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Category Archives: 31 Indecent Exposure Reduced

2 COUNTS PUBLIC SEXUAL INDECENCY and 2 COUNTS INDECENT EXPOSURE REDUCED to MISDEMEANOR DISORDERLY CONDUCT at JURY TRIAL AFTER EVIDENTIARY HEARING RE: CORPUS DELICTI RESULTED in SUPPRESSING DEFENDANT’S STATEMENTS– Stave v. Mr. J (DMC No. 9696) (Mesa City Court No. 2009-069324): Mr. J was accused by two young children of driving around the neighborhood and exposing himself while engaging in masturbatory conduct. He was subsequently arrested on two counts of Public Sexual Indecency and two counts of Indecent Exposure. At trial, we were able to show at a Motion in Limine hearing that any alleged statements gather by Mr. J were improperly coerced by police. We are also show that they are no actual evidence he committed a crime without these statements. The judge agreed and suppressed all statements. Because of that development, the Prosecutor would most likely not win at jury trial, and therefore offered a plead to a single count of misdemeanor Disorderly Conduct (not for a sexual purpose).

 

NOT CHARGED/REDUCED | SEXUAL CONDUCT with a MINOR (DCAC) NOT CHARGED/2 COUNTS FELONY INDECENT EXPOSURE REDUCED to MISDEMEANOR INDECENT EXPOSURE with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 9573) (Pinal County Attorney’s Office CR2009-01500): Mr. S. was a widower who worked at Home Depot with a friend whose daughter and grandkids needed a place to stay. He brought them in and let them stay for free and helped out with her children out of the kindness of his heart. The mother was a drug abuser who began to steal from Mr. S. When she was confronted, she then had her two children (ages 7 and 8) make various allegations against Mr. S. We became involved with Detectives and provided them with a copy of a polygraph in which Mr. S. passed with flying colors. Because of this, no charges were brought against Mr. S. for Sexual Misconduct with a Minor, Dangerous Crimes Against Children (DCAC) per Arizona Revised Statue 13-1405. However, charges were brought against him for Indecent Exposure under ARS 13-1402 to the two children because he had admitted to Detectives that while changing the kids would come into his room and had seen him naked.

During the pendency of Mr. S.’s case, we presented evidence that this was incidental and not done on purpose or for a sexual purpose. However, Mr. S. had admitted to Detectives that he could have been more careful, and he could have covered up quicker than he had. Therefore, we secured an offer to a simple Misdemeanor with Probation, no jail and Mr. S. did not have to register as a Sex Offender. The original allegations exposed Mr. S. to potentially the rest of his life in prison.

REDUCED | FELONY INDECENT EXPOSURE State v. Mr. H. (DMC No. 7619) (Glendale City Court CR2003-021737):REDUCED to MISDEMEANOR URINATING in PUBLIC – Mr. H. was seen outside a local McDonald’s by a woman and her small children while he was urinating in the bushes.  It was alleged that he was doing this on purpose so that he could expose himself.  We were able to convince the Maricopa County Attorney’s Office that this was not the case, and that he was merely attempting to relieve himself and thought that nobody was around.  We were able to show them that he merely became startled when he heard the alleged victim and he turned to face her.  He ultimately received a misdemeanor ticket with only a fine and zero days in jail.

REDUCED | INDECENT EXPOSURE REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. O. (DMC No. 5706) (Superior/Kearny Justice Court CR2005-0129): Mr. O. had been riding his motorcycle with his brother and a group of friends.  At a local rest stop, he pulled his pants in order to “moon” his brother.  Other families were nearby with small children, the police were called.  We were able to have the case amended down to a simple disorderly conduct (non sexual in nature) with a mere $150+ fine and zero days in jail.  There is no sex offense conviction on Mr. O.’s record.

REDUCED | INDECENT EXPOSURE REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. O. (DMC No. 5404 ) (Cave Creek City Court CR2005-0006): Mr. O. had a female worker come out from the local gas company to work on his house.  They had a few drinks together and they had friendly conversation while she was working inside his house.  He went to shower, and exposed himself while walking down the hallway.  The police were then called, and he was cited for indecent exposure.  We were able to have the charge reduced to a disorderly conduct (a non-sexual crime), which involved zero days jail.  Mr. O. has no sex crime conviction on his record.

REDUCED | 5 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/CHILD MOLEST/INDECENT EXPOSURE REDUCED to “attempt” with probation and 90 days jail – State v. Mr. D. (DMC No. 10552) (Maricopa County Superior Court CR2011-122501): Mr. D. was accused of having sexual conduct with his step-sister since she was as young as 8 years old.  The police conducted a “confrontation call”, in which he made many admissions while speaking with his sister as the call was recorded by police.  He was subsequently questioned and made some admissions, at which point he was arrested and held “non-bondable”.  We were able to present evidence of the victim’s prior mental illness history, along with various discrepancies in her timeline, and we secured an offer to “attempted molestation”, probation with 90 days of jail.  Originally Mr. D. was facing a minimum of 75 years in prison.

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