Can my charge be dissmised?

Asked almost 2 years ago - Miami, FL

Last night i was charged with "exposure of a sexual organ" Fla. Stat. 800.03 for urrinating on the sidewalk of a residence with a cement fence. The officer told me to sign a complaint/arrest affidavit stating these facts. This is my first offence. I looked into the case Payne v. State 463 So.2d 271 (Fla. 2nd DCA 1984) which stated urinating in public is not considered "indecent, vulgar, lewd or lascivious" or with sexual itent. Do I have a defence to this charge?

Attorney answers (7)

  1. Colleen M. Glenn

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . Yes you do. Contact a criminal defense attorney to disuss how to proceed.
    www.colleenglenn.com

  2. William David Umansky

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes you do. Contact a local Miami lawyer who can review your police report to see what the police are specifically saying you did. I am very familiar with that case but caselaw alone will not get the case dropped. A lawyer has to file a motion to dismiss or move for a JOA at trial. Good luck!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  3. Roger P. Foley

    Pro

    Contributor Level 11

    8

    Lawyers agree

    Answered . Yes. It's common for police in Miami to overcharge people. Contact my office or another competent lawyer in Miami to fight the charge. Don't wait until your court date as it is more difficult to have charge changed by line prosecutor.

  4. Adriana Collado-Hudak

    Contributor Level 2

    6

    Lawyers agree

    Answered . Absolutely! You should contact a criminal defense attorney ASAP so that they can begin contacting the prosecutor's office to resolve this case. My firm handles federal and state criminal cases, and I'd be happy to assist you.

  5. James W Chandler

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . I agree with my colleagues. It is not uncommon for police to overcharge something, or charge something as a crime which is not, or change you with something that they think should be a crime and is not, or charge you with something where they don't like what you did and it "should be a crime".

    I would hire a criminal defense attorney ASAP. Contact the Florida Association of Criminal Defense Lawyers for someone near you.

  6. Shirley Linette Bates

    Contributor Level 4

    5

    Lawyers agree

    Answered . I agree with all the previous answers! You should consult with a local attorney who may be able to file a motion to get these charges dismissed.

  7. Michael Douglas Shafer

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes.

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