Legal Question in Criminal Law in California

A friend was falsely accused of masturbating while in his car alone near a park that was a routine workout location.He had ankle leg problems from past injury and was constantly elevating the leg putting the foot on the dash which could look a bit strange but not sexual. All I can imagine is that someone hallucinate or he made an enemy along the line. But a few hours following a policeman banged on his door and without giving him the benefit of the doubt or asking him if this event took place he was handcuffed in front of his wife and kid while the police officer made an remark that he could be a rapist.as he was taken to jail. This man is being falsely accused I'd bet my life on it and I am 100% sure. So he has gone in to the first hearing and the witness did not show and there was a reschedule. How long can the courts continue to prolong humiliation of being falsely accused before having to dismiss and be removed from all records?


Asked on 12/31/10, 1:18 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

This is a serious matter that needs careful legal analysis. He is apparently charged with Penal Code 314, indecent exposure. If he's convicted, he would have to register as a sex offender for the rest of his life, and his picture could appear on the Megan's Law website.

Usually the witnesses do not have to appear at the first court date, called an arraignment, where the defendant is informed about the charges against him. The entire court process can take a couple of months, or longer, and require multiple court appearances.

Your friend should have a lawyer -- whether it's a public defender or someone he hired himself -- who is in a better position to answer questions about the legal process in his particular case.

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Answered on 1/05/11, 10:28 pm


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