I made a mistake and need help.

[Collegefool]

Florida.

I am a 19 year old college student in Gainesville florida. I was leaving a dance club with some friends of mine around 1:30 am. A police officer had parked her car in the middle of the street and was down the street instructing traffic. My friends and I were taking pictures around the police car. Looking back I realize how stupid it was, but my friend took a picture of me showing my bare butt by the cop car. Everyone was laughing except for the officer that happened to drive by.

The officer did not find our antics funny, instead he frisked me and told me I was technically under arrest. He gave me a notice to appear. He cited me in violation of state statue number 800.03, indecent exposure. I qoute Officer King-

I observed the above (def) posing for a picture next to ofc Mack #689 veh#2299 with his jean pants down exposing his crotch and rear end.

This is ony partially true. I was aiming for humor, not vulgarity...my crotch was in no way visable to anyone, my friends were there to testify...and I have the picture. The officer that saw me was the only one who complained, no one else was bothered. What I did was stupid... but I do not believe I am guilty of the crime charged. (This is the text of s. 800.03 http://www.nac.oshkosh.net/StatesFrames/State_Laws_Frames/Florida_Laws/body_florida_laws.html#NACNOTE1

Additional research on the topic brought me this http://home.att.net/~saran/fljury.htm

My arguement is that I did not expose my sexual organs, they were at no time visable.
It was not intended to be vulger, lewd, indecent, or lascivious.

I am not perverted, just occasionally immature. I do not want to be convicted of this. My questions for the experts are...

1. Is indecent exposure in Florida a sex crime, will I have to be a registered offender if convicted?
2. Would contacting the D.A. office be any help, could they be persuaded to drop the charges.
3. The requirements for conviction that I found were on a web site, are they real dependable information?
4. If I admit guilt to showing my butt, but convince the jury it was not indecent exposure, can I be charged with disturbing the peace(the actual crime I should be charged) after the fact?
5. What should I do next, I cant afford an attourney, and I have heard horror stories about the appointed state attourneys.

Please and thanks folks...

 

[seniorjudge]

Florida.

I am a 19 year old college student in Gainesville florida. I was leaving a dance club with some friends of mine around 1:30 am. A police officer had parked her car in the middle of the street and was down the street instructing traffic. My friends and I were taking pictures around the police car. Looking back I realize how stupid it was, but my friend took a picture of me showing my bare butt by the cop car. Everyone was laughing except for the officer that happened to drive by.

The officer did not find our antics funny, instead he frisked me and told me I was technically under arrest. He gave me a notice to appear. He cited me in violation of state statue number 800.03, indecent exposure. I qoute Officer King-

I observed the above (def) posing for a picture next to ofc Mack #689 veh#2299 with his jean pants down exposing his crotch and rear end.

This is ony partially true. I was aiming for humor, not vulgarity...my crotch was in no way visable to anyone, my friends were there to testify...and I have the picture. The officer that saw me was the only one who complained, no one else was bothered. What I did was stupid... but I do not believe I am guilty of the crime charged. (This is the text of s. 800.03 http://www.nac.oshkosh.net/StatesFrames/State_Laws_Frames/Florida_Laws/body_florida_laws.html#NACNOTE1

Additional research on the topic brought me this http://home.att.net/~saran/fljury.htm

My arguement is that I did not expose my sexual organs, they were at no time visable.
It was not intended to be vulger, lewd, indecent, or lascivious.

I am not perverted, just occasionally immature. I do not want to be convicted of this. My questions for the experts are...

1. Is indecent exposure in Florida a sex crime, will I have to be a registered offender if convicted?
2. Would contacting the D.A. office be any help, could they be persuaded to drop the charges.
3. The requirements for conviction that I found were on a web site, are they real dependable information?
4. If I admit guilt to showing my butt, but convince the jury it was not indecent exposure, can I be charged with disturbing the peace(the actual crime I should be charged) after the fact?
5. What should I do next, I cant afford an attourney, and I have heard horror stories about the appointed state attourneys.

Please and thanks folks...

2. Would contacting the D.A. office be any help, could they be persuaded to drop the charges.

A: No.


4. If I admit guilt to showing my butt, but convince the jury it was not indecent exposure, can I be charged with disturbing the peace(the actual crime I should be charged) after the fact?

A: If you admit guilt, there will be no trial (and thus no jury).


5. What should I do next, I cant afford an attourney, and I have heard horror stories about the appointed state attourneys.

A: 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!”)

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.

 

[magic55]

Call the prosecuter, they will most likely reach a deal with you. They dont want to be in court over something so stupid. You will probally end up paying a fine and doing some community service. Dont sweat it to much.

 

[john123456]

Call the prosecuter, they will most likely reach a deal with you. They dont want to be in court over something so stupid. You will probally end up paying a fine and doing some community service. Dont sweat it to much.

Poster:

When you hang up from that call, please post back.

 

[magic55]

Your wrong there Johnny, most DA's would reduce this case.

 

[garrula lingua]

Any defendant, who has not appeared in court, will not get a response from a phone call to the Prosecutor.

It is unethical for a Prosecutor to communicate with someone who is represented by an atty, or who has not yet waived that right, in writing.

Don't bother calling the Prosecutor.

If I were the Prosecutor, I'd love to take this case to trial. It would be fun & a great change from the boring DUI trials. Naw, I wouldn't reduce.

 

[rlrl]

Re: Sex offense

In NY state the charge of Public Lewdness is not a sex offense but an offense against the public sensibility

 

[You Are Guilty]

2. Would contacting the D.A. office be any help, could they be persuaded to drop the charges.

A: No.


4. If I admit guilt to showing my butt, but convince the jury it was not indecent exposure, can I be charged with disturbing the peace(the actual crime I should be charged) after the fact?

A: If you admit guilt, there will be no trial (and thus no jury).


5. What should I do next, I cant afford an attourney, and I have heard horror stories about the appointed state attourneys.

A: 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!”)

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.

A possible addition to the "standard answer"? More advice from a criminal defense attorney:
http://newyork.craigslist.org/about/best/tus/165863945.html

 

[calatty]

Your defense is that you did not expose them "in a vulgar or indecent manner," but in a humorous manner. Get a lawyer. S/he may well be able to plea bargain this out to a lesser crime.

 

[garrula lingua]

Calatty is right.
Next time, wear drawers and show your butt in drawers.