In case involving theft, or loss, destruction or damage to property, and many other property crimes, I have been successful getting cases dismissed with a Civil Compromise. A civil compromise is a complex set of documents we prepare between you and the complaining party. In exchange for you doing something for them, such as a letter of apology or paying for property damage, they agree to dismiss the case.

Alternative Resolutions

Property crimes can be handled in a number of different ways. Besides taking the case to trial or filing motions to suppress evidence, sometimes we successfully get property crimes dismissed through negotiations, or reduced from felonies to misdemeanors on successful completion of probation. It is possible to do a deferred sentencing, where one pleads guilty to the charges crime, pays the restitution for damage done, or performs some other service, and upon completion of the required criteria, the plea is withdrawn and the case dismissed. In Multnomah County for minor thefts Community Court is also an option where upon successful completion of the case, not only is the case dismissed or discharged, it may also be expunged.
Take a property crime seriously. A theft conviction, for example, reflects on your good moral character, and impacts your credit, future employment, and any future conviction.

Prior Convictions and REPO and Ballot Measure 57

The Repeat Property Offender statutes (REPO) and now the presumptive prison sentences set out in Ballot Measure 57 have teeth. If you’re a repeat property offender, you’re likely subject to presumptive sentences of 13 – 19 months prison. REPO may apply to you if you’ve been convicted of many property crimes including:

• Unlawful Use of a Motor Vehicle (UUV / UUMV)
• Robbery I or Robbery II,
• Aggravated Theft
• Possession of a Stolen Vehicle (PSV)
• Burglary II
• Burglary I
• Burglary II
• Identity theft
• Forgery I
• Fraudulent Use of a Credit Card
• Computer Crime
• Forgery II
• Criminal Possession of a Forged Instrument
• Fraudulent use of a Credit Card

Do not contact the victim of a property crime

If you attempt to contact the victim of a property crime, either to try to get them to dismiss your case, or to try to reach a civil compromise, you may end up in a worse position than you started in. No Contact orders or release conditions forbidding you from having contact with the complaining witnesses or so called “victims” require that you be taken into custody if you contact the victim,  and initiating such contact can lead to a new charges of Witness Tampering.
Your lawyer needs to contact the victim; listen to what they’d like to see happen in the case. Then review the terms with you to see if you’re agreeable. This is one great way to minimize the consequences in a property case, and can sometimes lead to a Civil Compromise too. If the case is eligible for a Civil Compromise, I will prepare the civil compromise motions, orders, affidavits, and releases; have the victim sign off, and put the matter before the court to move for a dismissal.
Here’s a list of the property crimes, some of which are also person crimes. Many, but by no means all, are eligible for a Civil Compromise.

• Aggravated Theft I
• Burglary II
• Burglary I
• Computer crime
• Criminal possession of a forged instrument II
• Criminal mischief I
• Criminal possession of a forged instrument I
• Criminal mischief II
• Criminal trespass II
• Criminal trespass I
• Forgery II
• Forgery I
• Fraudulent use of a credit card
• Mail theft
• Negotiating a bad check
• Possession of a stolen vehicle
• Possession of burglar’s tools
• PSV Possession of a stolen vehicle
• Robbery III
• Theft II
• Theft I
• Theft III
• Theft of services
• Theft by extortion
• Unlawfully applying graffiti
• UUV / UUMV Unauthorized use of a motor vehicle