help...confused misdemeanor

[eibhu]

What is the name of your state? Texas

I was arrested for public lewdness. I was way too drunk at a party and a guy who I didn't even know very well got a hold of my keys and took me to a park, where we supposedly had sex. I don't remember anything, the last thing I remember was drinking too much, and then I was in a holding cell. Help!!! Do I need a lawyer, will i get jail time, or a fine?

 

[HomeGuru]

What is the name of your state? Texas

I was arrested for public lewdness. I was way too drunk at a party and a guy who I didn't even know very well got a hold of my keys and took me to a park, where we supposedly had sex. I don't remember anything, the last thing I remember was drinking too much, and then I was in a holding cell. Help!!! Do I need a lawyer, will i get jail time, or a fine?

**A: no, you need a brain.

 

[eibhu]

I just want to know if I need a lawyer or if I'll have to go to jail or if I'll just pay a fine, please someone help I've never been in this kind of situation.

 

[JETX]

Do I need a lawyer, will i get jail time, or a fine?

From the Texas Penal Code:
§ 21.07. PUBLIC LEWDNESS.
(a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.

This is really a minor offense, and is usuall dealt with by a small fine (a few $100 or so), plus court costs (another $100) and possibly with a short probated sentence.

If you are intending to try to plea this to a lesser charge or to plead not guilty, get an attorney. If you are going to accept the charges, you can do that on your own without an attorney.

 

[Happy Trails]

I just want to know if I need a lawyer or if I'll have to go to jail or if I'll just pay a fine, please someone help I've never been in this kind of situation.

Texas Penal Code Definition for Public Lewdness


21.07 Public Lewdness

In this chapter:

(A) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not a public place, he is reckless about whether another is present who will be offended or alarmed by his:


(1) act of sexual intercourse;

(2) act of deviate sexual intercourse;

(3) act of sexual contact;

(4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.



(B) An offense under this section is a Class A Misdemeanor.

Class A Misdemeanor PC 12.21

--------------------------------------------------------------------------------

An individual adjudged guilty of a Class A misdemeanor shall be punished by:

1.) a fine not to exceed $4,000
2.) confinement in jail for a term not to exceed one year
3.) both such fine and confinement

It's your call if you think you want to hire an attorney or not.

 

[JETX]

Damn, I thought I had turned that new 'echo' feature off!!

 

[eibhu]

so I really shouldn't worry that much then? I'll pay as long as I don't have to do jail time. Am I pretty safe?

 

[JETX]

so I really shouldn't worry that much then?

If you don't care if you have a criminal record for 'lewd conduct', probably not. Hell, it might even help you if you ever decide to run for public office.

I'll pay as long as I don't have to do jail time. Am I pretty safe?

I doubt that you will get jail time for a first offense 'lewd conduct' charge.

 

[eibhu]

You know that's actually funny because he was medium height and had a beard.(He was male though)