Shoplifting, Larceny, Robbery, Theft Accomplice in theft II misdemeanor

[Cometzz]

Hi, I was arrested the other night and charged with a theft II misdemeanor (in Oregon state) because my boyfriend stole groceries worth $62. Neither of us have ever been in trouble with the law in any way. I would like to explain what happened and see what I can expect as far as sentencing goes.

I went to the store because my 3 yr old son was sick and so was I and I wanted to get us echinacea juice and bananas. I was in my own little world the entire time and we shopped separately until I came around with the cart. He put his items in the cart, I looked away (not as a lookout but because I didn't want it on my conscience) and then in his backpack. I did not know my boyfriend was going to steal when we were walking up to the store, but I obvioulsy knew he had stolen before we left the store. But, I'm not going to call the cops on my boyfriend so I am also guilty.

I left the store having paid for everything I walked out with. As soon as I step outside some dude is there arresting me. I would like to mention that he never ever read me my rights. He had us in custody (and cuffs) and asked us questions and wrote his police report without ever doing so. We were probably in custody with him for 1-2 hours before another cop showed up. The second cop read us our rights when we mentioned the other guy didnt, asked us both if we understood them and wrote down the time.

The cop who arrested us said he was an off duty undercover cop who was working for and representing the store, and said that is why he didn't have to read us our rights. This guy had personal issues against theives and wanted to make sure we got punished to the max, he was rude and lied to us the entire time.

The second cop was much nicer, didn't have 'issues' and I felt treated like a person instead of the scum of the earth. He let me go home instead of jail because I had a small child, a state ID, and a clean record. My boyfriend went to jail for the night though.

The thing about this is my boyfriend is a hypochondriac diabetic and worries too much about things. He was stealing groceries because he will go into a coma without food, his foodstamps didn't come in that month and he didn't get paid for 3 more days. I only have enough for my son and I and even though I offered to buy him something he didn't want us to have to go hungry because of him.

I'm just wondering what this situation will look like. We are very good people otherwise, and this going on both our records is going to screw us over forever. We both just finished our first semester of college with straight A's, is there any reason a court would still treat us like criminals and not people because my boyfriend freaked out he would die without food? He also has no health insurance so he's been untreated for this since he got it, which makes him worry even more.

It's not like we can just go to a soup kitchen or ask for a food box because they will just give us the same things that gave him his disease in the first place which is usually a bunch of partially hydrogenated/high fructose plastic.

He stole some granola, cheese, trash bags and toothpaste. All organic so prices were high. So because he is poor and hungry and I was with him we both face all kinds of fines, up to a year in jail and misdemeanor theft II on our records ?

We will need a public defender, we have a court date in two weeks. They said I can't apply for a public defender until my first court date, is that true? I know I was lied to about what would happen a few tmes.

I'm just wondering what I realistically face, rather than what the disgruntled undercover cop wanted me to face. Any info is appreciated Thank you

 

[mafioso]

The sad thing is the law does not care about what caused you to commit a crime. It might help in sentencing, but not in justifying why the crime was committed. The law believes laws are laws, and no one is above no matter what. Cops always play good cop bad cop but work together………You even have to be more careful of the "Good cop" because they gain your trust and you tell them things instead of being quiet until you have the benefit of counsel. You would get a public defender only after your first appearance. You BF would definitely have to cut a plea deal to get differed adjudication so the charges would be dismissed after probation. He would then have to seal his record or expunge it per state rules. That would help give him a second chance during job searches. But the thing is, did you admit to the cops you knew he was stealing or was just surprised after the arrest? If you admitted any knowledge or involvement to the cops or in your statement, then you would face the same faith. If your boyfriend took all the fall, then you have a chance of maintaining a clean record. Sorry for your troubles………

 

[Cometzz]

well youre right, they really didn't care about the situation. My public pretender just looked at my file, asked me I don't know how many times if I was going to get a new boyfriend =/ and basically read my file like it was fact. They're charging me with something I didn't do, which is theft. I 'knew' which is what I should be charged for. My plea bargain is $400 fine or community service, 18 months bench probation and possibly a theft talk class... but that's ok because 3 years after my probation is over I can get it expunged from my record.

