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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23600
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was making out with a girl, a cop saw us and though we were

Customer Question

I was making out with a girl, a cop saw us and though we were having sex. We weren't having sex at all
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: I was on the driver's sit and she was on top of me. We were just making out, and my penis was out. It was never inside. The cop did see my penis.
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: Nope, there wasn't any drugs or alcohol involved. The cop just gave us a citation for court for public indicency. Although there wasn't anyone around bebides me and her.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.
Hello, What is your question with regard to this incident? In what US state did this happen?
Customer: replied 7 months ago.
Hi, my question is how can I dismiss the charge. And it's Colorado.
Expert:  Zoey_ JD replied 7 months ago.
Thanks for the reply. You're likely going to have to fight this case or negotiate a deal. Being in a car is considered being in public, and by your own admission, your genitalia was exposed. It's not true that nobody was around. The police certainly were. The public indecency statute of your state does not require that you actually be caught in the act of having sexual intercourse. There are multiple subsections of the statute, each one of them describing a different alternative that could result in an arrest. Fortunately, public indecency in Colorado is a petty offense. It carries a maximum possible sentence of 6 months in jail but it is NOT considered a sex crime, unlike indecent exposure which is similar but more serious and which, upon conviction, could require you to register as a sex offender. Jail would be entirely unlikely, however, even though the statute allows for it. You should have a lawyer to assist you with this case. It's probably not going to be something that will be dismissed outright by the prosecutor when you show up in court, because your own recitation of the facts tells me that the elements of the offense are made out. If you have no prior record, a lawyer would likely be able to negotiate an adjudicated dismissal though. That is, your case would be dismissed after successful completion of a sentence. This would keep what would otherwise be a particularly embarrassing conviction off of your record.