yenram2007
New Member
Here is my situation; on November 20th I was driving from Idaho, where I reside, through Ontario Oregon on my way to Baker City Oregon, when I stopped for gas at the Ontario Chevron Station as I have a few times before. I wrote a check in the amount of $53.00 to pay for my gas. I was notified at that time by the manager that my check was declined and that I had two previous checks at their location that had been declined and sent for collections. I was suprised because I believed my account to be in order. I was given the opportunity to pay cash or call a family member/friend to come and pay for the gas. I don't know anyone in the area, and did not have the cash, so I was unable to do that. I offered to return the next day with cash to pay for it but the manager declined and called the police. I waited in the store as it was not my intent to take the gas without paying and I was sure it was a misunderstanding with my bank. When the officer arrived he contacted my bank and was told that my account had been closed 4 weeks prior. I was unaware of this but will admit that I am not the best at keeping track of my finances. I was taken to the police station and given a citation for "Negotiating a Bad Check". I was released without arrest and given a court date of December 4th.
I will be going to that court date from my home in Idaho next week. I received some paperwork in the mail yesterday that indicated the charge was "Theft 2". I've done some research online and found that in Oregon this is a class A misdemeanor. The worst of the misdemeanors?
My history is that I have been in recovery from a pain killer adiction for over two years now. I was charged in Idaho two years ago with obtaining a controlled substance by deception. All of the charges were dropped upon my completion of the drug court program here in Idaho, which was a very rigorous year and a half program. The only charges that were not dropped were two out of a different county that ended up being a misdemeanor petty theft and misdemeanor NSF check under $150. I was sentenced to one year unsupervised probation and restitution. I completed my probation and payed the restitution in March of 2007.
I have been trying to get my life back in order but have neglected my responsibilty in montioring my bank account which led to this recent charge. I am wondering if you have any insight as to what I may expect for this charge. I will be getting a public defender on the 4th but do not know what I should plea yet since I was not aware that the check would not clear and the account had been closed. Does there have to be intent for this charge or is it simply assumed that you knew? Any thoughts you may have on a probable sentence or advice in general would be greatly appreciated.
Thank you,
I will be going to that court date from my home in Idaho next week. I received some paperwork in the mail yesterday that indicated the charge was "Theft 2". I've done some research online and found that in Oregon this is a class A misdemeanor. The worst of the misdemeanors?
My history is that I have been in recovery from a pain killer adiction for over two years now. I was charged in Idaho two years ago with obtaining a controlled substance by deception. All of the charges were dropped upon my completion of the drug court program here in Idaho, which was a very rigorous year and a half program. The only charges that were not dropped were two out of a different county that ended up being a misdemeanor petty theft and misdemeanor NSF check under $150. I was sentenced to one year unsupervised probation and restitution. I completed my probation and payed the restitution in March of 2007.
I have been trying to get my life back in order but have neglected my responsibilty in montioring my bank account which led to this recent charge. I am wondering if you have any insight as to what I may expect for this charge. I will be getting a public defender on the 4th but do not know what I should plea yet since I was not aware that the check would not clear and the account had been closed. Does there have to be intent for this charge or is it simply assumed that you knew? Any thoughts you may have on a probable sentence or advice in general would be greatly appreciated.
Thank you,
