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AttorneyTom, Lawyer
Category: Criminal Law
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Experience:  Attorney
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I was arrested on penal code 647 what can I do to defend m

Resolved Question:

I was arrested on penal code 647 what can I do to defend myself
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 4 years ago.
Thank you for the opportunity to answer your question. I am sending this message to you only a few minutes after you submitted your question.
California Penal Code Section 647 is the Disorderly Conduct statute. It covers a variety of different offenses. It is extremely broad.
What did you allegedly do? Does the charge specify the subsection that you allegedly violated?
Thank you.
Customer: replied 4 years ago.
Loitering with the intent to commit an illegal sex act
Expert:  AttorneyTom replied 4 years ago.
Thank you for clarifying. I am sending you this answer only a few minutes after receiving your reply.
California Penal Code Sectino 647(d) applies and it is punishable by up to a year in jail and/or a fine of up to $1,000. The state has the burden to show that you were there and that you were there with the purpose of committing a sex act. If you can show you were there with another purpose (using the restroom, waiting on a friend, etc.), that could be used to defeat the charge. It's not something to take lightly and, really, it's not something you should try to handle yourself, due to the complexity of law, procedure, and developing a defense to criminal charge. Instead, you'll want to retain an attorney. If you cannot afford to retain an attorney, you can ask the court to appoint one for you and it should do so.
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