Michigan Criminal Defense Lawyer Blog

Indecent Exposure charges are very different from other Criminal charges on almost every level. Many Indecent Exposure charges are brought only after the Suspect has been contacted by the Police after a license plate number that was provided has been checked. In contrast to Drunk Driving or Drug Possession cases, which almost always begin with the Police observing or otherwise discovering the person doing the very thing with which they are charged (i.e., driving drunk, or possessing illegal drugs), many Indecent Exposure cases require a little preliminary Police investigation.

That said, a significant number of Indecent Exposure cases come about as the result of the Police stumbling upon a person in a compromising position, as well. There is a decent chance that if you're reading this, you've just had some firsthand experience with one of these two scenarios.

I know how nervous and scared a person feels in this situation. I've handled more of these cases than I can count. In every one of them, that volatile emotional mix included a strong dose of embarrassment, as well. Thus, when I speak of a person needing some "protection," I mean that, beyond someone to just look out for their Legal well-being, they need someone who can understand the emotional stress and fear they're experiencing. That's where I come in.

I not only understand how a person facing either a simple Indecent Exposure charge, or the more serious Aggravated Indecent Exposure charge feels, but I know that, very often, there is some other source of stress in the person's life that led to the incident. You'd be surprised at the kind and status of the people who wind up facing one of these charges. In fact, quite unlike what someone on the outside might at first imagine, many of the people who wind up facing some kind of Indecent Exposure charge are "above average" or of a distinctly "higher level." I've Represented every level of person in this situation, from the proverbial "average guy" to men with advanced graduate degrees.

In almost every case, a person's top two concerns are their Record, and staying out of Jail. One could sarcastically say that if you're facing an Indecent Exposure conviction, you should have thought about that beforehand. Yet whatever incident brings on such considerations, and aside from whatever did or did not happen, protecting your Record is a huge priority.

Of course staying out of Jail is important, as well as avoiding a term of difficult Probation. Keeping you out of Jail is rather easy for me, and that sometimes comes as both a relief and a surprise to my Clients. In fact, I've never had a single Client of mine go to Jail in an Indecent Exposure case, and I've handled more of them than I can honestly count. The whole point of hiring a Lawyer like me is to make the outcome of the case, meaning what will actually happen to you, better.

Continue reading "Indecent Exposure in Michigan - Stay out of Jail and save your Record" »

It's been a while since I last wrote about Indecent Exposure charges, and in that time I have noticed that there has been a significant change, or shift, in how these cases are brought, and exactly what Offense is being charged. Recently, I've dealt with several cases where my Client has, somewhat mistakenly, thought they were facing a simple Misdemeanor charge.

An astute reader will, at this point, ask, "what do you mean, somewhat mistakenly? Either your Client is right, or he's mistaken."

I have chosen my words carefully. I mean somewhat mistakenly. Read on...

Until a few years ago, the only "Indecent Exposure" crime that existed in Michigan was simple Indecent Exposure, which is a Misdemeanor punishable by up to a year in Jail, but no more than that. And to be clear, in practice, Jail in any Indecent Exposure case can be completely avoided if things are handled properly. In fact, as a Lawyer who rather routinely handles Indecent Exposure cases in the Metro-Detroit area, I am usually able to entirely keep the whole charge off of my Client's Record, meaning the whole incident just "goes away," much less keep the Client from getting locked up.

Then, several years back, the Legislature amended the Law, and added a new charge called "Aggravated Indecent Exposure." This new addition to the Law upped the penalties in cases where, beyond just exposing himself or herself, a person was seen fondling his or her private parts.

At first, even in those cases where there was fondling, many, if not most Police agencies just reverted to bringing the charge as regular old "Indecent Exposure."

More recently, however, the tables have turned, and I see more and more cases being brought as "Aggravated Indecent Exposure." In fact, it has been a while since I've seen a garden-variety simple Indecent Exposure. Instead, almost all the cases I've handled in the last several months have been "Aggravated Indecent Exposure" charges, which are Felony Offenses.

