SamAdams,
When you say that the DA may ask for jail time instead of a fine if I lose the trial, is that something I would know about before choosing to go ahead with a trial, or is it a "surprise" that would not be disclosed until the end? In other words, do I get to know fully the consequences I am choosing between?
As far as something I am not telling, the facts are very simple. I was walking through the trails of a park, which yes, is known to be a homo hangout. I entered a clearing where 2 guys were having sex. I wasn't interested and left the clearing but the police arrived seconds later, tried to arrest the 2 guys (but they ran and the police didn't chase) and arrested me because they saw me leaving that immediate area. I returned another today to photograph the area, and the pictures show it's impossible for anyone to have seen who was doing what in the clearing from even a dozen paces away, but they said they "saw" me and that all of us were masturbating (by the way, the other 2 guys were fucking, so I KNOW the police are fabricating it all).
My lawyer said that in his opinion, the place is NOT reasonably exposed to public view and that there is not a reasonable expectation that we could be accidentally seen by the public, however he still seems to think I will lose anyway. he says the jury will be so unfavorably impressed with the fact that there were multiple men involved, that they will vote guilty out of moral repulsion.
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