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My friend's in deep legal doo-doo...

delrolanddelroland Registered User regular
edited July 2009 in Help / Advice Forum
I've a friend here in California. He's 28 and has a 16 year old girl friend. They haven't had sex.

The other night, they both drive to Taco Bell to get some food. In the parking lot they start getting a little frisky, to the point of semi-nude hot-and-heavy making out. A cop catches them and arrests him, taking my friend to jail, but telling him that he will be released in the morning due to only being charged with two misdemeanors. Also, according to my friend, he was not read his Miranda's rights.

The next day, the officers at the jail inform him that they have also charged him with a felony weapons charge, because he had a sheathed katana in the back seat of the car (and on the seat, not tucked away hidden somewhere), like one of those replicas you can buy on QVC.

Out on bail, he's looking at an August 10th court date, facing the weapons charge above, as well as Lewd Acts in Public (misdemeanor) and Contributing (misdemeanor). Any suggestions on how he should handle this?

BTW, he talks to his lawyer tomorrow.

delroland on
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Posts

  • ImprovoloneImprovolone Registered User regular
    edited July 2009
    By doing exactly what the lawyer says, and if he feels uncomfortable with the lawyer to get a new one. A lot of people can get stuck feeling "well, I've got this lawyer now, might as well use him/her".

    He should also get used to the fact that he's going to be punished. A fucking felony weapons charge?

    Voice actor for hire. My time is free if your project is!
  • TopweaselTopweasel Registered User regular
    edited July 2009
    You sir have probably said to much as is, he shouldn't nor any else he already talked to should say or volunteer information regarding this unless a lawyer says otherwise.

    As for your friend he is in serious trouble. That many charges, there is a good chance that even a good plea deal will require him to accept one of the charges. Just noticed that your friend had both a felony charge and the lewd acts. Keep in mind that the Felony and he is screwed for life or the lewd act and he is screwed with life and has to register as an offender every time he moves.

    Its time for him to get the best lawyer he can find. No family friend here.

  • DemerdarDemerdar Registered User regular
    edited July 2009
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.

    parabol
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  • Durandal InfinityDurandal Infinity Registered User
    edited July 2009
    Tell him to listen to the lawyer and to not be an idiot. Whatever he does or buys is his thing to do, but as a word of advice I wouldnt start making out with a minor in a taco bell parking lot (Im sure the car smelt fantastic), with a weapon. He asked for it, just tell him to play it smart and LEARN from this mistake.

    16 with a sword on him? Your friend may also need a reality check.

  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    I think this is at the point where your friend should not be seeking guidance from a message board but should be shutting up and only talking to his lawyer.

    16? 28? Driving around with a sword in the back seat? This isn't going to end well.

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • Psychotic OnePsychotic One Never let an alligator... Do your taxesRegistered User regular
    edited July 2009
    The thing I'd ask is if the sword was of practical quality, high carbon steel and full tang, or display quality, stainless steel / unsharpened / quarter tang. IF its the former its a show piece not a weapon. Lawer could probably work that into reducing the charges.

  • Matt_SMatt_S Registered User
    edited July 2009
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    Matt_S wrote: »
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

    Are you sure that Contributing To The Sexual Deviancy Of A Minor isn't going to land him a Sex Offender status?

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • kaliyamakaliyama Registered User regular
    edited July 2009
    You guys TL;DR'd a two-paragraph post? My recommendation is to get a good lawyer. Crim defense lawyers who are ex-PDs or DAs are your best bet. So scrutinize who he gets. How did he find the lawyer/

    Otherwise, before pleading to anything, make sure you know if the contributing (or lewd acts) charge is going to make him a registered sex offender. It's very easy to become a sex offender. Lawyers screw this stuff up regularly, so don't just listen to what he says. I have a feeling the contributing thing can only be contributing to the delinquency of a minor.

    fwKS7.png?1
  • TL DRTL DR Registered User regular
    edited July 2009
    He's not going to end up a felon. Now, if he had this minor out past any sort of curfew, or against the wishes of the parents, or was breaking laws regarding consent (how nude is semi-nude?), then he could be in some trouble as far as being a registered sex offender, which is pretty terrible.

    The weapons charge will end up a misdemeanor, or even tossed out altogether if his lawyer can successfully argue it was decorative. Does your friend have any prior convictions?

    eokNV.jpg
  • Local H JayLocal H Jay Registered User regular
    edited July 2009
    my advice is to get new friends

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  • TL DRTL DR Registered User regular
    edited July 2009
    Esh wrote: »
    Matt_S wrote: »
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

    Are you sure that Contributing To The Sexual Deviancy Of A Minor isn't going to land him a Sex Offender status?

    It's likely Contributing to the Delinquency of a Minor. If they weren't having actual sex then he might be able to squeak by.

    Still, incredibly stupid situation to find oneself in. The girl's parents are in a prime position to fuck this guy if so inclined.

    eokNV.jpg
  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    Esh wrote: »
    Matt_S wrote: »
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

    Are you sure that Contributing To The Sexual Deviancy Of A Minor isn't going to land him a Sex Offender status?

    It's likely Contributing to the Delinquency of a Minor. If they weren't having actual sex then he might be able to squeak by.

    Still, incredibly stupid situation to find oneself in. The girl's parents are in a prime position to fuck this guy if so inclined.

    My bad there. I meant Delinquency, not Deviancy. But I would think that's what it would be if they were caught messing around and semi-nude in a car.

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • Matt_SMatt_S Registered User
    edited July 2009
    Esh wrote: »
    Esh wrote: »
    Matt_S wrote: »
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

    Are you sure that Contributing To The Sexual Deviancy Of A Minor isn't going to land him a Sex Offender status?

    It's likely Contributing to the Delinquency of a Minor. If they weren't having actual sex then he might be able to squeak by.

    Still, incredibly stupid situation to find oneself in. The girl's parents are in a prime position to fuck this guy if so inclined.

    My bad there. I meant Delinquency, not Deviancy. But I would think that's what it would be if they were caught messing around and semi-nude in a car.

    List of Registrable Sex Offenses in California

  • VeeveeVeevee WisconsinRegistered User regular
    edited July 2009
    Matt_S wrote: »
    Esh wrote: »
    Esh wrote: »
    Matt_S wrote: »
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

    Are you sure that Contributing To The Sexual Deviancy Of A Minor isn't going to land him a Sex Offender status?

    It's likely Contributing to the Delinquency of a Minor. If they weren't having actual sex then he might be able to squeak by.

    Still, incredibly stupid situation to find oneself in. The girl's parents are in a prime position to fuck this guy if so inclined.

    My bad there. I meant Delinquency, not Deviancy. But I would think that's what it would be if they were caught messing around and semi-nude in a car.

    List of Registrable Sex Offenses in California
    "272 - CONTRIBUTING TO THE DELINQUENCY OF A MINOR (LEWD OR LASCIVIOUS BEHAVIOR)"

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  • HevachHevach Registered User regular
    edited July 2009
    delroland wrote: »
    Also, according to my friend, he was not read his Miranda's rights.

    Nobody else mentioned this, but Miranda rights don't work like they do in the movies. You can be arrested without being read your rights. The rights apply to interrogations, not arrests. Since it sounds like the officer walked up to events already in progress, he probably didn't have many questions that needed answering anyway.

    http://en.wikipedia.org/wiki/Miranda_warning#Confusion_regarding_use

  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    Veevee wrote: »
    Matt_S wrote: »
    Esh wrote: »
    Esh wrote: »
    Matt_S wrote: »
    Demerdar wrote: »
    Misdemeanor is no big deal. Yeah, it's a crime but at least it's not a felony.

    his lawyer should be working hard to get that felony reduced.


    This. Depending on what state he's in, it may be possible to get the felony reduced.

    Are you sure that Contributing To The Sexual Deviancy Of A Minor isn't going to land him a Sex Offender status?

    It's likely Contributing to the Delinquency of a Minor. If they weren't having actual sex then he might be able to squeak by.

    Still, incredibly stupid situation to find oneself in. The girl's parents are in a prime position to fuck this guy if so inclined.

    My bad there. I meant Delinquency, not Deviancy. But I would think that's what it would be if they were caught messing around and semi-nude in a car.

    List of Registrable Sex Offenses in California
    "272 - CONTRIBUTING TO THE DELINQUENCY OF A MINOR (LEWD OR LASCIVIOUS BEHAVIOR)"

    That is not good for your friend.

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • ImprovoloneImprovolone Registered User regular
    edited July 2009
    I'd rather have a felony weapons charge on my record than to be a registered sex offender.

    Voice actor for hire. My time is free if your project is!
  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    I'd rather have a felony weapons charge on my record than to be a registered sex offender.

    I'd rather have felony anything on my record.

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • FyreWulffFyreWulff Registered User, ClubPA regular
    edited July 2009
    He talks and only talks to his lawyer.

  • JebusUDJebusUD Registered User regular
    edited July 2009
    I'd rather have a felony weapons charge on my record than to be a registered sex offender.

    But the misdemeanor will go away as well as the registration eventually. Felonies don't do that so much. And if he ever wants a job that isn't McDonalds, good luck with a felony.

    You haven't given me a reason to steer clear of you!
  • VeeveeVeevee WisconsinRegistered User regular
    edited July 2009
    JebusUD wrote: »
    I'd rather have a felony weapons charge on my record than to be a registered sex offender.

    But the misdemeanor will go away as well as the registration eventually. Felonies don't do that so much. And if he ever wants a job that isn't McDonalds, good luck with a felony.

    According to the website that was linked earlier
    Dismissal of Offense after Completion of Probation. Sex offenders who successfully complete probation may apply to have the offense dismissed under Penal Code section 1203.4, but dismissal does not relieve the person from the duty to register as a sex offender. Penal Code section 290(a)(2)(F).

    Relief from the Lifetime Duty to Register. Persons whose registrable sex offenses are nondisclosable to the public may obtain relief from the duty to register upon obtaining a certificate of rehabilitation. Penal Code section 290.5. All others must obtain a governor's pardon to obtain relief from the duty to register as a sex offender. A person is eligible to apply for a certificate of rehabilitation seven to ten years (depending on the registrable sex offense) after release from custody or on parole or probation, whichever is sooner. Certain registrable sex offenders are not eligible to obtain a certificate of rehabilitation. Penal Code sections 4852.01 & 4852.03.

    Once on the registration you are on for life unless the offense is nondisclosable to the public (and then he would need to apply to have his name removed from the registration after 7-10 years), or he receives a governor pardon

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  • delphinusdelphinus Registered User
    edited July 2009
    those model swords arent weapons.
    theyre metal toys
    i would know, I own 6.

    you can break them over a pool noodle.

  • psycojesterpsycojester Registered User regular
    edited July 2009
    my advice is to get new friends


    Nobody should be friends with a 28 year old man who has a 16 year old girlfriend and felt the need to own a katana.

    [SIGPIC][/SIGPIC]
  • JebusUDJebusUD Registered User regular
    edited July 2009
    my advice is to get new friends


    Nobody should be friends with a 28 year old man who has a 16 year old girlfriend and felt the need to own a katana.

    I am going to have to go with this too. Guy's dumb. I wouldn't get involved, and I would promptly distance myself from him, were I you.

    You haven't given me a reason to steer clear of you!
  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    my advice is to get new friends


    Nobody should be friends with a 28 year old man who has a 16 year old girlfriend and felt the need to own a katana.

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • HevachHevach Registered User regular
    edited July 2009
    Well, the 16 year old girlfriend, yeah. As for the katana, if it was just one of those cheap ornamental swords, it's more the stupidity of leaving it uncovered on the back seat. I own a few of those cheap ornamental swords as well as a Japanese officer's sword "liberated" by some relation in WWII. If for any reason I have to transport any of them, real or not, they're wrapped, boxed, the box goes inside a secure box with a lock marked "Sharp blades" and that box gets locked in my trunk.

  • PracticalProblemSolverPracticalProblemSolver Registered User
    edited July 2009
    delroland wrote: »
    I've a friend here in California. He's 28 and has a 16 year old girl friend. They haven't had sex.

    Uh huh, when he's not taking her top off in the taco bell parking lot they're reading Twilight together on a chaperoned date, right?

    Seriously though, your friend should handle this by screwing his head on straight and listening to his lawyer. Growing the fuck up and acting his age might help too.

    You should handle this by finding someone a little more inspiring to spend time helping, what are you trying to do here anyway, rescue your friend so he can be together with his true love?

    Being 28, and having fairly extensive experience dealing with todays 16 year olds, I can tell you, with complete confidence, there is nothing to build a healthy sexual relationship on between these two ages, either your friend is a complete asshole and/or mentally damaged, probably both.

    Your buddy is such a fount of concentrated loserness that he's gotten the lame all over you. How is this guy your friend anyway, what do you do together?

  • delrolanddelroland Registered User regular
    edited July 2009
    To answer a previous question, no prior convictions.

    To answer the above question, we went to high school together, and we game together once in a while.

    As far as the age gap goes (beyond the legalities of it all), I've known of several relationships that have worked where the age gap has been ten years or more. MY parents were twelve years apart.

    EVE: Online - the most fun you will ever have not playing a game.
    "Go up, thou bald head." -2 Kings 2:23
  • TL DRTL DR Registered User regular
    edited July 2009
    Do the girls parents approve of the relationship? Do they even know the guy?

    eokNV.jpg
  • Bionic MonkeyBionic Monkey Registered User, ClubPA
    edited July 2009
    delroland wrote: »
    To answer a previous question, no prior convictions.

    To answer the above question, we went to high school together, and we game together once in a while.

    As far as the age gap goes (beyond the legalities of it all), I've known of several relationships that have worked where the age gap has been ten years or more. MY parents were twelve years apart.

    Yeah, I've known several couples with significant age gaps too. They all started with both parties as legal adults.

    Seriously, as a 29-year-old man, there is no good goddamn reason to date a 16-year-old unless there is something mentally wrong with you.

    sig_megas_armed.jpg
  • EshEsh Sunshine! Kittens! Rainbows! Smiles! Portland, ORRegistered User regular
    edited July 2009
    I think this thread is just going to degenerate into a "Wow, is your friend a dumbass" thread. There's no advice we can give except "Get a good lawyer".

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."
  • RyanReddRyanRedd Registered User regular
    edited July 2009
    my advice is to get new friends

    QFT Fuck your friend, he's a creepy asshole who has fucked up his girlfriend for life. Grats moron (your friend, not you)

    That's good. That's a good one.
  • DeebaserDeebaser At the corporate garage sale This is cheap and plentifulRegistered User regular
    edited July 2009
    Esh wrote: »
    my advice is to get new friends


    Nobody should be friends with a 28 year old man who has a 16 year old girlfriend and felt the need to own a katana.


    My only regret is that I am already at maximum lime. This cannot be limed further.

  • DeebaserDeebaser At the corporate garage sale This is cheap and plentifulRegistered User regular
    edited July 2009
    delroland wrote: »
    To answer a previous question, no prior convictions.

    To answer the above question, we went to high school together, and we game together once in a while.

    As far as the age gap goes (beyond the legalities of it all), I've known of several relationships that have worked where the age gap has been ten years or more. MY parents were twelve years apart.


    A 35 year old dating a 25 year old is a helluva lot different than a dude old enough to have finished Med School dating a girl that hasn't even gone shopping for prom dresses yet.


    Do the Math

    ((Your Age)/2 + 7) >= (Her Age) = Fucking sketchy

  • PeregrineFalconPeregrineFalcon Registered User
    edited July 2009
    Esh wrote: »
    I think this thread is just going to degenerate into a "Wow, is your friend a dumbass" thread. There's no advice we can give except "Get a good lawyer".

    I don't know if anyone short of Johnnie Cochran can save him now.

    Looking for a DX:HR OnLive code for my kid brother.
    Can trade TF2 items or whatever else you're interested in. PM me.
  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited July 2009
    Esh wrote: »
    I think this thread is just going to degenerate into a "Wow, is your friend a dumbass" thread. There's no advice we can give except "Get a good lawyer".

    Amen. We don't need five pages of the moral police shouting at the guy. Bottom line is he should listen to his lawyer, not an internet forum. Period.

  • TopweaselTopweasel Registered User regular
    edited July 2009
    Yeah finding out that the contributing charge is also a sex offense one, you friend is probably completely screwed. How did someone not scare off this girl before things became this intimate? Honestly the friend is a bit creepy but as buddies you should have cock blocked this shit.

    I don't know what the rules in his state go but he may have to watch out, a lot of states have rules regarding Felonies and escalation of the charges. Its very possible that any combination of two of these charges even a plea down to a misdemeanor on the weapons charge could put him at mandatory jail time.

    People need to remember that even if they seem "mature" for their age, that at 16 they are still developing mentally and socially. We have rules against older people from getting intimate with this age group and younger because of the long term effects that this can have in their development. You can almost call it rape because even if she consented and was a willing participate their could still be dominate/superior factor that could have her doing it not because she wants to but because as her superior she wants to please you. The same thing that can play into a office setting where the Boss and a subordinate had a relationship.

    Whomever she is whether she was trying to or not, that age is called jail bait for a reason.

  • SkyGheNeSkyGheNe Registered User regular
    edited July 2009
    Conversation between a 35 year old and a 25 year old.

    Guy: Hey honey, how was work today?

    Girl: Terrible. The office politics are just getting to me.

    Guy: I remember the first time I entered the corporate world, it was pretty harrowing.

    Girl: Yeah, today was just a lot of navigating and everything. How were the politics in your line of work?

    Guy: Well...

    Conversation between a 29 year old and a 16 year old.

    Guy: Hey honey, how was school today?

    Girl: Sucked. Nobody likes me and my parents never get off of my back.

    Guy: Yeah - sucks when people are aggravating you. Work was pretty harrowing today.

    Girl: ...what does harrowing mean?

    Guy: Well, you know, it's where...

    Girl: This is boring. Can we make cookies and watch the Kardashians. Kim is so coool!!!!11!1one!

    sig.jpg
  • ForarForar #432 Already prepping for Toronto Fan Expo!Registered User regular
    edited July 2009
    my advice is to get new friends


    Nobody should be friends with a 28 year old man who has a 16 year old girlfriend and felt the need to own a katana.

    While I agree that having a girlfriend that's only 16 years old when he's nearly 30 is... of questionable character, having a display katana (assuming it's display only) doesn't seem like that big a deal.

    Now, why was it in the car? Did he purchase it recently? Moving it to a new place for some reason?

    If he just had a katana (display or otherwise) in the car to feel like a badass, I can understand it being a cause for concern.

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