The Koger Building
Corner of 9th Street North & Gandy Blvd.
9721 Executive Center Drive North, Suite 120
St. Petersburg, FL 33702
St. Petersburg / Clearwater Criminal Defense Lawyers
In Florida, it is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. You can view the full text of Florida Statutes ss. 800.03 prohibiting the “exposure of sexual organs.” View the full text of Florida Statutes ss. 800.02 prohibiting “Lewd or Lascivious Conduct” here.
We recognize the anxiety you may currently be experiencing and we understand your desire for confidentiality. You probably have many questions concerning how this pending Pinellas County charge will impact your immediate future. In this regard, you should be aware of the following:
You will receive court notices from the Pinellas County Clerk of Court that will not only reflect your court date, but will also readily disclose the sensitive nature of your pending charge. You may also receive several “direct mail” solicitations from law firms advertising their legal services. It is quickly apparent from these advertisements that the attorneys sending the mailers practice “Criminal Defense” law. Some legal advertisements will even go so far as to mention your pending “Exposure of Sexual Organs” charge.” Thus, any member of your household retrieving your daily mail will be placed on notice of your involvement with the Pinellas County Criminal Justice System.
The personal information you provided law enforcement at the time you were either arrested or received a “notice to appear” has become “public record.” The Clerk’s Office and local St. Petersburg / Clearwater law firms are simply accessing that public information. Our office can arrange to have the address associated with your case immediately changed to reflect our law office or an alternative location selected by you. Thereafter, all correspondence from the Clerk of Court and from soliciting attorneys will be mailed to a physical location other than your home. This tactic can be instrumental in your efforts to keep your case out of the spotlight.
We will work to either eliminate or minimize your court appearances in an effort to avoid the difficult or awkward situation of having the facts and details of the charge disclosed in open court. We may be able to make most court appearances for you and keep you in the work place. Clients who reside out of town may be able to avoid attending court all together. In some circumstances we might recommend resolving your case through a “plea in absentia.” This legal strategy would enable you to satisfactorily resolve the charge without the need for your personal appearance in court. Click Here to Learn More About Ways We Can Help Out of Town Offenders.
Our office will seek a resolution designed to steer clear of a permanent record of conviction. We want you to avoid the stigma associated with a subsequent background check that would otherwise reveal a conviction for “Exposure of Sexual Organs.”
If you have been charged with an incident of Exposure of Sexual Organs arising out of the St. Petersburg / Clearwater area, we can help. There are a number of potentially effective methods for dealing with this charge. Depending on your particular facts and circumstances, we may recommend one of the following options:
Just because you’ve been arrested does not mean that the Pinellas County State Attorney’s Office has to proceed with a formal prosecution against you. We can sometimes intervene early on your behalf. This “Pre-filing” intervention can sometimes be effective in persuading the Pinellas County State Attorney’s Office not to proceed with the prosecution. This may be especially true if law enforcement engaged in activity that encouraged or instigated the alleged improper conduct on your part. If the prosecutor is made aware of a possible “entrapment” scenario, they may decide that your case does not warrant a formal charge or that the filing of a non-sex related offense would be more appropriate. (For example, the non-descript offense of “Disorderly Conduct”)
Participating in and successfully completing a Pre-Trial Intervention Program (also referred to as a “Diversion Program”) guarantees a dismissal of the charge. If you have little to no prior criminal history, you may be a good candidate for Pre-Trial Intervention. This program would require that you complete a series of contractual tasks outlined by the Pinellas County State Attorney’s Office in exchange for a dismissal of the charge. Our office can make application for your entry into this program. Learn more about the dismissal of charges through the Pre-Trial Intervention Program.
If it appears that resolving your case through a “plea bargain” may be in your best interest, we can negotiate with the prosecutor and the judge in an effort to secure a “withhold of adjudication.” Such an agreed-upon final outcome allows you to avoid being formally convicted of the charge. It would enable you to thereafter deny being convicted on any application for employment or licensure. Learn more about avoiding conviction through a withhold of adjudication.
Our office may assign you various tasks in advance of court or discussions with the State. This tactic may improve your standing with the prosecution or the judge. Such tasks could include obtaining an STD (Sexually Transmitted Diseases) screen or a psychological evaluation. Completion of these tasks will help to assure the court or the State that your conduct was an isolated incident and that similar conduct is not likely to occur in the future. Accordingly, these preparations may lead to an outcome that decreases the penalties and impact of the charge.
Depending on your prior criminal record, it may be possible for you to have your records sealed or expunged. This would allow you to truthfully deny (with a few limited exceptions) that you had never been arrested or charged with “Exposure of Sexual Organs.” Most importantly, having your records sealed or expunged would make the facts and nature of your case inaccessible to any inquiring member of the public. Having a St. Petersburg / Clearwater criminal defense lawyer seal / expunge your records would thereafter restore you to the position you occupied before being arrested or charged.
The offense of “Exposure of Sexual Organs” is a first degree misdemeanor punishable by up to one year in the Pinellas County Jail and up to a $1,000.00 fine. Don’t be misled if you received a “Notice to Appear” in lieu of being physically arrested and transported to the Pinellas County jail. Under Florida law, law enforcement’s issuance of a “Notice to Appear” is the legal equivalent of a formal arrest. Thus, regardless of whether you were arrested or given a “Notice to Appear,” the same potential penalties and negative impact to your criminal record apply.
This crime is viewed as a sex offense by our local judicial system and should not be taken lightly. Judges are often concerned that your subsequent conduct could escalate to more aggravating conduct involving children or the elderly. A coordinated strategy and plan implemented by your attorney may help assure the court that future improper conduct is unlikely to occur. When a judge is persuaded that your situation represents an isolated incident, he is more likely to impose a lenient final outcome.
We recognize than an “Exposure of Sexual Organs” charge can be an embarrassing blemish on your reputation and good name. We are also sensitive to the unique set of concerns that are typically generated by this charge. Clearly, such an allegation could be difficult for you to “explain away” or minimize if it appears on a background check. That’s why it is so important you get the right help. The results of your case are something you will be forced to reflect upon for the rest of your life. You only get one chance to ‘get it right.”
We are accustomed to regularly handling these types of criminal charges before our local Pinellas County judges. We may help you avoid a jail sentence and seek an outcome that avoids conviction. Speak to us about safeguarding your privacy, and resolving the case with the least amount of publicity that could otherwise disclose distressing details about the alleged conduct.
If you have been charged with “Exposure of Sexual Organs” in St. Petersburg, Clearwater, or another area of Pinellas County, we’re lawyers who can help. Call our office to schedule a free initial consultation. We can explore your options and create a strategy that is focused on eliminating some of the stress you are experiencing and accomplishing your goals.