2 years probation w/ 60 hours community service?

[lew10281]

I have an Exposing Persons charge in MO and thats what the prosecutor is requesting. is that excessive? i have a lawyer but he's not getting the charge down for me (which i need because im trying to get in the military).

Should i hire another lawyer? what should i do?

 

[moburkes]

I have an Exposing Persons charge in MO and thats what the prosecutor is requesting. is that excessive? i have a lawyer but he's not getting the charge down for me (which i need because im trying to get in the military).

Should i hire another lawyer? what should i do?

Are you saying that the prosecutor is refusing to plea? That's his right.

 

[quincy]

In Missouri, the penalty for a Class B misdemeanor (which is what your 2nd degree sexual misconduct is) is 30 days to 6 months in jail and a fine up to $500. There is no suspended sentence unless the person is placed on probation for 2 years. You got the best deal you could under Missouri law.

 

[lew10281]

I don't know if he's refusing to plea or not. I don't have any priors or anything so i feel like he shouldn't be playing hardball. I just think my lawyers not doing enough. My attorney said if I can somehow show im getting into the military that he'll drop it down to a littering charge.

 

[lew10281]

In Missouri, the penalty for a Class B misdemeanor (which is what your 2nd degree sexual misconduct is) is 30 days to 6 months in jail and a fine up to $500. There is no suspended sentence unless the person is placed on probation for 2 years. You got the best deal you could under Missouri law.

I didn't actually do this. I didn't have the money to fight it so the police officer said just write a statement saying i had jock itch and the kids accidentally seen my wang. He was like its going to be like a violation of an ordinance and i'd just have to pay a fine.

Would a better lawyer get this knocked down to a littering charge?

 

[quincy]

Littering is a Class A misdemeanor in Missouri, so you can be imprisoned for up to 1year and be fined $1000. I think I'd stick with probation for your Class B, instead.

Oops. Just read that you exposed yourself to children. That is greater than a Class B. Your probation is looking better and better all the time, quite frankly.

 

[lew10281]

So if i complete the probation would this be on my record? So basically i won't be able to get in the military no time soon?

 

[quincy]

Exposing yourself to children in Missouri is a Class D felony, so your 2 years probation and community service is generous. I don't know if, after you serve your 2 years probation with no other violations, and complete your community service requirement, the charges would be dismissed and there would be no record. You should ask your attorney that question. I also don't know if joining the military would be possible while on probation, or if your community service could be delayed or shortened if you joined the military. Your attorney and the prosecutor seem willing to work with you on this, which is nice. I would rely on their advice.

 

[lew10281]

is there a way I can talk to the prosecutor myself? or do they only talk to lawyers?

 

[quincy]

Your attorney is there to defend you and the prosecutor is there to prosecute you, so I would talk to your attorney. Tell your attorney your concerns (about getting into the military) and your attorney can talk to the prosecutor to see if anything better than 2 years, 60 hours can be worked out, and what the possibilities would be of having the charges against you later removed from your record.

I honestly can't tell you what the best would be in your situation, as I think probation and community service is not too bad considering the alternatives. But definitely talk with your attorney. He knows what is possible in Missouri far better than I do.

Good luck.

 

[lew10281]

Well im going to pay a new lawyer $750 and he said he can definitely get the charge down to a littering charge.

 

[PJ Weber]

I also don't know if joining the military would be possible while on probation, .

Not possible while on probation, all obligations will have to be completed

or if your community service could be delayed or shortened if you joined the military

Any reduction of a sentance or similar for the specific purpose of joining the military is a disqualification for joining the military

 

[quincy]

lew10281 - It does sound like the Class A is best, with the 2 year probation and the community service. According to PJ (thanks for the info!), it also appears that your military career will have to be put on hold for awhile, while you serve out your probation and complete your community service.