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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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my husband was charged for misdeamenor for disorderly conduct.

Resolved Question:

my husband was charged for misdeamenor for disorderly conduct. He accidentally left a webcamera at a public toilet in the hopital. Tomorrow is his court date and i am so nervous about it...how serious can it be when it comes to this kinds of cases?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 4 years ago.
Hi. Do you have the exact Penal Code Section that your husband was charged with violating? Disorderly conduct is not actually a specific crime, but a broad umbrella of crimes.

Thanks.
Customer: replied 4 years ago.
not really i don't have it... and should i get a lawyer? but they say to bail him out would cost $25,000. I want to know in this scenario how long usually would they put someone in jail?
Customer: replied 4 years ago.
i think penal code is 647D or 647k1.
Customer: replied 4 years ago.
tomorrrow is his court date. Should i call a lawyer to represent him or just have him explain himself to the judge? What do i need to be aware of in the court during the process?
Expert:  TJ, Esq. replied 4 years ago.
Okay, it's probably actually 647(j)(1), which states:

(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, or camcorder, the interior of a bedroom, bathroom,
changing room, fitting room, dressing room, or tanning booth, or the
interior of any other area in which the occupant has a reasonable
expectation of privacy, with the intent to invade the privacy of a
person or persons inside. This subdivision shall not apply to those
areas of a private business used to count currency or other
negotiable instruments.

If it is your husband's first offense, then he'll likely get probation and may be required to see a counselor.

647.7. (a) In any case in which a person is convicted of violating
subdivision (i) or (k) of Section 647, the court may require
counseling as a condition of probation. Any defendant so ordered to
be placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.

If your husband has done this more than once, then the penalty is stiffer: Imprisonment up to a year, and a fine up to $1000.

Should he have an attorney? Absolutely! He should have retained an attorney immediately upon being charged.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 4 years ago.
How can we get an attorney at this late night and the court is tomorrow?
Expert:  TJ, Esq. replied 4 years ago.
You'll have to call around, or attempt to hire an attorney at the courthouse itself (there are generally plenty of attorneys wondering around). I can't really help you there. If you can't find one, then your husband should probably at least ask the judge to continue the proceedings so that an attorney can be retained. He may or may not grant the request.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 4 years ago.
How much do they cost? and do we have to reschedue the court date if ever?
Expert:  TJ, Esq. replied 4 years ago.
A lawyer could cost anywhere from a few hundred dollars to several thousand depending on what exactly the lawyer must do, and how the lawyer charges you (i.e. hourly or a flat fee). Because of those unknown factors, I can't even offer an intelligent guess, except that I doubt it'll be as low a $200, and I doubt it'll be as high as $10,000. But could it be $800? Sure. Could it be $5000? Sure. It just depends on the circumstances.

If the judge continues the case, then you'll be notified of a new trial date.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 4 years ago.
When you say probation...does he have to do a community service and etc.? or he's just under probation and nothing to do except be law abiding citizen? Also do we have to pay fines in case?
Expert:  TJ, Esq. replied 4 years ago.
The punishment could include community service, a fine, and the counseling mentioned earlier. The judge also has the option of imposing jail for a maximum of 6 months. Based on the facts that you shared, that is probably unlikely if it's a first offense. I would expect probation, community service, and possibly some kind of fine.


DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 10011
Experience: JD, MBA
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JD, MBA