GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs
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COLORADO SPRINGS INDECENT EXPOSURE
DEFENSE
AND PUBLIC INDECENCY
DEFENSE |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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Indecent exposure & DUI arrest - Colorado Springs - public indecency defense - registered sex offender
Colorado Springs criminal defense lawyer
Throughout the years I have defended
multiple DUI cases wherein the client
was also charged with indecent exposure or
public
indecency.
This has arisen has arisen in 3 factual circumstances when judgment was impaired by
alcohol and the urge was great:
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1. Clients have stopped the vehicle
to relieve themselves in a semi-private but public location (i.e.: behind a
bridge strut or behind a building) This is not an uncommon
circumstance. Former clients have stated: "beer goes through you
quickly" or "when 'ya gotta go, 'ya
gotta go" |
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2. Clients have stopped the vehicle
to masturbate in a semi-private but public location (i.e.: behind a closed
commercial building, bridge or parking lot) |
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3. While driving or in the vehicle, client's have engaged in sex with a
spouse, significant other, or
prostitute |
In circumstances of this nature, the
charges have included not only
alcohol
related traffic charges, but
indecent exposure
or public indecency. Due to recent
changes in Colorado law, this has become a major problem for anyone so
charged. It is worthwhile to read on.
Refer to Sex Offender Status section for
additional information regarding complications raised by
prosecution
of alcohol related traffic charges.
Refer to Sealing Criminal Justice Records
section for additional information regarding complications raised by
prosecution
of alcohol related traffic charges.
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TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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IMPORTANT - PLEASE READ CAREFULLY |
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My clients are advised not to discuss facts, law or trial strategy in any
offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator
retained as my agent, who is covered by the attorney - client privilege. Statements
to any third person may be grounds for additional criminal charges, even if
the other person is a trusted confidant. In cases alleging a sexual or
drug offense, it is quite common for others to be previously or subsequently
apprehended and offer information to law enforcement or prosecution in return
for reduced charges or
immunity (transactional or use). Because offenses
of a sexual or drug nature may be perceived as deviant or on-going enterprises, VNI units of
law enforcement recruit confidential informants to gain information. It
would also not be uncommon for a person's confidant to be a confidential
informer, perhaps
wearing a
wire. Be very careful what you tell or say to other persons -
your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by
subpoena. Website visitors who are not my clients should consult with
your attorney before talking.
Twice said -
Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. Do not discuss a case or make
any statements whatsoever with any law enforcement officer, prosecutor, witness,
the other involved party or any other third person. Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. Consult with your attorney before talking.
When the police contact you, don't
try to explain the circumstances.
Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.
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BASIC
INFORMATION
please refer to the below links
for basic information regarding defense of criminal & traffic cases |
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DEFENSE OF COLORADO SEX
CRIMES
INDECENT EXPOSURE
MISDEMEANOR OR
FELONY |
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CRS 18-7-302. Indecent exposure.
(1) A
person commits indecent exposure if he knowingly exposes his genitals to the
view of any person under circumstances in which such conduct is likely to cause
affront or alarm to the other person.
(2) (a) (Deleted by
amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.)
(b) Indecent exposure is a class 1 misdemeanor.
(3) (Deleted by amendment, L. 2002,
p. 1587, § 21, effective July 1, 2002.)
(4) Indecent exposure is a class 6
felony if the violation is committed subsequent to two prior convictions of a
violation of this section or of a violation of a comparable offense in any other
state or in the United States, or of a violation of a comparable municipal
ordinance.
