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Articles Posted in Indecent Exposure and Aggravated Indecent Exposure

The most important concern of anyone facing a Michigan criminal or DUI charge is “what’s going to happen to me?” Whatever that is, it happens at sentencing. At sentencing, the Judge decides what to do to a person who has been convicted of or pled guilty to a misdemeanor or felony offense. In a very real way, it’s the day of reckoning, or the day a person will “face the music,” so to speak. For many, the biggest part of this is finding out if they’re going to jail or not. As we’ll see, however, that concern is rather misplaced.

slide-10-300x247The sentencing is a legal proceeding. It’s when a person’s sentence gets imposed. The “sentence” is a court order specifying the things a person must do, can do, and is forbidden from doing. For example, a person sentenced for a 1st offense DUI may be put on probation, required to complete some classes, be allowed to leave the state only for work purposes and/or a scheduled vacation, but also be forbidden from consuming alcohol during probation, and required to test to ensure compliance.

It’s very important to understand that a sentencing doesn’t happen in a vacuum. The lawyer for the person being sentenced can (and should) play a huge role in how things turn out; we’ll look at that later. For now, what matters is that the sentencing is where the Judge orders what will happen to a person. Circling back to our DUI example, I often point out that success in a DUI case is best measured by what does NOT happen to the person facing the charge

As Michigan criminal and DUI lawyers, we spend a lot of time in court. Or at least we used to: that changed with the Coronavirus, and courts have been largely shut down since. As of this writing, Michigan courts are adapting their way to being able to handle regular criminal matters again. In the weeks following the state’s shutdown, only “emergency” matters, meaning things like arraignments, bond (bail) issues, and certain probation violation matters, were being heard. That’s about to change.

Picture1-300x212We really don’t know when things will fully get back to normal, or, for that matter, what that new “normal” will look like. We do know, however, that the way cases are handled is going to be different after this, both in the long and short-term. Even walking into court is going to give some people pause as soon as they approach a door handle and have to touch it, or, once inside, have to use a “public” pen to sign a document.

As lawyers who do a lot of our work in courtrooms, a regular part of our jobs involves turning and whispering instructions or otherwise explaining things to our clients, while standing before a Judge. How is that going to play out when cases are heard live again? Of course, the bigger question is, when will cases ever be heard live again? The immediate plan is to use as videoconferencing as possible, but may very well lead to some permanent changes, as well.

For all the things we do as Michigan criminal, DUI and driver’s license restoration lawyers, our practice, like the practice of any good lawyer or law firm, is every bit as much defined by the kinds of cases we don’t handle as those we do. There’s an old saying that “you can’t be all things to all people,” but too often, this is ignored, especially by attorneys who offer a range of services that is simply too broad.

tumblr_ly5jviSHY71r0lzjao1_400-300x230This applies to general field of “criminal law,” as well, with some “criminal lawyers” offering to handle every kind of charge, from driving with a suspended license (DWLS) cases, to rape and murder charges, all the way to post-conviction appeals. In the real world, the best lawyer to handle the appeal of a murder conviction is almost certainly not the best lawyer to have tried the underlying murder case itself, and he or she, in turn, wold be the wrong person to hire for a DUI case.

Better lawyers limit what they do in order to be excellent at a few things, rather than mediocre at many. This is exactly why construction companies use carpenters, electricians, and plumbers on their jobs, rather hiring a few “jack-of-all trades” handyman types to do the same work. Likewise, even though they’re both “surgeons,” it’s an orthopedic surgeon, rather than a cardiac surgeon, that does hip replacements.

In part 1 of this article, we began an examination of indecent exposure and aggravated indecent exposure cases in Michigan, noting that there has been an increase in aggravated (felony), over simple (misdemeanor) indecent exposure charges. After comparing the 2 IE offenses, we saw how both jail and sex offender registration was highly unlikely, and that most of the time, a guy will pick up one of these charges because he’s blowing off some steam, rather than because of some underlying “problem.” Here, in part 2, we’ll begin by looking at situations where there actually is some kind of issue to be addressed.

ert-300x240Although most IE cases DO NOT arise because of some kind of mental health issue, there are times when it can be a symptom of either an existing or potential problem, and it falls to the courts to figure out if that is or isn’t the case, and, if so, to take the appropriate remedial action. In that regard, the 2 of the biggest risks for problems are that the person is inclined toward exhibitionism, or worse yet, does suffer from some kind of sexual deviancy problem, and needs help.

