Not sure how it all works

[asdf1234]

What is the name of your state? Indiana

I was stopped by police two weeks ago for lurking around a house at night. neighbors called the cops and (according to the cops) are willing to testify. I was released - they said they couldn't hold me, and that I wasn't under arrest. I did lie to the cops at first (they asked if my car was mine, and I said no). I changed my story within a minute though, and did grant permission to search (nothing to find and they found nothing).

The next day, a detective dropped by my house and told me he was trying to figure out if I'm a catburgler they've been hunting for. Again, I wasn't under arrest. I'm not - i've never broken into anything and didn't that night, either. After a bit of discussion, he told me he believed that I wasn't, and that he was changing the police report from the night before to voyeurism, a class A misdemeaner (according to the detective). I admitted to it... I asked him "what happens next", and he replied "that's up to the prosecutor".

I realize I shouldn't have talked to the cop, but I was scared to death as he basically threatened to tell my wife (she didn't know then). He also asked when he pulled up "Mind if we talk about what happened last night", and didn't tell me I had the right to shut up and say nothing until the conversation was over...

So what happens next? If the prosecutor decides to move ahead (I can't figure out why he wouldn't charge me), what happens? I have no clue what to expect. How do I even know what's going on?

Also, what happens if I have no attorney and plead guilty? I assume a guilty plea would avoid a trial, which I can't afford (though I doubt I'd qualify for a public defendant).

Argh...

Advice welcome.

[outonbail]

Originally Posted by asdf1234

What is the name of your state? Indiana

I was stopped by police two weeks ago for lurking around a house at night. neighbors called the cops and (according to the cops) are willing to testify. I was released - they said they couldn't hold me, and that I wasn't under arrest. I did lie to the cops at first (they asked if my car was mine, and I said no). I changed my story within a minute though, and did grant permission to search (nothing to find and they found nothing).

The next day, a detective dropped by my house and told me he was trying to figure out if I'm a catburgler they've been hunting for. Again, I wasn't under arrest. I'm not - i've never broken into anything and didn't that night, either. After a bit of discussion, he told me he believed that I wasn't, and that he was changing the police report from the night before to voyeurism, a class A misdemeaner (according to the detective). I admitted to it... I asked him "what happens next", and he replied "that's up to the prosecutor".

I realize I shouldn't have talked to the cop, but I was scared to death as he basically threatened to tell my wife (she didn't know then). He also asked when he pulled up "Mind if we talk about what happened last night", and didn't tell me I had the right to shut up and say nothing until the conversation was over...

So what happens next? If the prosecutor decides to move ahead (I can't figure out why he wouldn't charge me), what happens? I have no clue what to expect. How do I even know what's going on?

Also, what happens if I have no attorney and plead guilty? I assume a guilty plea would avoid a trial, which I can't afford (though I doubt I'd qualify for a public defendant).

Argh...

Advice welcome.

You better scrape your money together and hire yourself a good attorney. You better take this serious because you will most likely be spending some time in prison. Where big Bubba doesn't like peeping Toms, or anyone else for that matter.
Following prison, (should you survive) You will be required to register as a sex offender wherever you decide to live. Your name, description, crime and other personal information will be posted online for all the world to see. Not many families want to be living next to a sex offender, myself included. So don't look at this whole thing like it's no big deal and you'll just plead guilty to get it over with. Because the repercussions of being convicted of this crime will never be over.

How old are you? You go around peeking in bedroom windows until you find someone you are excited by? Your lucky you haven't been shot as I'm sure there are countless fathers and husbands that would have no problem putting a bullet in someone looking in on their loved ones.
Who's to say you weren't planning on raping someone or worse?

I don't know what it requires, but you better get your head screwed on straight before you bring your kinky exploits to the next level. (should you live that long)

First, you need an attorney ASAP!

[asdf1234]

I'll talk to an attorney today. Until then, can someone fill me in on how one is charged, how quickly people tend to get arrested, that sort of thing?

Why didn't the detective have me arrested immediately?

I can't imagine them getting very far in an investigation without getting prints. They won't find anything (really, I'm new to this), but it seems like something they would want early in the investigation.

[seniorjudge]

Q: Until then, can someone fill me in on how one is charged, how quickly people tend to get arrested, that sort of thing?

A: No.


Q: Why didn't the detective have me arrested immediately?

A: Ask the detective.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[asdf1234]

According to Indiana law:
IC 35-45-4-5
Voyeurism; "peep" defined
Sec. 5. (a) A person:
Who peeps; or goes upon the land of another with the intent to peep; into an occupied dwelling of another person; or without the consent of the other person, commits voyeurism, a Class B misdemeanor. "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.

I see nothing indicating a sex offense... Also, the information about who has to register as a sex offender in Indiana makes no mention of voyeurism:
[URL="http://www.insor.org/insasoweb/general/faq.jsp;jsessionid=AAMjtmGDbYRtm4GcAmJ0rA**.prodejb07"]http://www.insor.org/insasoweb/general/faq.jsp;jsessionid=AAMjtmGDbYRtm4GcAmJ0rA**.prodejb07[/URL]