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647(a)

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arunsar

Junior Member
My father-in-law, who has been in US for 2 weeks, got arrested and carged with 647(a). But it looks like the person who reported to the police got wrong indication of what he was oing. It was entirely because of cultural difference. I am too sure that he is innocent, but he has no option but has to go the court to pledge his case.

I have no idea how to proceed from here. He is also an old guy. Will the person be in court on the day? If she does not appear, it will be automatically discarded? I don't want to pay the fine as well because once this is appeared in his record, he may not get the VISA for the second time. I really want to fight the case.

any kind of advice will be appreciated?

Please help me.
 


CdwJava

Senior Member
arunsar said:
My father-in-law, who has been in US for 2 weeks, got arrested and carged with 647(a).
Here is the section:

647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.


But it looks like the person who reported to the police got wrong indication of what he was oing. It was entirely because of cultural difference.
Well ... maybe ... but I can't think of much in the way of a cultural difference that would explain a lewd act or request. But, I am willing to admit that there might be such a thing.

I have no idea how to proceed from here.
Help him obtain the services of an attorney.

Will the person be in court on the day?
The first hearing will likely be the arraignment and the victim does not have to be present for that. The victim might be subpoenaed for the preliminary hearing, but the reporting officer might be called to testify for her (hearsay testimony from peace officers regarding witnesses/victims is permitted in CA for Prelims only).

If she does not appear, it will be automatically discarded?
See above.


- Carl
 

arunsar

Junior Member
Thank for for detailed reply.

When I said it could be a cultural difference, I meant what he did and what that action was viewed or interpreted by the victim was different. I don't have the police report yet, so I can not say much what she said. But when my father-in-law was sitting in the park he was doing breathing exercise (breath in in one nose while covering the other nose by hand and then breath out from other nose). He did that 4 or 5 times. And then while sitting he put his hands inside the trouser pocket. If someone thought of something different, that was really bad. And the person was really 50 ft (or more) apart. Even he can not recognize her. he is just been to the country and does not know all these small details. This is really unfortunate and we are going thru hell because of what the other party thought.

I got a situation and I have to fight for that. I am trying to engage a lawyer.

Any further info will be appreciated.
 

FlyingRon

Senior Member
It may be culturally normal in your country to play pocket pool in public, but it's a lewd act here.

He'll have multiple shots at resolving this. The preliminary hearing will verify that there is a likihood that a crime did occur (this is why the evidence rules are relaxed). If it proceeds from there, then he'll have his chance at trial. A lawyer would not be a bad idea.
 

arunsar

Junior Member
At what stage it makes sense to engage a lawyer? Am I allowed to interpret his say in front of judge on the first court date?

What would be the better option? A lawyer explains the situation or the person who is defending. I know he is not guilty and I don't want this to linger. That's going to spoil his stay in US. He is here to spend some quality time.
 

FlyingRon

Senior Member
Now would be a good time to get the lawyer. A good lawyer can actually try to defuse things with the prosecutor (not saying he will, but it's worth a try). You certainly want him before the first court appearance.

For the trial courts, courts usually want a translator that they are certain of. You will not be able to act for him. Preliminary hearings are pretty informal and they *MAY* (don't know about the local practice) allow you to translate. If it's a common enough language for the area (Spanish, or some language that there are enough locally ethnic presence, they'll probably have a translator available anyhow).
 

outonbail

Senior Member
Thank for for detailed reply.

When I said it could be a cultural difference, I meant what he did and what that action was viewed or interpreted by the victim was different. I don't have the police report yet, so I can not say much what she said. But when my father-in-law was sitting in the park he was doing breathing exercise (breath in in one nose while covering the other nose by hand and then breath out from other nose). He did that 4 or 5 times. And then while sitting he put his hands inside the trouser pocket.
I'm not quite clear on what you are referring to when you say the "other" nose. I got the sitting part and the breathing in part. It's the part where he is covering the "other" nose that I start to doubt the accuracy of the image I'm visualizing in my mind. Well that and the reason for his hands being in his trousers have got me thinking that it may not be so much a cultural difference as it is a difference in the slang we tend to embrace when we describe certain parts of our anatomy. For example, most American's are familiar with what is being referred to, when someone mentions a trouser trout. In fact, as another person mentioned on this thread already, "pocket pool" is also a type of slang to describe what activity one might be engaging in with the "trouser Trout".

However neither of the actual things being referred to, have any literal relation to playing a game of pool or what fresh water sport fish are routinely stocked in public waterways.

Likewise, I have to believe that when someone is telling me about doing breathing exercises, which require covering one nose, then the other, in a sort of back and forth repetitive movement,,, for which that person has enlisted the use of his hands to accomplish said nose squeezing activity, which happen to be in his pants during this public ventilation exercise,,, well let's just say that it sounds like a self serving, generally private activity was taking place in a public park and you're father was caught red handed,,, so to speak.

Now I don't know what is considered an acceptable stage for engaging in this sort of activity in you're native country, but in this country, it is usually a private or semi private location, with usually one or possibly two consenting adults in attendance throughout the entire performance. If there is more than one adult in attendance during this heavy breathing exercise, you can be sure they are very acquainted with each other and didn't just happen to run into each other at a local bird sanctuary or public park.

What I'm getting at is that it wasn't what you're father was doing that is unacceptable, it was the location he chose to do it at, that landed him in trouble with the law. So you should explain to you're father, that in this country, when he's in a public location, he should keep his hands out of his trousers and completely away from his other nose.

In every state of this country, the only nose that can be blown in public, is the one on his head,,,, the head located above his shoulders,,, the one with two eyes, two ears, a mouth where food is inserted. Tell him that in the future, he must only enjoy this activity at home. Doesn't matter if it's before or after his walk in the park, just as long as he's at home, he can legally open the barn door and spend quality time petting his pinto pony, having a flag raising ceremony or playing snake charmer for as long as he likes.

Hopefully old habits aren't so hard to break. Maybe you could get him a camera so he has something to keep his hands busy when he's out in public?
 

Just Blue

Senior Member
I'm not quite clear on what you are referring to when you say the "other" nose. I got the sitting part and the breathing in part. It's the part where he is covering the "other" nose that I start to doubt the accuracy of the image I'm visualizing in my mind. Well that and the reason for his hands being in his trousers have got me thinking that it may not be so much a cultural difference as it is a difference in the slang we tend to embrace when we describe certain parts of our anatomy. For example, most American's are familiar with what is being referred to, when someone mentions a trouser trout. In fact, as another person mentioned on this thread already, "pocket pool" is also a type of slang to describe what activity one might be engaging in with the "trouser Trout".

However neither of the actual things being referred to, have any literal relation to playing a game of pool or what fresh water sport fish are routinely stocked in public waterways.

Likewise, I have to believe that when someone is telling me about doing breathing exercises, which require covering one nose, then the other, in a sort of back and forth repetitive movement,,, for which that person has enlisted the use of his hands to accomplish said nose squeezing activity, which happen to be in his pants during this public ventilation exercise,,, well let's just say that it sounds like a self serving, generally private activity was taking place in a public park and you're father was caught red handed,,, so to speak.

Now I don't know what is considered an acceptable stage for engaging in this sort of activity in you're native country, but in this country, it is usually a private or semi private location, with usually one or possibly two consenting adults in attendance throughout the entire performance. If there is more than one adult in attendance during this heavy breathing exercise, you can be sure they are very acquainted with each other and didn't just happen to run into each other at a local bird sanctuary or public park.

What I'm getting at is that it wasn't what you're father was doing that is unacceptable, it was the location he chose to do it at, that landed him in trouble with the law. So you should explain to you're father, that in this country, when he's in a public location, he should keep his hands out of his trousers and completely away from his other nose.

In every state of this country, the only nose that can be blown in public, is the one on his head,,,, the head located above his shoulders,,, the one with two eyes, two ears, a mouth where food is inserted. Tell him that in the future, he must only enjoy this activity at home. Doesn't matter if it's before or after his walk in the park, just as long as he's at home, he can legally open the barn door and spend quality time petting his pinto pony, having a flag raising ceremony or playing snake charmer for as long as he likes.

Hopefully old habits aren't so hard to break. Maybe you could get him a camera so he has something to keep his hands busy when he's out in public?
OMG! This is so flippin' funny!! Thank you for the HUGE laugh!!!! :D

I think she MIGHT have meant the other nostril, not the other nose.
 

outonbail

Senior Member
OMG! This is so flippin' funny!! Thank you for the HUGE laugh!!!! :D

I think she MIGHT have meant the other nostril, not the other nose.
:confused:
Well then, that's completely different.

So if I may borrow the Rosanne Rosanna Danna quick and easy step method to bow out of my embarrassment gracefully, I'll just say this,,,

Never mind!

:p
 

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