I need help. I was recently arrested and charged with lewd conduct in Los Angeles. According to the police, they saw me having sex with several guys in a wooded area of Elysian Park, but the truth is that I was only walking through the area while others were engaging in sex. When the police came in, the ones having sex ran and so they grabbed me.

What do I do? I have so many questions.
1) Do I plead Not Guilty? If I plead Not Guilty and they convict me anyway, will the penalty be worse than if I had just plead Guilty?
2) Is it possible that they will send me to jail for this, my first offense, especially if I try to plead Not Guilty?
3) Will they notify my employer (a college), and could my college fire me?
4) Isn’t it true that for a lewd conduct charge to stick, there has to have been a third party present who was offended OTHER than the arresting officer(s)? I’ve heard this but don’t know if it’s true. If it’s true, does that mean the charge will be thrown out?
5) Will I be questioned as to my sexual orientation or history, or asked whether I’ve ever had sex in that park before? If so, should I lie about these things?
6) Can anyone refer me to an attorney? Other than attorney, is there a resource I should contact that takes an interest in bogus ‘lewd conduct’ arrests here in Los Angeles?
7) Based on what I’ve shared, is there any chance the charge might be thrown out? What does that even mean exactly?

And in general, WHAT SHOULD I DO?

Thanks so much for any help
Dcfan

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call john duran
good attorney
he'll give you advice

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Forget John Duran...he is just in it for the money and won't spend much time on your case. Check out BRUCENICKERSON.COM....he is an expert on the subject and is motivated by the cause rather than the money.

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Thanks for the suggestions, guys. Isn't Nickerson based in Northern California, though? Would he take a case so far away? Anyway, I was wondering if you guys had been through this experience personally and if you are willing to share your experience with me through e-mail?

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Yes, Bruce Nickerson is based in Northern California....San Marcos I believe....but he takes cases all the time in Southern California....and will travel. Travel is not an issue for him. He charges less than John Duran too.

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First, get yourself a good lawyer who has a reputation for successfully defending cases such as yours. Second. I'm going to assume you made no statements to the police when you were arrested and formally charged with Lewd Conduct in violation of the California Penal Code. Third, I'm also going to assume you were read your Miranda Rights by the police and that you made no statement, either oral or in writing, about yourself without having first consulted your lawyer.

Since you have posted to this forum after the fact of arrest and being formally charged, you've obviously made bail and are no longer in police custody.

Again, get yourself a good lawyer who has a reputation for successfully defending cases such as yours. The questions you have asked here are for a lawyer to answer for you -- the person he/she will be defending in court.

The fact you were arrested and formally charged with the offense of Lewd Conduct does not mean you are guilty of that specified offense. When you were formally charged for Lewd Conduct, the specified California Penal Code was referenced in the charging document prepared by the police. Once you retain a good lawyer, he/she will explain the specific charge of Lewd Conduct as it is referenced in the California Penal Code and your lawyer will be able to answer the questions you have asked here. Your lawyer will also carefully question you about other questions he/she might have in defending you in court.

Why would you not plead guilty? Only your lawyer can advise you on making a plea or not making a plead of guilt. Again, get yourself a lawyer who has a reputation for successfully defending people like yourself.

Remember that there are lawyers who have a reputation for trying cases like yours and there are lawyers who have a reputation for successfully defending cases like yours.

__________________
Those who deny freedom to others deserve it not for themselves. And, under a just God, cannot long retain it.

-- Abraham Lincoln

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First of all, free advise is worth exactly what you pay for it....nothing. Yes, get yourself a lawyer.

Second, you cannot plead guilty to a crime you didn't commit. A Judge has to hear you admit you did the things the police say you did. If you say, "Judge, I didn't do it, but am pleading to make it just go away", he can't accept it. Plea bargins are for people pleading to a lesser, included offense, not for innocent people. If you plead guilty, you will have to admit you did what the police charged.

Miranda is only an issue if you answered questions about the crime. Miranda isn't required to just ask you name, address, and other identifiers. So if they just asked you for your identification and wrote you a citation, they weren't obligated to Mirandize you.

The law and rules of evidence vary from state to state, so don't believe something someone (including me) outside of California tells you.