This is absolute crap, they just want to put me in the system like that knowing that the punishment doesn't fit the crime... let's not forget I didn't commit it...just so they can make money and be proud they punished one more and upped the statistics. Seriously I'm being accused of the wrong thing. I told them I didn't mind the probation, the class or the fine but to be punished for several years just because I refused to be a tool for some corporate guy in a suite who I've never met and go "Hi I'm a tool come and sotp my boyfriend for stealing something he needs to survive" that makes me someone who should have to explain this situation and be haunted by it for the next few years??

I don't understand this crap. This makes me just want to leave the country, they can't even treat you like a person =/

 

[WebJunkie]

well youre right, they really didn't care about the situation. My public pretender just looked at my file, asked me I don't know how many times if I was going to get a new boyfriend =/ and basically read my file like it was fact. They're charging me with something I didn't do, which is theft. I 'knew' which is what I should be charged for. My plea bargain is $400 fine or community service, 18 months bench probation and possibly a theft talk class... but that's ok because 3 years after my probation is over I can get it expunged from my record.

This is absolute crap, they just want to put me in the system like that knowing that the punishment doesn't fit the crime... let's not forget I didn't commit it...just so they can make money and be proud they punished one more and upped the statistics. Seriously I'm being accused of the wrong thing. I told them I didn't mind the probation, the class or the fine but to be punished for several years just because I refused to be a tool for some corporate guy in a suite who I've never met and go "Hi I'm a tool come and sotp my boyfriend for stealing something he needs to survive" that makes me someone who should have to explain this situation and be haunted by it for the next few years??

I don't understand this crap. This makes me just want to leave the country, they can't even treat you like a person =/

You looked the other way because you had a pretty strong idea that your boyfriend was going to attempt to steal from the store. He was with you, you were relatively sure of what was going on, and you did nothing to stop him, thus, you are an accomplice. Especially if he walked through the checkout lane with you to appear as though he had also paid for items when he did not.

While I can agree with you on the moral stand point, the law often doesn't give two hoots about morals. There are always legal ways to get what one needs. You say he was short on food. There are no soup kitchens in your city? How about donating blood?

Yes, it bites having to go down to those levels to get what you need, but then again, there may be a little irony in the end. For stealing food he gets 3 hots and a cot. You know he won't go hungry in jail.

 

[Cometzz]

well the thing about the food is he has type 2 diabetes and firmly believes that because his mom fed him processed food all of his life that that's what gave it to him. Anything a soup kitchen or free food boxes will give him are 95% of the stuff that gave it to him to begin with. So if he eats it his blood sugar skyrockets, he just needs to eat real food.

He also had food stamps but for some reason his mail got returned and the benefits automatically cancelled, and he had two more days until he got paid. He felt his legs getting tingly and he freaked out and reacted by stealing food. He wouldn't let me buy somthing for him because hes afraid of spending my resources.

We both opted to plead not guilty for now and resolve it in two weeks. I think they are trying to get his sentence reduced by arguing 'the lesser of two evils'. Does anyone know if his gets reduced if mine will as well? Also, if they are saying we are guilty as a unit, why did we get charged twice for what was stolen? Also, if we didn't leave the store together how do they assume that I know he was going outside without paying for things? Which I didn't know he was going out there without paying for them, but I told the officer 'i could've anticpated it and guessed because he didn't have a lot of money' but i especially knew when i was getting arrested.

eh anyway all I've learned from this is why no one likes the cops or our system. It's like its illegal to be poor. =/ It's ok if it's drugs or alcohol, things that can actually hurt people becuase you can just go ot rehab or some program...but god forbid you touch their money in any way, even if you honestly just hungry. :no: