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Caught having sex in car by police


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Please help! 

I got charged with open lewdness - misdemeanor class 3.  I have no prior record. My boyfriend and I were having sex in a truck with tinted windows on a public street, by homes, but not on anyones property.  It was 3am.  What is going to happen when I go to court? Im scared of jail time. Has anyone been charged with this before? 

We are not minors, I am 30 he is 33. Neither of us have any record.  

Please help - Im worried sick and so scared! 

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You won't face jail time for a misdemeanor.  Fine.  Probation.  Community service.  Or the judge may drop it.  But don't worry about going to jail.

When I looked online at pennsylvania charges it said for misdemeanor 3 you can get fine up to $1000, or 90 days jail time and/or probation :( Im so scared!

Whoa. Relax. You aren't going to jail. I can't believe you actually got charged. The one time anything similar happened to me, the cops were laughing too hard to be very...lawful.

As for consequences, jewels laid it out for you. If you're a first-time offender, you mght get away clean. Not jail-time, though.

Original Post by toughjourney:

When I looked online at pennsylvania charges it said for misdemeanor 3 you can get fine up to $1000, or 90 days jail time and/or probation :( Im so scared!

 I seriously doubt they're gonna lay jail-time on you. You're aren't helping yourself by getting worked up over it. Besides, they can give you jail-time for just about anything (here, at least). Most judges aren't going to waste the time and money to throw someone with no record (and who's obviously too mortified to become a multiple offender) in jail for boinking a guy at 3AM.

I would say talk to a lawyer just to be safe.  Better safe than sorry. 

My bf was lazy and ignorant when he got a new car and went a couple months without transferring the title.  He was stopped and written up for it.  The cop said that he would just go to court and pay a fine.  So when he went in, he plead guilty, however he didn't realize this wasn't just a ticket, but a criminal offense.  Not the worst thing ever, but he wound up with it on his record and probation.... which he took very hard since he has no criminal record and is very "straight and narrow".  In Washington state failure to transfer a title is a criminal offense.

So I would suggest, even though what you did was a super minor offense, to check in with a lawyer and make sure you know what to do and there are no suprises.  Some lawyers will at least do a free consultation.

Man I bet that killed the mood.

I can't believe they actually charged you!  Don't think that would have happened in Texas :)...but maybe hubby and I better be more careful...

Be honest and upfront to the judge about why you were doing what you were doing.  If he asks you why, don't act like you were committing a felony or hurting someone, be truthful (obviously you were in the moment and decided to take  care of business).  Don't be disrespectful, but be courteous to the judge and courtroom.  Explain your surroundings and the time it occurred. 

I would certainly mention that you would not entertain this thought in broad daylight-in a neighborhood full of kids-during the day, rather, explain what you were doing earlier in the night and what led to you do what you did.. I am sure that you will get a tap on the wrist, a fine, and maybe some advice about 'taking care of business' behind closed doors.

I'd get a lawyer simply to be assured you don't end up on some sex offender list somewhere. From what I hear PA is pretty strange about that stuff.

I don't mean to scare you, but it can honestly really depend upon the judge's mood at the time.  I had a friend facing the same thing (albeit in a different state), and she ended up serving 15 days because the judge was likely in a pissy mood and decided to make an "example" of her.

As a lawyer, I second what others have said.  Seek out an attorney if for no other reason than they know the state laws and they have access to the consequences others have faced for the same crime.  You definitely want to avoid being labeled a sex offender and having to register.

Original Post by kathygator:

From what I hear PA is pretty strange about that stuff.

You'd think with town names like Intercourse, Virginville, and Blueball, they'd have a sense of humor about these things.

Original Post by kathygator:

I'd get a lawyer simply to be assured you don't end up on some sex offender list somewhere. From what I hear PA is pretty strange about that stuff.

^This.

Make sure the tinted windows are mentioned. You were actually thinking that noone could see you - makes it a lot less 'public' in my (unprofessional) opinion.

I cant afford an attorney, Im not working. It was my birthday and we were at the club and I really did not expect anyone to see us behind dark tinted windows at 3am on a side street.

Do you think I should get a public defender? Will that do any good?

Find the money.  This is your record -- if not treated with the respect it deserves, you could wind up having to register as a sex offender and/or list this incident on applications for employment, not to mention pay a ridiculous fine or spend time in jail.  Don't rely on an underpaid and often careless public defender to clean up your mistake.

I think you should get a lawyer before court otherwise you won't find the kind of loophole you need and will end up with the maximum sentence, which probably won't be jail but will be on your record. A lawyer charged me about $10,000 for a few visits and a trip to court, so start saving!! I'm in California so it might be less where you are..

Just so you know, jail time is really not a big deal either! I've spent 2 nights in jail and it was no biggie. The food sucks but you meet interesting people and if you are friendly you can really brighten people's days with good conversation. Everyone tells each other how they got in and you will have the best story! I just got caught smoking a jay in my car at 4AM, but the cops who rolled on me were NASTY MerFers and threw me in jail. The lawyer I spoke of was very helpful and I have no charges on my record at all. He also helped me get legalized and now I buy my pot at the weed store and pay sales tax and everything, and can tell a cop to go F him/herself if they ever try to stop me again. I doubt you will get a "do it legally in your car" pass out of this but hey..

I did call a attorney and I am going to meet with him on thursday.  I was honest with him and told him I am not working and would have to see if I can borrow money from my parents or something. So, hopefully he takes it easy on me with the cost.

Do you know if attorneys accept payments? Or do I have to pay it all upfront? 

Original Post by amethystgirl:

Original Post by kathygator:

From what I hear PA is pretty strange about that stuff.

You'd think with town names like Intercourse, Virginville, and Blueball, they'd have a sense of humor about these things.

Intercourse.....the town between Blueball and Paradise  

I would agree with everyone who's suggested you talk to an attorney.  ETA: Yes, a public defender is better than nothing.  You can also look up your local legal aid office, or contact the bar association to see if they have a lawyer referral service (usually a discount price for an initial consultation).

I guess I'm most confused on why 2 adults in their 30's decide to have sex in a truck on a public street and not in one of their homes???  Also if you were out at a bar I guess you should be grateful they didn't get one of you for a DUI 

 

Original Post by dbackerfan:

I guess I'm most confused on why 2 adults in their 30's decide to have sex in a truck on a public street and not in one of their homes???  Also if you were out at a bar I guess you should be grateful they didn't get one of you for a DUI 

 

I thought this too lol.

Tropical_unicorn: There is a pot license? Is that a Cali thing or am I confused? :O

Original Post by toughjourney:

I did call a attorney and I am going to meet with him on thursday.  I was honest with him and told him I am not working and would have to see if I can borrow money from my parents or something. So, hopefully he takes it easy on me with the cost.

Do you know if attorneys accept payments? Or do I have to pay it all upfront? 

Not to be a downer, but a lawyer who is so desperate for work that he doesn't care if you pay him or not is probably not the lawyer you want.  Heck, you may be better off with a public defender ... at least you might get lucky and land a "true believer" who works in public defense for the principle instead of the pay.

49 Replies (last)
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