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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Indecent Exposure (Not Guilty)

    My question involves criminal law for the state of: IL
    Our neighbors adult daughter has accused my husband of exposing himself and masturbating in the garage door in the back of our home. Now these are neighbors who we use to be close with, and my husband and her father had a falling out a few years ago. So they dont speak anymore.
    The police came questioned hubby and he denied everything. He was actually sleeping at the time she claims this happened. Fast forward, he was arrested on only her word, bailed out and now we are going to court over this. His attorney says the "way her statement is worded" we should go for a jury trial. (of course that is ANOTHER $1500 in his pocket if we do) I just am amazed with no prior arrests for ANYTHING in 49 years, they arrested him souley on her accusation and no evidence or other witnesses. Now he has gone to court twice and nothing has moved forward at all. The last time, the DA said he couldnt offer any pleas because he couldnt get ahold of "the victim" to approve or disapprove of any offers to my husband. First off, why is she called the victim? Doesn't that sound like he is already guilty? Shouldnt she be "the accuser"? We cant afford another $1500 (already spent 1500 + 500 bail) to pursue this at a trial. But, my husband refuses to plead guilty to something he did NOT do either. Our take is, her father put her up to this as some kind of payback for us not wanting anything to do with them any more.
    This is either of our first dealings with any arrest and court proceedings. We are both stunned that this is how the law works. Anyone accuses you of anything and youre arrested and prosecuted with no proof. Is this really the USA, because it's starting to feel like USSR to us! Does this story sound right to any of you?????

    I meant to also mention, this is the 2nd time in a year that she has called the police with a claim against my husband. The first time she said he just exposed himself. But nothing came of that. So this time she added that he was masturbating and looking at her too. The police also questioned all our other neighbors and they all said they have never seen anything out of the ordinary going on at our home. If he were to take a plea, to save more attorney fee's....what is to stop them from claiming this again? Then he will have a previous record. Of course the daughter has since gotten married and moved away. But, she is there occasionally, so he is not allowed to contact any one at that address *eye roll*

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Indecent Exposure (Not Guilty)

    Your husband can negotiate a plea bargain, or he can prepare for trial. Which does he prefer - pleading guilty to something he didn't do, or paying a lawyer to defend him in court?

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Indecent Exposure (Not Guilty)

    Of course he doesn't want to plead guilty, he didn't do it. My question really is how did it get this far, with only her say?

  4. #4
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Indecent Exposure (Not Guilty)

    There are strong reasons why to not do a plea bargain if he is not guilty. 1. As part of the plea bargin, you are admitting guilt to the offense listed. 2. If it is a sex offense, (and indecent exposure is) He will most likely also have to register as a sex offender for possibly life and attend expensive sex offender counseling classes for the 4 to 5 years. If he is not guilty, and there is "NO" evidence other than her word, take this to court. Don't worry about the attorney fees. I assure you, the probation, registration, and sex offender counseling, plus time loss from work due to incarceration time, will be much more expensive. This is a very serious charge with lifetime implications. Do not underestimate the damage to your family that can result!!!

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