If a guy has exhibitionist tendencies, then he (or she, but it’s almost always a “he”) needs to get that under control so as not to reoffend. As much as the exhibitionist may enjoy flashing, most of those who are flashed consider themselves victimized, and don’t enjoy the experience. It’s one thing for a guy to join a nudist colony, where nobody is offended by letting it all hang out, but it’s another to corner some young mom with kids in a quiet aisle at Target and freak her out by shaking his penis at her (and yes, we had a case just like that).

My team and I handle a lot of indecent and aggravated indecent exposure cases. For the last decade, more of these cases have been brought as the felony offense of aggravated indecent exposure, while the number the misdemeanor (simple) indecent exposure charges has simultaneously decreased. Also, and in the spirit of accuracy, it’s almost always men facing indecent exposure or aggravated indecent exposure charges (from here on, I will often refer to either or both as “IE”.) In this 2-part article, we’ll take a look at both offenses, and see how these cases work out in the real world.

Desp-300x240The very fact that we see less simple indecent exposure charges and more of the aggravated variety makes a good starting point. Just as about everything goes up in price over time, it seems that criminal laws always get tougher. Criminal offenses are easy targets for politicians, because there is never any partisan divide over wanting to protect the public by cracking down on drunk drivers, flashers, or the like. Being tough on crime looks good on anyone’s resume, and nobody wants to be seen as “soft.”

The key difference between the 2 IE offenses is that simple indecent exposure is a misdemeanor offense that carries a maximum penalty of up to 1 year in jail, whereas aggravated indecent exposure is felony carrying a maximum term of 2 years in prison. Before anyone starts freaking out, however, let me be clear: my team and I have handled countless IE cases, and we have NEVER had a client go to jail or prison as a result of being convicted of either one of them. This sounds a lot worse than it is.

It’s a good thing to be a novice when it comes to facing criminal charges. As very experienced criminal lawyers, my team and I are lucky to spend most of our time with clients who are relatively inexperienced with the criminal justice system. A good person who finds themselves in a bad situation will do well with a lawyer who understands that all of this is new to him or her, and who can make things understandable for what is hoped will be a one-time (or last) trip through the criminal court process.

1_3TBatnV_zBfnXh5MzlcN4g-300x210Although we do handle a lot of 2nd and 3rd offense DUI cases, and even though they’ve been through the system before, those clients aren’t any kind of “criminals” in any real sense of the word. My team and I specifically concentrate our practice on the kinds of charges that don’t attract career criminals. DUI drivers may be facing a criminal charge, but repeat offenses in this field are much more about a troubled relationship to alcohol than anything else. Thus, even for people who have prior DUI convictions, the whole experience of getting arrested again for a subsequent DUI is unnerving, and still seems like a whole “new” experience.

It is, of course, normal for someone who suddenly finds him or herself having to hire a defense lawyer to have every intention to make the whole thing a one-shot deal. This is similar to needing a root canal, where a person is glad to find professional help, but hopes to never need the person’s services again. We get that a lot, and that’s a good thing. People with no, or relatively minor prior criminal records will usually fare better. Who you are (and who you are not) as a person matters in criminal and DUI cases, and the lawyer’s job is to use that to your fullest advantage

In a number of previous articles on this blog, I have tried to explain the impact of location on how things play out in DUI cases. In this piece, I want to expand the scope of that a bit, and make clear that, beyond OWI matters, the location of the court has an effect on all the types of cases I handle, including DWLS and DWLR (suspended and revoked license), indecent exposure, drug possession and embezzlement charges. For purposes of the discussion that follows, “location” should be interpreted to mean the location of the court where the case will be handled, and not merely the specific city in which the charge arose, although that plays a role, as well.

download-6There really is no way to over-emphasize the importance of location. No matter what the charge, if one of my team, or anybody else, for that matter, starts talking to me about a criminal or DUI case, the very first thing I ask is “where?” I know, for example, that a suspended license charge pending in the 52-3 Rochester Hills District Court is going to play out much differently than if was brought in the 41-A Shelby District Court, and that a DUI in Woodhaven’s 33rd District Court won’t be much like one pending in the 44th District Court in Royal Oak.

A criminal or DUI case is, for the most part, an accident of geography, because no one really goes out intending to get arrested. It would be absurd (but probably helpful) for a lawyer like me to publish a list of the best places for certain charges. I can already imagine how I’d break down something like that: if you’re going to drive drunk, avoid these places; if you’re going to drive without a license, these are the best places to get caught, etc.

