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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12369
Experience:  JD, MBA
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I was arrested for public nudity and breach of peace As I

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I was arrested for public nudity and breach of peace
As I was in a public restroom changing
After running and was seen naked by
2 women. The door of the restroom was
Locked with an open view. I was drying
Off and had a slight erection. I didn't
Think anyone was around and did not
Exposé myself intentionally. I'm charged
With a class B misdemeanor and have a
Court date next week. No other
Misdemeanors or any charges ever.
What should I do? What is your advice?
I live in CT. Thank you in advance.
Hello and thank you for allowing me the opportunity to assist you.

If I were you, I would retain an attorney. The attorney can talk to the prosecutor and try to either get the case dismissed or to work out a deal that will result in the smallest punishment possible (e.g., community service, probation). If you do not get an attorney, and if this goes to trial, then there is a much greater likelihood that you will be found guilty and that the punishment will be greater than it otherwise would need to be. A class B misdemeanor in CT carries a maximum of 6 months in jail. Hopefully an attorney can help you avoid jail completely. If you cannot afford an attorney, then you should explain to the judge that you want an attorney but cannot afford one. An attorney should be appointed for you.

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Customer: replied 4 years ago.

Thank you. I'm in the process of getting an
Attorney. In a case like this is a plea deal
Acceptable? Common? I'm scared because
It was not intentional and I was unaware of
The surroundings. A mistake. Would the
Attorney speak with the prosecutor before
My hearing of guilty or not guilty? What
Kind of conversation will they have
Beforehand? Do you end up pleading guilty
And getting a reduced charge? Does this go
On a criminal record for background checks?
Hi again.

Yes, a plea deal is common in this type of case. The prosecutor doesn't want to go to trial over this type of small matter. You may be able to get this down to something like disorderly conduct and community service. Yes, a defense attorney would be able to speak with the prosecutor before a trial, and possibly before the hearing. They will usually discuss the strengths and weaknesses of the case, and see if they can agree on charges and punishment in order to avoid a trial. Yes, if you can reach an agreement, then the objective is to plead guilty to a lesser charge like disorderly conduct. Yes, unfortunately, it would go on a criminal record. But something like disorderly conduct would look much better than a charge indicating public nudity.
Customer: replied 4 years ago.

Thank you. Will they dismiss the case since
I had no intention of being seen and didn't see
Or hear anyone nearby? I was in the men's
Room and had no ability to shut the door.
It was open and locked in that manner.
Also no signs to differentiate men's Vs women's
Restrooms. I was in the back of the restroom
And drying off before getting changed. The
Potential punishment seems severe based
On the circumstances. There were the
2 witnesses and 1 seemed angry. What
Should my attorney argue to dismiss the case?
Hi again.

If I were your attorney, I would certainly try to get the prosecutor to dismiss first, before agreeing a reduced charge. But I suspect that the prosecutor would not do so. Although you did not have the intent to be seen, the prosecutor will likely argue the opposite by pointing out that you were aroused. The prosecutor will also likely argue that since the door was open, you would have known that you should not have changed there, and therefore, you did so knowing that you may be seen. So, I would expect that the prosecutor will not dismiss. But the attorney should still ask.
Customer: replied 4 years ago.

Thanks again. One last question. How do they
Decide probation versus community service?
I work, so the latter would be very difficult.
Does the defense attorney have any input
On this or does the judge decide? Depending
On the relationship, do prosecutors and
Defense attorneys work together amicably
To resolve the decision quickly?
Hi again.

If the prosecutor and your attorney can agree, then the judge will generally go along with the agreement. However, if an agreement cannot be reached, then the judge will decide himself. Yes, prosecutors and defense attorneys generally work together. They usually know each other because they are always handling cases against each other. The legal community is tight knit and most attorneys know each other.