Expert: Jack Toomey - 2/29/2004

Question

Hi, I was wondering if you could please answer a few questions for me. I am really confused about how the whole system works or how to go about things. Any info you could give me would be great. This happened in California but we live in Oregon. Basically last Wed. my sister and I walked about of the store with something with out paying for it. My sister walked off and an undercover cop saw me and took me to the office in Disneyland. To which a police came and got me, took me to the police station and then they released me. My sister who is a minor was there (I'm 19)  and we where both in California with out our parents on a trip so I think that is why they let me go. My court date is April 5th. I have never been in trouble before at all and am unsure how this whole thing works. My first question is how to get a copy of the police report? Who all has access to this report? My whole family wants to see it but I would rather they not. When I was there the only piece of paper I got was a receipt for the property taken and nothing else. I thought they said I would get a paper on my court date but I never got anything. How do I go about getting any paper work available on this case. I live in Oregon could they mail it to me? My second question is some people have said I may be able to get the case transfered to Oregon because this is my first offence. How would we even go about something like that and is it even possible? Where can I find out about what I am look at? Like the lady said it is usually 3 years probiontion and a 1000 dollar fine. How do they determine that? Could it be jail time? What is the worst we are looking at. They kept saying I need to get a lawyer in Oregon. There is no way I can afford one and am not even sure how I am going to come up with the money to get back down there for the court date. If I could get it transfered to Oregon would they go by the Oregon law or California law? I am pretty sure they are different. I'm not even sure where to start or what to do or even where the court house is. I don't know what to expect or how any of this works.  

Answer
Angela,

  Obviously you are charged with shoplifting in the state of California so there is no way that the case can be heard in Oregon.  Don't listen to people who don't know what they are talking about.  You should have gotten all the paper work that is necessary for the defense of your case before you left the state of California because they are not just going to send you everyting.  What you need to do is retain an attorney in the county where the crime occurred and have him/her prepare the case.  It might be necessary to return to California and meet with the attorney before trial and then of course you need to be there on the day of trial.  Don't attempt to handle this yourself because anytime you are charged with a criminal offense that could give you a criminal record for the rest of your life in addition to jail time you need an attorney to handle it.

   Where were your parents during all of this? They should be assisting you in getting legal defense.

   I don't know what "lady" told you about the usual fine and probabtion but she was probably telling you what the normal sentence is for first offenders.  But that would give you a criminal record as a thief and you don't need that.

   So get your parents involved and retain an attorney in the county in California where you stole the property.