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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13481
Experience:  Experienced in multiple areas of the law.
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My 18 year old son, got in trouble in a matter of 2 week time

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My 18 year old son, got in trouble in a matter of 2 week time period. He is facing Theft 1 charges here in Eugene Oregon. Since this time, November 09, he has been diagnosed with PTSD and it has come out that he has a lovely little drug problem and this is why he did what he did. He was putting empty envelopes in the atm and pulling money out. He pulled out approx. $3000 which is amazing to me because like I said this was over a two week time span and the bank just let it keep happening??? What are we looking at? I have research what the penalties are but cannot find what current sentencing has been. What are we looking at here? It is a Class C Felony, is it expungable? Is that a word?
Good evening, thank you for your question.

Sentencing depends on a lot of factors, so it won't be the same from person to person. In addition, Oregon follows "sentencing guidelines" when determining an individuals potential sentence. Factors considered include the nature of the crime, if there were victims injured, and the individual's past criminal behavior. Each defendant is given a "score" that determines their possible sentence. Obviously, the more serious the crime, and the worse the person's record, the higher the score, and the stiffer the punishment. For a first offense crime, it's possible your son, if convicted, receive probation, and not any jail time. In addition, the judge has the freedom to deviate from the guidelines to consider factors such as how remorseful the individual is, factors that may have played into the crime (such as drug abuse) and what steps a person has taken since their arrest (going to meetings is excellent because it shows the court that your son recognizes he has a problem and is taking responsibility). Furthermore, it is possible that his attorney may negotiate a plea to reduce his charges. The sentencing guidelines are far too complex to try and explain here (they are very lengthy to read and understand) but it is something your son should ask his lawyer about.

With respect to expungement of a record, he is eligible to have the record expunged. If the case is dismissed or he is acquitted, he can immediately file for expungement of the charges. If he is convicted, he must wait 3 years from the date of sentencing before petitioning the court for an expungement of the record.

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