Shoplifting and Petty Theft in Oregon

Oregon charges shoplifting as theft. Taking property worth less than $100 is theft in the third degree, a Class C misdemeanor (up to 30 days in jail and a fine up to $1,250); $100 or more but less than $1,000 is theft in the second degree, a Class A misdemeanor (up to 364 days, $6,250). A person who has received a merchant's notice of trespass and re-enters the store while it is open with intent to steal commits criminal trespass in the first degree, a Class A misdemeanor. Acting with another person to take store merchandise worth more than $5,000 in total within any 180-day period is organized retail theft, a Class B felony. Under the civil shoplifting statute, an adult or emancipated minor who takes merchandise is liable to the store for actual damages, a penalty equal to the retail value of the merchandise (not to exceed $500), and an additional penalty of not less than $100 nor more than $250.

Oregon's rule on court-appointed lawyers: Public defense is administered by the Oregon Public Defense Commission. A person is financially eligible for appointed counsel if the person is financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person's dependents, under standards set by the commission. Eligibility is determined by the court from a detailed financial statement (on a commission-specified form) disclosing assets, liabilities, income and dependents; eligibility verification and screening personnel may assist the courts. If the court finds the person can pay all or part of the costs of the eligibility determination and appointed counsel, it may enter a limited judgment requiring payment of what the person can pay without substantial hardship; failure to pay is not grounds for contempt or for counsel to withdraw. ORS 151.213, 151.485, 151.487, 151.489

Lawyers set their own fees, and Oregon has rules on how they may charge. See hiring a criminal defense lawyer in Oregon for fee rules, how to check a lawyer's license and free help.

How release before trial works in Oregon: A magistrate makes a release decision at arraignment or other first appearance, giving priority to the primary release criteria and imposing the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person's appearance. Eligible persons are released on personal recognizance unless the release criteria require otherwise; if not, the magistrate considers conditional release, then security release. A requested release hearing must be held within 48 hours of arraignment (and no later than five days unless the defendant consents). For murder, aggravated murder or treason, release is denied when the proof is evident or the presumption strong that the person is guilty. For violent felonies, release is denied if the court finds probable cause and, by clear and convincing evidence, a danger of physical injury or sexual victimization to the victim or public; the defendant may request a hearing at arraignment, held within five days. For security release, the magistrate sets a security amount that will reasonably assure appearance; the defendant may deposit 10 percent of the security amount (at least $25), of which 85 percent is returned at discharge and 15 percent retained as costs, or post property or sureties worth double the security amount. ORS 135.240, 135.245, 135.265 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Oregon expungement and record sealing rules.