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My friend's in deep legal doo-doo...
delroland
Registered User regular
Registered User regular
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.
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.
EVE: Online - the most fun you will ever have not playing a game.
"Go up, thou bald head." -2 Kings 2:23
"Go up, thou bald head." -2 Kings 2:23
delroland on
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He should also get used to the fact that he's going to be punished. A fucking felony weapons charge?
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.
his lawyer should be working hard to get that felony reduced.
16 with a sword on him? Your friend may also need a reality check.
16? 28? Driving around with a sword in the back seat? This isn't going to end well.
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?
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.
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?
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
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
That is not good for your friend.
I'd rather have felony anything on my record.
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.
but they're listening to every word I say
According to the website that was linked earlier
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
theyre metal toys
i would know, I own 6.
you can break them over a pool noodle.
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.
but they're listening to every word I say
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?
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.
"Go up, thou bald head." -2 Kings 2:23
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.
QFT Fuck your friend, he's a creepy asshole who has fucked up his girlfriend for life. Grats moron (your friend, not you)
My only regret is that I am already at maximum lime. This cannot be limed further.
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
I don't know if anyone short of Johnnie Cochran can save him now.
Can trade TF2 items or whatever else you're interested in. PM me.
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.
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.
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!
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.