Good Luck

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so the guys who WERE in engaged in this conduct all went free and you got charged? Incredibly bad luck.
Quoting Abe Lincoln while discussing the case of a guy who got caught sucking dick in the woods....."fourscore and seven cocks ago, our foreskins became united in one cumload, free and airborne, fighting the oppression of the police academy...."
No use telling us a sanitized version of events and asking for advice. So far you have said you were walking, somebody was having sex (not you), but they got away and you got arrested....
what is missing?

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What I can tell you is the police are definitley prosecuting these cases in LA Court. I was called on jury duty for such a case for someone who was arrested in Elysian Park like yourself. I could have tried to get on that jury and forced an acquittal or mistrial, but I told the truth to the judge and said I could not be objective on such a case where the law is inequitabley administered. I told him that I had heard of too many cases of entrapment or misrepresentations by peace officers in these types of cases and that I could not be objective. I was excused.
I can also tell you that it doesn't matter whether you were mirandized or not. I was stopped by WH Sheriff's dept, not mirandized, questioned and since there were no lewd issues involved, booked and charged with "prowling". A variation on trespassing when they have nothing else to charge you with. Ultimately the charge was dropped (in BH court) after I agreed not to pursue the police for false arrest. If I had not agreed, they would have prosecuted my case.
What the others have said is important. Get a good lawyer with experience in winning these types of cases and good luck to you.

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Flip, you weren't Mirandized (nor was it required) because at that time, you weren't in custody. You may have felt that way, but if you were just stopped and asked why you were in the area (maybe they had a complaint of a prowler in the area), Miranda wasn't required at that time. ONLY WHEN IT IS A CUSTODIAL INQUIRY AND ONLY WHEN QUESTIONED ABOUT THE ALLEGED CRIMINAL ACTIVITY. If, based on your answers, they decided to charge you, only then are they required to Mirandize you and ONLY before questioning you about the crime, not things like name, dob, ssn, address, ect.

Guys, don't get hung up on this Miranda thing. TV has made eveyone a legal expert, or so they think. Miranda does not have to be given in every arrest situation. It is very specific (and the Supreme Court is always tinkering with it). It might not be done till hours or days later (or never), when a detective starts questioning you.

If you need advise, see a lawyer. Don't seek it on the internet. Because if you leave out just one minor detail, it could change the whole complexion of your case.

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Just to clarify. I was never mirandized, before or after questioning or arrest. I only brought it up to make the same point you made Sam. What we think we know about the law is often not the way it transpires in real life. Like I said before and you reiterated, get professional help.

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So I got a lawyer who specializes in lewd conduct cases, but so far after several thousand dollars, I seem to have nothing to show for it. The DA offered me $150 fine or 5 days in jail, a year of probation, a stay-away from the place, and a charge of lewd conduct. Isn't this what I would have been offered without having paid for a lawyer? It doesn't seems like any plea bargaining has taken place. I'm not being offered a lesser charge or an alternate sanctioning program, nor has my lawyer filed any sort of motion to dismiss.

Strangest of all, he seemed to think I should plead no contest, but when I asked if there were any drawbacks to going to trial (like a stiffer sentence) he said no. And with lewd conduct on my record I could lose my job. I thought my lawyer was going to pressure the DA to drop the case, not pressure me to do so! And all along, people have been telling me to fight it to the end, so it's very weird that he's now saying I should give up to save a couple of thousand dollars in legal fees if my job/living is on the line. Is it time for a new lawyer, or does anyone see a method to his madness?

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dcfan, I've re-read all the replies and no one here has suggested you fight to the end. As I said in my first reply, the advise you get is worth what you pay for it. Free advise is worthless.

That said, lawyers are just like doctors. If you don't like one's advise, find another or at least get a second opinion. Trust me, you will eventually find one who tells you what you want to hear. May not be accurate, but he will take your money. (Remember people going ot Mexico to have their blood heated to cure AIDS?)

So far, I have resisted telling you what I would do. I'm just afraid there are some details you may have left out. If what you say is completly true, I'd fight it, but maybe not to the end ( favorite line: a man's got to know his limitations). Is there a Lambda chapter there? Have you talked to them?

Flip said the DA is prosecuting these cases and he/she just may not be in the mood to bargin. If that is the case, you are SOL for a bargin. Take your chances with a trial, but the DA may ask for jail time, instead of a fine, if you lose. Doesn't mean the Judge will go along with it, but it is a danger.

You are caught between the proverbial rock and a hard spot. Best of luck.

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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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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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