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Will my boyfriend get jail time? If so is there a way around that?

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Foxforce5

New member
So my boyfriend was at a mcdonalds resturaunt getting food. While he was paying for his order in cash he noticed a debit card someone had forgotten in the card machine. He took the card and went and used it making about 25-30$ in charges. Mcdonalds got him on camera and the police found him and gave him a citation with fine of 16,000$ He is almost done with probation from a theft 2 last year . We live in portland OR. Im worried that he is going to jail what is the most likeley outcome and is there a way to avoid jail time. We dont want him to lose his job.
 


Shadowbunny

Queen of the Not-Rights
So my boyfriend was at a mcdonalds resturaunt getting food. While he was paying for his order in cash he noticed a debit card someone had forgotten in the card machine. He took the card and went and used it making about 25-30$ in charges. Mcdonalds got him on camera and the police found him and gave him a citation with fine of 16,000$ He is almost done with probation from a theft 2 last year . We live in portland OR. Im worried that he is going to jail what is the most likeley outcome and is there a way to avoid jail time. We dont want him to lose his job.
Although none of us can predict the future, the fact that your thief is on probation means that it is very likely that he's going back to jail. And may even lose the privilege of probation. The time for him to worry about losing his job and not going to jail was BEFORE he stole.
 

quincy

Senior Member
So my boyfriend was at a mcdonalds resturaunt getting food. While he was paying for his order in cash he noticed a debit card someone had forgotten in the card machine. He took the card and went and used it making about 25-30$ in charges. Mcdonalds got him on camera and the police found him and gave him a citation with fine of 16,000$ He is almost done with probation from a theft 2 last year . We live in portland OR. Im worried that he is going to jail what is the most likeley outcome and is there a way to avoid jail time. We dont want him to lose his job.
Do you know the citation number(s)?

Are you sure about the $16,000 fine?

The best chance I can see for your boyfriend avoiding jail time is to have a skilled attorney.
 

Foxforce5

New member
Do you know the citation number(s)?

Are you sure about the $16,000 fine?

The best chance I can see for your boyfriend avoiding jail time is to have a skilled attorney.
The citation number(s) 165.800, 165.055, 164.043
And yes proposed fine is 16,000 dollars. Thats what the officer wrote anyway. I thought that was completly unreasonable considering he made not even 40 dollars in charges to the card.
Although none of us can predict the future, the fact that your thief is on probation means that it is very likely that he's going back to jail. And may even lose the privilege of probation. The time for him to worry about losing his job and not going to jail was BEFORE he stole.
Do you know the citation number(s)?

Are you sure about the $16,000 fine?

The best chance I can see for your boyfriend avoiding jail time is to have a skilled attorney.
 

quincy

Senior Member
The citation number(s) 165.800, 165.055, 164.043
And yes proposed fine is 16,000 dollars. Thats what the officer wrote anyway. I thought that was completly unreasonable considering he made not even 40 dollars in charges to the card.
Thank you for providing the citations.

Your boyfriend has been charged with a Class C misdemeanor (theft in the 3rd degree under $100), a Class A misdemeanor (fraudulent use of a credit card), and - the biggie - a Class C felony (identity theft).

In addition, he violated his probation on his previous second degree theft.

I am afraid your boyfriend is looking at a revocation of his probation (which means his original sentence can be imposed, with no credit given for the probationary period) and jail time.

His attorney may be able to work some miracles and get the felony charge reduced or dismissed but he really made a mess of his life for a meal at McDonald's.

He needs an attorney and should ONLY speak to his attorney. He should not talk to the police and he should not talk to you about his crime, either. You can be called as a witness and what he says to you can be used against him.
 

Eekamouse

Senior Member
So my boyfriend was at a mcdonalds resturaunt getting food. While he was paying for his order in cash he noticed a debit card someone had forgotten in the card machine. He took the card and went and used it making about 25-30$ in charges. Mcdonalds got him on camera and the police found him and gave him a citation with fine of 16,000$ He is almost done with probation from a theft 2 last year . We live in portland OR. Im worried that he is going to jail what is the most likeley outcome and is there a way to avoid jail time. We dont want him to lose his job.
Your boyfriend is a thief and deserves jail time. What are YOU going to do? Stand by your man? You'd be smart to drop him like a bad habit.
 

Zigner

Senior Member, Non-Attorney
The citation number(s) 165.800, 165.055, 164.043
And yes proposed fine is 16,000 dollars. Thats what the officer wrote anyway. I thought that was completly unreasonable considering he made not even 40 dollars in charges to the card.
Oh, I see...for you, it's not that fact that he committed several crimes, it's that he only got $40 out of it. So, if someone robs a liquor store, but only gets out of there with $20 and a pack of smokes, he should get off easy? How about the guy that smacks his girlfriend around, but only leaves a small bruise...not so bad, right?

I think it's wise to get the low-lifes off the street for as long as possible.
 

not2cleverRed

Obvious Observer
Oh, I see...for you, it's not that fact that he committed several crimes, it's that he only got $40 out of it. So, if someone robs a liquor store, but only gets out of there with $20 and a pack of smokes, he should get off easy? How about the guy that smacks his girlfriend around, but only leaves a small bruise...not so bad, right?

I think it's wise to get the low-lifes off the street for as long as possible.
In the initial post it was $25-$30.

In the follow up post it was $40.

Perhaps Foxy does not know the whole story.

In any case, this is not Foxy's legal problem, and given Foxy's boyfriend's legal history my legal advice is:
1) Foxy should not put up anything for bail unless Foxy is okay not with losing the money (or property) used to bail him out.
2) Foxy should not pay for the boyfriend's lawyer unless Foxy can spare the money for that.
3) Foxy should stop sharing details about the boyfriend's crime. Even here. Note that I did not use the word "alleged".
 

HRZ

Senior Member
Actually some of us seniors enjoy the free beverage at Wendy's ...and the small cup of frosty ice cream is pretty tasty. And McDonalds a few steps away from very pricey places on Rittenhouse Sq ( Phila , Pa) sure is cost effective and "fun" if I have a few grandchildren in tow.
 

quincy

Senior Member
I have McDonald's meals with some frequency because of my late night/early morning work hours. McDonald's is the only place open near work when I need fuel to keep me awake.

I think it is decent fast food for the price. And my kids like the Happy Meals.
 
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