Continue reading "Aggravated Indecent Exposure in MIchigan is NOT a Misdemeanor" »

In recent months, I have seen a noticeable increase in the number of Indecent Exposure cases coming into my Practice. Fair warning here: this article is going to use some terms that are not be suitable for children as we take a look at a couple of common themes involved in many of these cases.

In my 20-plus years of handling cases like this, I have come to fully understand how embarrassing, humiliating and frightening this kind of charge is to the person facing it. Likewise, I'm keenly aware that it is important for me to ease my Clients' mind and help them move past those feelings, as we begin to develop a strategy to handle the case, and make things better.

There are really 2 charges that fall under the umbrella of Indecent Exposure:

The first, and most common, is a Misdemeanor simply called "Indecent Exposure" which carries a maximum penalty of up to 93 days in Jail. It is sometimes linked or written as "Disorderly Person/Indecent Exposure."

The second, and more serious charge is technically called "Aggravated Indecent Exposure." This is a Felony charge that carries a maximum penalty of up to 2 years in prison. Felony cases are ultimately handled in the Circuit Court for whatever County in which the case is brought.

The difference between these 2 charges is that Aggravated Indecent Exposure involves fondling of the genitalia. Interestingly, a significant percentage of cases involving such fondling are still brought as regular, Misdemeanor Indecent Exposure charges. To date none of my Clients have been upset about that decision....

The vast majority of Indecent Exposure cases involve a man being charged. Of the hundreds of such cases I have handled, I've only seen one or two involving women.

And while there are plenty of cases where some guy gets caught urinating behind a dumpster, or in an alley, quite a few Indecent Exposure cases involve masturbation. This really splits into 1 of 2 things:

Continue reading "Indecent Exposure Charges in Michigan " »

Okay, I had to have a little fun with the title of this article, but the reality is that, for anyone facing this charge, it's really no laughing matter. Indecent Exposure cases are relatively common, and in my practice as a Criminal Defense Lawyer, come up regularly, if not necessarily frequently. In other words, I get my fair share.

Indecent Exposure is a Misdemeanor, but recent changes in the law have created a new kind of Indecent Exposure charge called "Aggravated Indecent Exposure," which is kind of hybrid crime called a "High Court Misdemeanor ." There is a very small class of Crimes called "High Court Misdemeanors" which are handled and prosecuted as Felonies, even though they are specifically called Misdemeanors in the Law.

When I say "handled and prosecuted as Felonies" I mean that, unlike typical Misdemeanor cases, which are and must be handled in the local, District Court, these cases start, like all Felonies, in the District Court, but must be finalized in the County's Circuit Court.

Unlike some Laws, which are complex and difficult, even for a Lawyer, to understand, the Indecent Exposure Law is straightforward and clear, and anyone reading it can understand it. Accordingly, there is no need for me to elaborate on the difference between the basic Misdemeanor and the Aggravated, High-Court Misdemeanor, beyond pointing out that what makes an Indecent Exposure Charge "Aggravated" is that the person charged was somehow "fondling" themselves.

The majority of Indecent Exposure charges involve having some private part exposed. While the name of the Crime itself can sound kind of "trench coat-flasher" creepy, many people are surprised to learn that merely urinating behind a building is an act of Indecent Exposure. Of course, for those who have been caught while relieving themselves, the whole notion of being charged with a sex crime is even more distasteful. It's probably true that most people would think of the terms "indecent exposure" as a "sex crime" when it involves something like "flashing." Despite what anyone thinks, and indeed, what anyone intended to do, or not to do, merely having certain private body parts exposed is enough to be charged with indecent exposure. No flashing, and no "audience" are necessary. As long as someone could possibly come upon and see a person who has some private part exposed, then having such a part exposed is Indecent Exposure.

Continue reading "Indecent Exposure in Michigan - "Uncovering" the Truth" »