Thursday, August 6, 2009

The lawyer

I figured I had better consult a lawyer to see what my options are. The following Monday I talked with one that gave me some interesting info and said it would cost about $3000.00. He then realized that the charge had been reduced to a violation and said that he did not handle violation cases and that finished our business. I had talked to a friend of mine who referred me to a lawyer whom I met on Tuesday for a consultation. He charged me $50.00 and spent 1 1/2 hours with me and explained my options. He definitely knew his business. He informed me that the reduction in charges to a violations was really no favor. With this I lost the right to a jury trial, court appointed representation and the trial outcome would be determined by the preponderance of evidence rather then beyond a reasonable doubt. This was not good. If any of you have been to traffic court then you know about the preponderance of evidence scenario. Cop goes up says you did it, you go up and say did not. Judge says guilty. In this case Goodwill security says I did so I have prove I did not. Pretty hard when the goods were in my cart. In Oregon apparently they have to show that I Intended to steal and should have to show that I selected the items and placed them under the dog blanket and knowingly left the store with the items concealed. This is all very difficult due the fact that all I have is my testimony and with the judge deciding the case on the preponderance of evidence I'm taking a big gamble. The lawyer said the easiest least expensive thing to do would be get the case put back into community court and plead guilty but said that we should look at the police report to see what Goodwill has on me. He figured it would basically say, suspect observed stealing, suspect appended. He also said he could handle the case for about $2500.00 or I could defend myself and offered to help me with portions of preparation for a lesser amount. He was very fair and I felt comfortable with his advise. I'm in a tough spot here not wanting to give in to this. I also can't afford the cost that I will incur to defend myself. There is also the fines and court costs in going to trial that I could get stuck with.

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