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CRUISING for SEX - View Single Post - fighting lewd conduct charge
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  #15  
Old 7th July 2005, 06:02 PM
ScruffyCub's Avatar
ScruffyCub
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Join Date: Mar 2003
Posts: 400

Dude...

I'm not going to get deeply involved in this, having little time and no legal expertise to offer. I DO, however, have EXPERIENCE to offer.

I would NOT go to trial with this.

Trials involve a lot of risk -- and frankly, even though it is not SUPPOSED to work this way, what often happens is that a DA who is forced to go to trial for something that is essentially "bullshit" like a lewd conduct charge, coupled WITH a judge who has FAR too many cases in his docket -- well, these two pissed off guys just might make you seriously PAY for taking up their time with a trial.

I would suggest that you ask your attorney to FULLY EXPLAIN things to you. Remember, YOU are paying HIM. If you DO want to seek a second opinion, go right ahead -- but do it secretly, if possible. Again, even though it is NOT supposed to work this way, I would find it ill-advised to piss off your attorney. Some lawyers get uptight if they think a client has no faith and trust in them. Foolish and unprofessional -- yes. But it DOES happen. Keep this in mind, but do NOT let it stop you from talking to another lawyer if you feel you are not getting the service you have paid for from your current attorney.

I had one attorney who DID get pissed off when I questioned his tactics -- yet, in the end... he did the right thing and everything worked out for me. I had another attorney who was happy to take the time to explain everything in great detail and who advised me to take certain actions which turned out to be favorable in the end (these do not apply to YOUR case, from what I have read, so I won't bother discussing them).

Personally, the last thing I would want in today's moral climate is to have twelve strangers decide my fate -- the inherent risk is obvious. If you can arrange a bargain with the DA and the judge via your attorney -- this may be the best possible option for you.

I was also busted once in a situation where NO ONE could possibly have seen -- this does NOT matter at all -- so just forget that completely. Your photos are useless and will only piss off a judge or jury. It is the cops' word against yours -- and you KNOW what will happen.

I would take the nolo plea, if I were you, but I would also ask my attorney to try to make the bargain a little more favorable. I do NOT like the idea of a year's probation. The fine is bullshit -- if you can pay it and be done with it, who cares about $150? ASK your attorney if the plea would affect your job. And honestly, dude... even though it would suck to be shit-canned from work for this... there are other jobs. For me, the bottom line is that ANYTHING is preferable to jail time and a trial -- others may have differing opinions.

It sucks, but fighting these kinds of charges is a bullshit game that goes on EVERY single day in EVERY single city in the nation.

Why do you think your attorney specializes and advertises lewd conduct cases? EVERY phone book has a listing for an attorney who handles such things. It's a money-making, citizenry-placating atrocity -- and you got fucked.

Whatever gets you OUT of the system the fastest with the littlest possible after-trauma is your best bet. Letting this linger on for MONTHS should you not get a speedy trial date is going to do a BIG number on your mind. If you can get it OVER with soon, you'll be a much happier man.

That's stating the obvious, of course -- but sometimes that is what we need to hear.

Good luck.
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