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

San Jose, CA |

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


  1. 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


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


  3. 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.


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


  5. 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.


  6. 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