Ask Me Help Desk - Theft 1 in Oregon

Theft 1 in Oregon

OK so the other night I was chaged with theft 1, for going to a house at 3am and jacking up a car that seemed to not even be cared for, and trying to take the rims, I get the 2 front rims off then put them in the my friends car, then I go back for the 2 back rims, then the cops show up, the rims are probably worth 200-300ish, they are pretty old school rims.

But the thing is, is it really theft 1?

Shouldn't it be considered an attempt of stealing? Because the guy has all his rims back and I got caught on the spot so I didn't leave with the rims...

I found this site and it helped me understand a lot..

But I did see this,

"This is only a general summary of the various types of theft charges. Always consult an Oregon criminal defense lawyer about specifics or your situation. If you are charged with an "attempted" theft charge, the crime classification is lowered one level. For example, attempted theft in the first degree (Attempted Theft I) is a Class A misdemeanor instead of a Class C felony."

So is there a chance this could be droppped to a misdimeaner? Should I hire a lawyer?

I know it was a dumb thing to do guys, but I neeed help, it would be greatly appreciated!

-devin

I'm 3 months into being 18 years old by the way

You did remove 2 rims and were then caught.If you were in the act of stealing then it would be consider attempted theft.Yes hire the best lawyer that you can afford to see if he get this reduced to a misdemeanor.

Would you consider it attempted theft? Since we didn't leave the area with the rims, we were like 10 ft from the house..

I just got out of school so I don't have a job, would a free attorney be my best option?

If you can't afford a lawyer then yes find out about getting a legal aid.

Is a legal aid just as helpful? Do you think I have a good shot at this of getting it dropped 1 class to a misdemeanor?

By the way I appreciate your time and help

Quote:

Originally Posted by devinhan

so is there a chance this could be droppped to a misdimeaner? should i hire a lawyer?

Hello devin:

Yes, and yes.

excon

Exon, would a legal aid or attorney hired by the government, be just as helpful as a lawyer in my situation?

Hello d:

They're ALL lawyers.

excon

Also if it does not get dropped am I looking at jail time? This is my first

Hello again, d:

Probably not. But, I don't know why you think you can get it dropped. They're going to charge you with whatever they're going to charge you with.

IF you get a good lawyer, he's going to try to make the best bargain he can for you... But it may NOT include being dropped to a misdemeanor.

Hell, if you didn't snitch on yourself, it might even result in your being found NOT GUILTY.

excon

So I can't get it dropped to a misdemeanor?

Hello again, d:

Maybe. I don't know. They just don't automatically reduce charges. If they think they CAN'T get a conviction, or the courts are too clogged up, they might consider a reduction... But, ordinarily, they're going to charge you with what the prosecutor thinks he can convict you of.

I have no idea, of course, about ANY of that stuff when it concerns YOUR case.

Instead of worrying about WHAT the lawyer will get for you, I'd concentrate on getting the best lawyer you can, and let the chips fall where they may.

excon

So when I go to court what do I do? Do I plead not guilty?

Because I went back to go look at the rims and they are clearly not worth over $200 the tires are bad, plus the guy is selling the whole car for $500...

Quote:

Originally Posted by devinhan

so when i go to court what do i do? do i plead not guilty?

Hello again, d:

What you do is listen to your lawyer. All that other stuff doesn't matter.

excon

All right, am I able to get a free attorney before the court date? I thought I was issued the free attorney after I pleaded not guilty.. I'm not really sure where to look for a free attorney, any advice ?

Normally they give you one when you go in to court that day .If not ask about a legal aid when you go to court.

Your welcome.

Hello again, d:

Raindude has it right. You won't have to make ANY legal decisions before they appoint a lawyer for you. If they try, tell them that you can't continue without legal representation.

excon

A lot depends, for example here in GA if you make bail, you can not get the court appointed attorney.

But the main issue is that you were caught and I will assume with rim in hand or at least trying to get the other two off.

As to what it can be lowered to, will depend on how good the evidence is, and how much the DA just does not want to go to trial. I would say the sentence is mostly what you will deal with.