Legal Question in Criminal Law in California

My 18 yr. old son was arrested and charged with 314.1 PC. My son's car was overheating and he drove into a shopping center parking lot, so his car could cool off, and then refill the radiator with fluid. He was in his car changing his clothes, he had a earlier accident in his pants, at a store parking lot he was putting on a new pair of shorts, a woman in her car next to my son's car noticed him putting on his shorts and said it looked like he was masterbating and dialed 911. This was 2:30 in the afternoon. Soon a policeman arrived, talked to the woman and then talked to my son, the cop wasnt buying my son's excuse for changing his clothes in the parking lot and arrested him. I have since found out that the DA is filing charges to process his case. This is all a simple misunderstanding between what the woman claimed she saw and what my son was doing there. Any help here ?


Asked on 9/24/10, 4:08 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

A conviction for California Penal Code 314(1), indecent exposure, will force your son to register as a sex offender.

This isn't some do-it-yourself project, like fixing a leaky faucet, that you are going to solve with a little advice over the Internet.

Lawguru works well for a quick answer to a specific question, but it's impossible to give you any kind of meaningful advice in this situation without a complete review of all the evidence.

Your son needs a lawyer. If you can't afford to hire one, the judge will appoint one when he goes to court. In the meantime, neither of you should discuss this matter with anyone except his attorney.

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Answered on 9/29/10, 7:55 am
Terry A. Nelson Nelson & Lawless

No amount of free 'tips and hints' from here or anywhere else are going to help him in his defense, other than the advice, now too late for him to take, to exercise his 5th Amendment right to SHUT UP and do not talk to anyone except his attorney about the case.

What can he do? Defend the charges. Go to court, enter a not guilty plea if appropriate, arrange bail or OR, set up and attend the court hearing[s] and trial date[s], file motions to suppress evidence and confessions as may be applicable, go to trial if it can't be resolved with a plea bargain. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. There is no magic wand to wave and make it all disappear. If he doesn't know how to do these things, then hire an attorney that does, who can try to get a decent plea bargain to avoid jail/prison, registration as a sex offender. If serious about doing so, feel free to contact me.

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Answered on 9/29/10, 12:16 pm


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