What will happen with a 63.44 B14(a) LAMC loitering in park after hours misdemeanor charge? 7 Answers as of January 23, 2011

My girlfriend and I were caught having intercourse in my car in a park at night. Cops stopped us, and after checking for weapons, drugs .. etc (and found nothing) they told us they will cite us for loitering in park (63.44 B14(a) LAMC). It was 10:35pm. They said they're doing us a favor for doing nothing regarding sex. I asked him to write a ticket only against me (not me and my girlfriend) and they agreed. I have to appear at court. I am wondering what are the consequences of this? (Charges, professionally, waiver, money , etc). What are all possible scenarios and surprises to be expected? I sincerely appreciate it!

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You stand a better chance if you hire an Attorney, but you should definitely do your best to negotiate a 'Disturbing the Peace' charge, as an infraction.
Answer Applies to: California
Replied: 1/23/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
Depending on the county, judge, prosecutor, your record, and your attorney, this type of case should ultimately be dismissed.

Request that the court put you on "D.A.'s Probation." This means that if you do not get in trouble for a period of time, usually 1 year, the case is dismissed.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/22/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Loitering is a relatively minor charge, especially if you have no prior record. A good defense attorney should be able to work out a disposition where you earn a reduction/dismissal by performing some community service.
Answer Applies to: California
Replied: 1/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
All possible? Right. The DA is free to amend up or down as supported by the facts. You theoretically could face a sex charge with registration requirements. How likely? No way of knowing, but generally they stick to the police recommendation.

Any criminal conviction on your record will affect you in the future in many ways. Use your imagination. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, diversion, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 1/21/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
They did do you a favor by citing you for this offense, rather than Penal Code section 647(a) - lewd conduct in a public place. I'd much rather have to disclose a park curfew violation in the future rather than a sex offense.

Having said that, your attorney may be able to work out something even better than a conviction for this municipal code violation. Yes, it's probably worth it to hire an attorney for the best outcome. They may be able to work out a reduction to an infraction or even a dismissal, depending on the facts, your record (if any) and what the DA is willing to go along with.
Answer Applies to: California
Replied: 1/21/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    The police make a recommendation to the District Attorney. The final charges you will actually be charged with will be up to the DA not the police. I would recommend hiring an attorney to assist you.
    Answer Applies to: California
    Replied: 1/21/2011
    West Themis Law, A Professional Law Corporation
    West Themis Law, A Professional Law Corporation | Sally S. Chan, Esq.
    It sounds like the cop did you and your girlfriend a favor. If that is all that you're cited for, the worse case scenario is that you pled guilty this charge. If this is your first offense, the DA will not likely ask for jail time in LA.

    Professionally, it really depends on what field you're in. All convictions are public record. Loitering is not too bad. Anything sexual is. After you satisfactorily complete your probation, you have this matter sealed.
    Answer Applies to: California
    Replied: 1/21/2011
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