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I got wrongfully accused of entering the womens' locker gym room and flashing myself.

San Jose, CA |
Filed under: Criminal defense

The algorithm used to accuse me is ridiculous beyond belief. They showed the woman or women a set of 6 photos of my ethnic group and told the woman or women to vote on which photograph best resembled the suspect. The latest school photograph they had was when I was 16 years old in 2006. I am now 23 in 2013. The incident based on the police report occurred at a time interval which I was in class. The professor took attendance on that day and I am trying to get him to testify. I want to press charges because I have been suspended for 15 days. The police also confiscated my backpack for "evidence" and I do not know why. What are my options?

Attorney Answers 6

Posted

Go meet with an Experienced criminal defense attorney as soon as possible. This is not the forum to have a discussion on the specific facts of your case. Some of the potential consequences are very severe including potential registration at the sex offender for life. Take this very seriously

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2 comments

Asker

Posted

Thanks for replying. I have never sued someone nor consulted a lawyer before. Do I just search the AVVO search engine for any criminal defense lawyer with 20+ years of experience and ask them one by one to take on my case or what? I need some tips and thanks once again for replying.

Asker

Posted

I got referred to this website by my friend.

Posted

It sounds like you definitely should consult with an attorney right away.

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3 comments

Asker

Posted

So if I want to counter-sue, do I need a prosecutor and a criminal defense lawyer? So do I need 2 lawyers total?

Benjamin Alika Okin

Benjamin Alika Okin

Posted

You need a civil lawyer to file the lawsuit.

Asker

Posted

I heard most criminal defense lawyers almost never take a case best on contingency, but what if I have an "obvious" frivolous case in my favor? Will a lawyer take a case on contingency for me? I mean suspending someone with no evidence seems ridiculous to me.

Posted

Hire an experienced criminal defense attorney as soon as possible. You do not want an indecent exposure charge on your record.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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9 comments

Asker

Posted

My current situation is that I am poor and that I would most likely need to hire a lawyer based on contingency, but I heard most criminal defense lawyers don't want to do contingency. If I provide "obvious" evidence such as me being in a class at that time, would a lawyer want to work on contingency with me? It sounds like an easy case to win if I have solid evidence that I was in class at that time because the professor took role.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

You would be eligible to apply for a public defender. That is what they are there for. I do not know of any state that allows an attorney to take on a criminal case on a contingency basis. It is unethical and a violation of the professional rules of conduct. Contingency fees are for when you sue an insurance company and expect a recovery. There is no financial recovery in a criminal case. The judge should have offered you the option of a public defender numerous times by now.

Asker

Posted

I see. Thanks. What if I can get the indecent exposure charge removed via evidence from my professor testifying that I was in class at that time without a lawyer? Then I get a separate lawyer suing for money settlement? That should be for contingency since like you said, I will be receiving (or at least expecting to receive) settlement money which is for financial recovery (for wrongful accusation), right?

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

True

Asker

Posted

Thanks. What type of lawyer would I need to get this settlement? Is this considered a civil lawsuit where I sue for a settlement?

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Civil rights violation lawsuit

Asker

Posted

Thanks but what is the type of lawyer I would need? Would the lawyer needed be called a "civil rights lawyer" or what?

John M. Kaman

John M. Kaman

Posted

Any lawyer dumb enough to believe that there will be a financial recovery under these circumstances will do.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Mr. Kaman is correct.

Posted

Your option is to get good counsel before the good ideas you have for your defense disappear into the mist.

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Posted

Responding to your comments to my colleagues' answers concerning your case being an easy one to win:

So you were in class when the prof called roll.  So what?  How many students in the class? How large is the room / teaching theatre?Assigned seating?  Who sits around you?  Where do you sit?  When and how is roll taken?  Did prof see you or just hear you say you were present? Prof faced students every moment? Obvious if you were to leave mid-class? How long is the class? What's the distance between the class and locker room? Time to get to / from the locker room? Etc ...

Don't answer these questions here. My point is that you have investigators who think you did it and will find a way. Prosecutors will do the same. 
You have a potential line-up issues.  You don't have time to earn a juris doctorate, pass the bar exam, and gain the experience necessary to attack that.  Stop planning your own defense (and posting it!!!) and get a lawyer, whether hired or public defender.

Paul Kendall 713-858-1519 Attorney Paul Kendall's answer to this question is for information purposes only. The answer is not legal advice and does not create an attorney-client relationship between Paul Kendall and the person who asked the question or anyone reading the answer. Paul Kendall offers initial consultations at no charge.

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Posted

You need to hire an attorney asap. Do not attempt to handle any aspect of this case yourself. Do not talk to anyone about this incident except an attorney. Do not talk to law enforcement, friends, enemies, colleagues, nobody - except an attorney. Good luck.

For a Free Consultation Call: 408.516.4645

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