What are chances of a known sex offender winning an indecent exposure case, when there was exposure during an initimate setting
Asked in Farmington, MI - 9 months
in a woman's apt...she consented to sex until exposure and then decided she did not want to, called police and pressed charges for indecent exposure...after police came with male's background...initially did not want to press charges.
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Auburn Hills Criminal Defense Attorney
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-Attorney Scott Aaronson
877-I-CAN-WIN (free consultations)
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Northville Criminal Defense Attorney
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Normally, a past conviction for a sex offense would not be admissible into evidence, unless the defense opens the door to the evidence by bringing it up as a factor causing the police or complainant to complain against the defendant. Avoiding that would probably be a major goal of the defense.
In some cases testifying is a wise idea for the defendant, in other cases not so wise.
I do not understand how the witness could not want to press charges, but would call the police anyway. If she did not want sex, but did not want to prosecute, why did she just not ask the defendant to leave? If she called the police because the defendant refused to leave, that would be important evidence against the defendant.
You need to consult with an experienced criminal defense attorney. If you have all the discovery (police reports and similar documents) from the case, you can call my office and arrange an appointment for a free consultation. I caution you that it will cost money to hire an attorney to take a case to trial, but that cost might be insignificant next to the costs associated with being convicted of another crime. But, if you have no money, the court will appoint an attorney for you.
Indecent exposure would normally be a misdemeanor, tried in district court. In my experience, the judges of the court in Farmington Hills are fairer than those of many neighboring district courts, which is good if your case is from there. On the other hand, the nearby court in Bloomfield, West Bloomfield and Birmingham, on average, is much less favorable to the accused. Which court and which judge you have will play an important role in the outcome of the case.
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