Legal Question in Consumer Law in Oregon
question about shoplifting
A few days ago I was shopping at Winco Foods. I made a poor decision and put a single pen (costs $1.50) into my pocket and tried to walk out with it. I was caught and was fined the maximum $250 penalty. I am a respectable citizen with a clean record. I am an 18 year old college student that can barely afford to feed myself, and now I have to find some way to come up with an extra $250. I read the citation document (ORS 30.875) and noticed that the minimum penalty is $100 which seems much more reasonable considering my crime. I have left the WInco Foods security department multiple messages requesting information about possible fine reduction, but they don't return my calls. Is there any way to possibly reduce my fine? I would be willing to do community service or anything other form of substitution, but i just can't afford this fee on top of all my other educational expenses. Please let me know if there is anything I can do.
Thanks for any and all help
-Tim
1 Answer from Attorneys
Re: question about shoplifting
I do not represent you and cannot offer legal advice.
If it were me, however, I would not sign anything and not pay them anything. They have to sue you, and win, in order to get the payment. You do not owe them anything, until they have sued you, have won in court, have obtained a final judgment. You can present your defense to the court--that you accidentally pocketed a pen. You will point out that you have no criminal record, etc. The likelihood they will get a $250 judgment against you is slim.
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