Voyeurism case, please help!

[bleedingtears]

What is the name of your state? Michigan

Hello. This is my first post. I am sorry if I don't post in the right place, but I think this topic heading covers at least one of my questions.

I was arrested for supposedly taking pictures up women's skirts at a local mall. I was confronted, and forced to surrender my cellphone. They said that they had found two text messages showing pictures. I hadn't sent the pictures to anyone, and in fact, erased them from the gallery, but the police said that they found two images in the text messaging section somehow. It's possible that they were sending to my email, but I checked it and never received them, so I assumed they were never sent. Then I let them search my vehicle, and there wasn't anything in there. I know, I probably should have lawyered up earlier, but I was very scared at the time, and still am. So I was arrested, booked and released, AFTER stating that I had taken 1 or 2 pictures, but then erased them right away.

I have never committed or been convicted of any crime to date, and I have a perfectly clean record, except for yesterday's incident (and an MIP I got when I was 19...I'm currently 27).

I had a few questions:
1) I read that the maximum possible penalty is 2 years and/or $5,000 fine, AND this is a felony. I am wondering first, do I need an attorney?

2) Secondly, is it likely that I will face jail time? Also, am I stuck with a felony on my record? Or is it possible to have it knocked down to a misdemeanor, due to my previous record, and good standing, etc?

3) I was told to call a detective Monday (tomorrow) morning, and answer some questions for him. Should I get an attorney before contacting ANYONE?

4) If I do need an attorney, what kind of minimum fees would I be looking at? I was just wondering about a ballpark figure, because I may need to figure out funds.

I would appreciate any and all help with this case, as I'm really worried, and feeling really sick about a stupid thing I did.

 

[moburkes]

I was arrested for supposedly taking pictures up women's skirts at a local mall.

Unless I am mistaken, if they have pictures from your cell phone showing the view from below, I don't understand how this is a supposition.

1. Yes you need an attorney.
2. You don't have good standing - you have a MIP charge on your record. Yes, this will be a felony unless you plea.
3. Yes, that would be the wisest thing to do.
4. You need to beg and borrow the funds. Several thousand dollars.

 

[bleedingtears]

Thank you for the response.

The MIP doesn't show up on my record anymore. I think it was removed or something, because all the cops ran my information, and said they didn't have a record. I didn't get arrested for the MIP, just got a ticket and a fine, which I paid when I was 19.

As far as a plea, what are you referring to? Like a plea bargain of guilty getting me a reduced charge? Would it be possible to knock it down to a misdemeanor? I'm sorry for all the questions, just don't have any idea on all of this.

 

[moburkes]

Thank you for the response.

The MIP doesn't show up on my record anymore. I think it was removed or something, because all the cops ran my information, and said they didn't have a record. I didn't get arrested for the MIP, just got a ticket and a fine, which I paid when I was 19.

As far as a plea, what are you referring to? Like a plea bargain of guilty getting me a reduced charge? Would it be possible to knock it down to a misdemeanor? I'm sorry for all the questions, just don't have any idea on all of this.

You need an attorney.

 

[bleedingtears]

You need an attorney.

Ok, I will get one ASAP. Can you answer the prison time question for me, by any chance?

 

[moburkes]

Ok, I will get one ASAP. Can you answer the prison time question for me, by any chance?

Nope, cause I don't know the answer.

 

[bleedingtears]

Thank you for your help. Does anyone else have any additional insight, knowledge on this situation (from the first post)? If you could post it, I would very much appreciate it.

Thanks.

 

[quincy]

Your "video voyeurism" is covered under Michigan Compiled Laws Section 750.539d. You are facing prison for up to 2 years and/or $2000 in fines for using your cell phone for photographing these women without their consent. If you have been caught photographing women in this manner before, you face 5 years and $5000 in fines. You are facing up to 5 years in prison and/or a fine of $5000 for distributing, disseminating or transmitting for access by another person a photograph or visual image such as this. Both charges are felonies in Michigan.

Unless you have a real good attorney, I doubt the charges will be knocked down to a misdemeanor.

 

[bleedingtears]

Yea, I read that law on the state website. It's my first offense, as I said, and hopefully I will be meeting with a lawyer tomorrow. Any other information you guys could give me would be much appreciated as well. Thanks.

 

[seniorjudge]

How many other times have you done this?

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

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 seven 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!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

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


Other people may give you other advice; stand by.

 

[moburkes]

SJ: Did you report that post?

 

[moburkes]

Now I know who marbol is.

 

[seniorjudge]

SJ: Did you report that post?

Who is marbol and what post?

It's pre-coffee Monday, okay...give me a break....

 

[outonbail]

Well, I'm going to suggest what everyone else is thinking. A 27 year old who uses his cell phone to take pictures up a womens skirt without her knowledge, could probably use some professional help from a doctor who specializes in the field of mental health.

Have you ever thought of how you would feel if you discovered someone was violating your mother, wife, sister or daughter in this manner?

Personally, I can't imagine what would motivate anyone to enjoy such a perversion....