for all ur input.
 

scarecrow09

Junior Member
Let us fully understand this.

Your defense for doing something you knew was illegal is that it's the clerks fault that they didn't tell you not to do this.

Is that correct?

Gail
I didnt know that mix and matching beers in a sixpack would get me a court date!

people do that **** all the time.

SHould i play my race card?
 

VeronicaLodge

Senior Member
so its the cashier's responsibility not yours to not steal?

its the clerk's responsibility to tell you you can't steal? not your responsibility to know its illegal to steal?

the store isnt taking you to court you charged with a crime by the people

yes you could be required a hefty fine for stealing just a couple of bucks, wasn't worth it was it?
 

Antigone*

Senior Member
I didnt know that mix and matching beers in a sixpack would get me a court date!

people do that **** all the time.

SHould i play my race card?[/QUOTE]

Your excuses are pathetic ~ you should be ashamed.

...Play the race card:confused:... what the heck does race have to do with your inability to be honest:mad:
 

BL

Senior Member
Nice try but no cigar .

Er no getting away with switching beers !!!

Perhaps the people doing it all the time didn't get busted.

It was your luck of the draw , deal with it .
 

scarecrow09

Junior Member
so its the cashier's responsibility not yours to not steal?

its the clerk's responsibility to tell you you can't steal? not your responsibility to know its illegal to steal?

the store isnt taking you to court you charged with a crime by the people

yes you could be required a hefty fine for stealing just a couple of bucks, wasn't worth it was it?
Well the cop told me (while smirking) theyre taking a loss so THEYRE prosecuting.
So that still means "the people"?

Both of my bosses and a cpl supervisors laughed about it and said thats about the stupidest thing they have ever heard.

Id like to bring up the job description of a supermarket cashier. Its the cashiers responsibility to make sure all items are legit.

cop also told me that my charge "Theft 3 by misrepresentation" is the smallest of the small and i might get let off because of my record.

I dont want this on my record so when i go get a house or another job i wont have to explain this bullcrap.

To me this sounds like a power trip on their behalf.
 

scarecrow09

Junior Member
Nice try but no cigar .

Er no getting away with switching beers !!!

Perhaps the people doing it all the time didn't get busted.

It was your luck of the draw , deal with it .
Well the court date is tommrow so well see how it goes. I'm going in with low expectations. I will bring along the reciept that proves the difference within beers isnt as much as they claimed.

This is a very shotty situation on behalf of both parties. Good thing ill get a buttload on my tax returns to pay for this stupid ass fine.
 

scarecrow09

Junior Member
Can you admit what you did was illegal ?

If not , you've got problems .
Well if you read my post earlier smart guy i said that i'm pleading guilty and NOW know that it was illegal.

If i had known that doing that wouldve landed me in court i wouldnt have done it. Look at my record for example. not even any traffic tickets in my 5 years driving.
 

Antigone*

Senior Member
Well if you read my post earlier smart guy i said that i'm pleading guilty and NOW know that it was illegal.

If i had known that doing that wouldve landed me in court i wouldnt have done it. Look at my record for example. not even any traffic tickets in my 5 years driving.[/QUOTE]

Come on BL...what the heck :eek: ~ couldn't you see it in your crystal ball. The OP has been an upstanding pillar of society all of his life. He's only gone criminal recently.

Shheeesh...give the guy a break...how dare you call a spade a spade:eek::D:rolleyes:
 

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