In part 1 of this article, we began our examination of what makes a felony different than a misdemeanor in Michigan. We saw that one key distinction is the maximum possible penalty that can be imposed, and that a misdemeanor can never be punishable by more than 1 year in jail, whereas a felony carries a potential prison sentence of any number of years. We then distinguished jail, where a person can be housed for no more than 1 year, from prison, where a person will usually remain for at least a year and a day. We then began to explore the differences between how a felony and misdemeanor charges are handled, at least at the early stages, in court. We saw how a felony charge is “tested” in the district court at the preliminary examination stage. We’ll pick up there:

preview-full-blog-post-8-16ac-01-2-300x166At a preliminary exam, the prosecutor will call some witnesses. This usually includes the arresting and/or investigating police officer, a victim, if there was one, and maybe a key eyewitness. Not everyone needs to testify at this phase of the case. Remember, this isn’t a trial, and the prosecutor doesn’t have to prove anything like guilt beyond a reasonable doubt, but merely that there is a debatable question of fact that the defendant committed the charged crime. In that sense, “he-said, she-said” is more than good enough for a case to survive the probable cause test at this stage.

Another way to think about this is that all the prosecutor has to do, really, is show the Judge that the case against someone is not BS. In other words, unless the district Judge would feel comfortable saying something like, “this charge is baloney,” then the case will be allowed to continue to the circuit court. On the other hand, if the Judge can say something like he or she finds no evidence that a crime was committed or a law was broken (this rarely happens), or, that he or she cannot find that there is at least an open question that the person charged with the crime did, in fact do it, then the matter will be dismissed.

As Michigan criminal and DUI lawyers, my team and I deal with both misdemeanor and felony charges every day. Often enough, we’ll be asked by a client to explain the real difference between the 2 kinds of offenses. This happens a lot when the charge my client is facing is one that can be brought as either a felony or a misdemeanor, like DUI’s, embezzlement, indecent exposure offenses, as well as certain drug crimes. In this 2-part article, I will examine and provide an overview of what differentiates a felony from a misdemeanor charge.

apples-oranges-hero-188x300The one thing that most people know right out of the gate is that a felony is more serious than a misdemeanor. Few things in the law are absolute, but the idea that facing a misdemeanor is always “better” than facing a felony is one of them. Of course, the flip side is that facing a felony is always “worse,” and usually more expensive.

In Michigan, the biggest difference between a felony and a misdemeanor is the maximum amount of time a person can be incarcerated. By law, a person cannot be locked up longer than 1 year for a misdemeanor. To be sure, a person can be convicted of a felony and not be required to serve any time at all, or, he or she can be sentenced to less than a year in jail, but in no case can a misdemeanor conviction result in a sentence of greater than one year in the county jail.

If you are facing an indecent exposure, or aggravated indecent exposure case, then you already realize that it’s an uncomfortable situation. If you’re looking for information online, you will quickly run into fear-based marketing tactics from lawyers and reactionary comments from the public. In this article, I want to make clear that no matter how awful you “feel” right now, things are almost certainly not as bad as you probably think, and the best thing you can do is stop freaking out, take a few breaths, and slow down enough to learn that you can get past this whole situation rather painlessly, and often with little or no damage to you or your record.

natural-help-male-infertility-800x600-300x269Let’s quickly separate and explain the 2 indecent exposure (IE) charges: For starters, there’s the plain old “indecent exposure,” meaning a person’s genitals were exposed. This is a misdemeanor charge, and it can be brought for any kind exposure of the genitals, whether outright “flashing,” or even if a guy gets caught urinating. Next, there is “aggravated indecent exposure,” where a person was observed fondling his or her genitals. “Fondling” does not necessarily mean (although it can include) actual masturbation. Thus, any rubbing of the genitals is enough. Aggravated indecent exposure is a felony, but a special kind of “light” (meaning lenient) felony, often called a “high court misdemeanor.” To be perfectly clear about it, although the term “high court misdemeanor” may sound better, it is still a felony.

It’s not uncommon for someone facing an IE charge to panic when they hear the word “felony,” but the good news is that here, that reaction is mostly unfounded. Sure, an aggravated indecent exposure charge is in some ways, “worse” than plain old indecent exposure, but that has more to do with procedure and, yes, money. A felony can involve way more court appearances and legal work than a misdemeanor. Even so, at the end of the day, most aggravated indecent exposure cases can be wrapped up rather simply, and without a lot of negative consequences (like jail). There are, however, certain important potential issues that must be addressed in both indecent or aggravated indecent exposure cases to make things go more smoothly. Let’s look at them…

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