Unintended Indecent Exposure
My question involves criminal law for the state of: Florida
I was in my car the other day on my way home from work. I stopped at the local KMart to get some wrapping paper. I pulled into my parking spot and had been feeling an itching/burning sensation in my genitals. I unzipped my zipper and proceeded to examine myself. I didn't see anyone around me. I ended up not going into the KMart and decided to leave and go home to check it out further. As I was backing out of my spot I noticed a lady in a car to the right of me. I stopped at a gas station to get some gas in my car and while I was filling up the police showed up questioning me about my time at KMart. They asked what I was doing so I told them. Apparently the lady had seen me in my car and called to cops. They said she wants to press charges, so they took a verbal statement from me of what happened. I don't know what they asked from her. They did not arrest me and the police officer told me that I may or may not be contacted following up this case. He said that I shouldn't worry because it would only be a misdemeanor if I was contacted. He gave me a case number and gave me their phone number to call if I had any questions.
I don't know what to do. Will they eventually arrest me for an unintentional Indecent Exposure in my car. I had no intention of anyone seeing me. Please help me. I haven't been able to eat or sleep for the last two days. Does anyone know what will likely happen?
Re: Unintended Indecent Exposure
Without seeing the statement of the complaining witness, it's a crap shoot. Police took statements from both sides, and their report will be forwarded to the DA. It'll be up to the DA to determine whether or not to pursue the case. If I had to swing one way or the other, I'd note that there's an adamant witness who WANTS the case to move, your own admission that there may have been exposure (intent in a different matter), and the fact that a LOT of people (including people who sit on juries) would be creeped out by seeing someone touching themselves in the parking lot. Add to that Florida's reputation of being one of the absolute hardest on anything that even smells like a sex offense, and it's time to at least write down some numbers of local criminal defense attorneys and keep them in your wallet. The DA has a long time, up to 2 years for a misdemeanor in FL, to decide to move or not move on the case, and until they make their decision, life will go on as normal. IF the DA chooses to move forward and bring a criminal case, they'll request a warrant, arrest you on the charge, and you'll at that time want to speak to an attorney and ONLY that attorney. If on the other hand the DA determines that the witness isn't credible or encounters some other "snag" in the case, they may offer a lesser charge or decide not to pursue the matter at all. So it'll really be a waiting game to see what, if anything, the DA wants to do with the ball in their court.
Re: Unintended Indecent Exposure
Why didn't they arrest me on site? I don't understand. I didn't do it intensionally. So your saying that they could arrest me. My life will be ruined. The officer said I wouldn't have to register as a sex offender. I have a girlfriend, a job, I do not get in trouble. I will lose my job and everything I have. I feel like my life has come to an end because of a stupid incident that was not meant for anyone to see. How much will it cost to hire an attorney. Im 23, and I'm just starting my life in a new city. Everything is over for me.
Re: Unintended Indecent Exposure
Oh, for heaven's sake, take the drama llama and park it out back.
They didn't arrest you on sight because in this country we like to investigate before taking action. Yes, you could be arrested but it's also possible that you won't. Even if you are, you've already been told that it's a simple misdemeanor EVEN IF you're ultimately found guilty. That is not the end of life as you know it.
Tone down the wailing, put away the violins, and wait till you have something to cry about. And next time, wait till you get home before you start playing with yourself.
Re: Unintended Indecent Exposure
I don't mean to sound that way. I am scared for my life. I wasn't playing with myself either. I had itching/burning down there and when I stopped I thought I should take a look and see what was wrong. I did not do anything sexual and for anyone to see.
Just please tell me your opinion:
1) How long could it take before I am notified?
2) What kind of charges can I expect?
3) How much does it normally cost to hire an attorney for this matter?
Please Im not asking for sympathy just wondering about all of this. Thank you for your time and I look forward to hearing back from you.
Re: Unintended Indecent Exposure
There are NO circumstances when it is appropriate for you to investigate that particular part of your anatomy in any location but your bedroom or bathroom, in both cases with the door closed.
1.) Anywhere between tomorrow and two years from now, based on Catherine's explanation
2.) Read Catherine's first sentence. Since we haven't seen the complaint, it's impossible to guess.
3.) In your part of the country, I have no idea. Pick up the phone on Monday and start calling some. Call, do not e-mail. Attorneys do not generally respond to unsolicited e-mails.
Re: Unintended Indecent Exposure
First, Some non-legal advice: Wait til you get home or into a locking, single-stall facility to inspect/handle genitalia.
Next, your questions have been answered, but here we go again...
- Charges - the state has 2 years. You may be served a notice to appear in court anytime within the next 5 minutes or two years from date of incident.
- Charges can be Indecent Exposure, and/or Public Masturbation. Depends on the witness states she saw. If you were being touchy/feely with your unit, it can also look like you spanking the monkey in public.
- Lawyer costs are best discussed with a lawyer in your area, if charges are filed. That's because the lawyer is not psychic and won't know your exact charge(s).
Re: Unintended Indecent Exposure
Ok thank you for all of your replies. Just one more question.
With all of your knowledge, what are the chances (that you may know personally dealing with legal advice) that I will be notified? Could you maybe give a percentage? I would like to know if I should tell my parents, my girlfriend, and my job now or if I should wait to see what happens. I have not been in any trouble like this EVER and I am disgusted by my self and the actions that I have done. I feel like I will lose everything that I have worked so hard to get. Thank you again, please I am only asking because I am making myself sick thinking about all of this.
Re: Unintended Indecent Exposure
Since I personally do not know anyone who investigates his genitals for any reason in the KMart parking lot, I have no experience to draw from.
Re: Unintended Indecent Exposure
I didn't mean if you knew someone personally that was in the same situation. What I meant was, with your legal knowledge and history do you know of any cases similar to mine that resulted in an arrest or a contact to appear in court. And what (just the best to your knowledge) are the chances that I will be notified?? Sorry for the misunderstanding.