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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I recently faced a citizens arrest in California for a misdemeanor.

Customer Question

I recently faced a citizen's arrest in California for a misdemeanor.
I was walking through a park with my hand in my pockets, holding and dictating voice notes into my iPhone.
A police officer pulled up to the park and said someone had called to report suspicious behavior. Apparently a woman outside the park thought that I was "stimulating myself" in my pants while walking around the park. She also said I was touching my other private parts and even partially removed my pants.

While I might have reflexively "scratched my butt," I did not perform any of the accused behaviors. Furthermore, I have a vocal note on my phone timestamped a few minutes after the accused behaviors.

The case is further exaggerrated in that there is an elementary school nearby, and it is a high-crime area.

I've never had any sort of criminal offense against me, and am quite prototypical of a "responsible, educated" 20 year old kid.

We have a court date for mid-March. Since it's her word against mine, how can I "prove" that I did not do it? What are the odds of any fines or conviction?

Thank you very much.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

Samuel-II :

Hi

Samuel-II :

I suggest that you best defense is to have character witnesses who can testify that you are a clean decent hardworking taxpayer and that they would never believe you would do anything of the sort

Samuel-II :

That really is the only way to destroy her story. You cannot destroy her credibility unless you want to spend time trying to track down persons who know of her and have witnesses bizarre behavior by her.

Samuel-II :

You can get Affidavits from your friends, family, neighbors, co workers to attest to your character or you can have them appear in court with you to testify on your behalf.

Samuel-II :

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

JACUSTOMER-96ucckaa- :

That is an interesting thought. I will work on that. Say that I can not bring in someone to testify with me. What other alternatives may there be?

JACUSTOMER-96ucckaa- :

Also, what if someone had taken clothes out of a backpack and changed their pants in a somewhat-hidden area of the park? If no nudity was exposed, would this be considered disturbing the peace?

Samuel-II :

There is no much you can do but to show your character to try to destroy the word of this other person.

Samuel-II :

It will come down to credibility with that court

Samuel-II :

And if someone was changing clothes in public that could be considered a public nuisance or disturbing the peace - yes.

Samuel-II :

California Penal Code § 370 defines ta public nuisance as : " Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance."

Samuel-II :

And so because the burden of proof to the Prosecution is not that involved, you would need to show that you are not that type of person.

Samuel-II :

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

Expert:  Samuel II replied 4 years ago.
Hi

I am confused as to why you would Rate ME with a POOR service.

I gave you information that is true and correct for you situation

As I stated, if you have further questions, you have to let me know. I cannot answer what you do not ask

Thanks