Legal Question in Criminal Law in Mississippi

Here's an interesting one: I was just issued an indecent exposure citation along with my �lover� for "fornicating" in a car in the middle of the night. The cop pulled up (without flashing lights) and we didn't assume it was a cop so we attempted to drive off. As soon as the blue lights came on I pulled around the building where (in my mind) it was more lit. The officer assumed I knew he was a cop the whole time and took it personally that I made him "chase" us in the car an extra 30 yards so he issued us an indecent exposure citation. However, when I asked if him if it was a misdemeanor, or if it would show on our record, or if we needed to appear in court he answered "no" to all and had us sign the paper. Needless to say, after calling the number he said I could contact to settle the claim outside of court they informed me that it�s a mandatory court appearance and it would be $530. I have only been arrested once before in college for fighting but was able to defer that charge (in a different state), my "friend" has never had any prior charges. So here are my questions: Since neither of us has a prior criminal history (especially in this state) is it realistic to think that we can get off from this charge? Should we plead guilty/not-guilty? What�s a realistic outcome of this? Should I bring up the false information that was given by the cop during my pleading? I�m getting mixed answers about expungement; can I get this expunged since it�s technically my first offense in this state? And finally, to further complicate things, this �friend� and myself have relationships outside of each other (not married/reason for the car) :/ so is it possible to handle any of this quietly?


Asked on 7/13/10, 12:52 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

These offenses may be "beatable" since there was no "public display" of indecent means. Further, the arrest may have been illegal in the first place due to the absence of any other violation (i.e., weaving which led to the traffic stop, etc.) Finally, there would be question of whether or not this is "public" exposure in a motor vehicle. Further, it would be an event which would certainly lend itself to being non-adjudicated (i.e., like the previous deferred prosecution you probably had) or even expunged if we do not obtain a Not Guilty verdict outright.

I would consult the local internet for someone who does criminal work in the Municipal-Justice Courts on a regular basis and consult with them about your rights and possible alternate resolution of this charge against both of you. Certainly this could be handled "quietly" unless the press got wind of the charge which is unlikely. In the past I have in some cases been able to quash the tendency of the reporter to report on like events.

Wayne Woodall, Gulfport

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Answered on 7/14/10, 10:39 am


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