Quote:
Originally posted by dcfan
I -- yes, stupidly -- did this and so the scenario I imagine is this. Police receive complaint. Police note my license # from complaining guy and trace it to my name. Police see that I am already charged with lewd conduct (trial hasn't happened yet) and add this to my record or whatever. At the trial they say, ah ha! I see you were also seen having sex in your car one night. You are obviously an incorrigible repeat offender and must receive the maximum penalty of the law.
Could any of that really happen?
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I am not a lawyer, but I dated a law student before. He assured me that a good lawyer will demand that the judge prevent the police from saying anything in court about your other offenses. In a criminal court case you have a right to be judged with only the evidence directly related to the case.
But in practice, a police officer or prosecutor could "slip up" and let a jury hear about your other offenses. Even though the judge will tell the jury to disregard the comment, it will be hard for the jury to ignore it. The police officer or prosecutor has little to lose by "unintentionally" violating a judge's order.
This is why many lawyers will decline a jury trial, especially if they know the judge is honest. Judges see so many of these cases they are not influenced by gamesmanship unless they happen to have an agenda of locking up gay public sex perps. If your lawyer doesn't know the judge, you may be fucked.