QUICK
SENTENCING GRID
CRS 18-1.3-501 Class 1 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties
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MISDEMEANOR
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-501 |
Minimum |
Maximum |
Minimum |
Maximum |
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Class 1 Misdemeanor
Classification (M-1)
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6 months |
18 months |
$500 |
$5,000 |
QUICK
SENTENCING GRID
CRS 18-1.3-401 Class 6 Felony Offenses
Classification - Presumptive Sentencing Penalties
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FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 6 Felony Classification
(F-6)
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1 year |
18 months |
1 year |
$1,000 |
$100,000 |
| F-6 Mitigated |
6 months |
9 months |
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| F-6 Aggravated |
1 year
+ 1 day |
3 years |
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two felony convictions - minimum sentence mandatory
- no probation CRS 18-1.3-401(1)(b)(II)
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Mitigation - not less than one-half the
presumptive minimum sentence CRS 18-1.3-401(6)
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Aggravation - not more than twice the presumptive
maximum sentence. CRS 18-1.3-401(6)
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Extraordinary aggravating circumstances - at
least midpoint presumptive sentence, not more than twice presumptive maximum
sentence. CRS 18-1.3-401(8)(a) Examples - crime of violence, on
parole - probation or bond when offense committed. There are many more
aggravating circumstances contained in CRS 18-1.3-401(8)
For more information, I have included an abbreviated
summary of statutes regarding criminal sentencing. It is not intended to be all inclusive, however
does contain a summary of basic information pertaining to a range of relevant
sentencing penalties. For a summary - refer to
DEFENSE OF COLORADO SEX
CRIMES
PUBLIC INDECENCY
this offense is commonly charged in conjunction with public sex
PETTY OFFENSE |
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CRS 18-7-301. Public indecency.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) An act of deviate sexual intercourse; or
(c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person.
(2) Public indecency is a class 1 petty offense.
QUICK
SENTENCING GRID
CRS 18-1.3-509 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties
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PETTY
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-503 |
Minimum |
Maximum |
Minimum |
Maximum |
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Class 1 Petty
Classification (P-1)
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None |
6 months |
None |
$500 |
Penalty assessment procedure (pay by
mail) may be utilized - CRS
16-2-201
For more information, I have included an abbreviated
summary of statutes regarding criminal sentencing. It is not intended to be all inclusive, however
does contain a summary of basic information pertaining to a range of relevant
sentencing penalties. For a summary - refer to
Alcohol prosecution makes defense
of indecent exposure difficult. Where
DUI,
DEAC or
DWAI,
is charged, if the
District Attorney Office
can make a prima facie case,
state law prohibits flat dismissal.
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a. Because
indecent
exposure IS DEFINED
as a
sex
offense, if defendant is convicted of or accepts a deferred
sentence to any offense in the case with subsequent dismissal,
caselaw
defines defendant to be a
sex
offender. It is likely that trial will be necessary.
b. If the indecent exposure charge
is brought in a separate criminal case independent of the
alcohol
prosecution charging
DUI,
DEAC or
DWAI,
that changes the dynamics. The prohibition against
prima
facie case dismissal would not exist in the indecent exposure case.
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Public indecency is
NOT
DEFINED
as a
sex
offense. Regardless of the disposition, defendant will not be a
sex
offender.
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SEALING
CRIMINAL JUSTICE RECORDS
refer to link for additional information in separate webpage
If a
straight conviction enters to any offense, criminal justice records may not be
sealed in any criminal case.
this is the serious aspect
plea negotiation may not work - not guilty verdict at trial is likely necessary
to preserve eligibility to seal |
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If
the underlying charges are defined as an offense for which the factual basis involved unlawful sexual behavior, as defined in section
CRS 16-22-102 (9) -
sex
offense, (applies to
indecent
exposure) and
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Deferred
sentence to an offense which is not
classified as a
sex
offense, and
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If the case
is subsequently dismissed in its entirety upon successful completion of the
deferred
sentence, then
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NOTE: Defendant is
still precluded from
sealing
criminal justice records pursuant to CRS 24-72-308(3)(c)
If
the underlying charges are defined as an offense for which the factual basis involved
unlawful
sexual behavior, as defined in section CRS 16-22-102 (9)
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sex
offense
- in order to preserve the right to petition to
seal, defendant must obtain either:
a.
flat dismissal of all charges, or
b.
not guilty verdict on all charges at trial
c.
deferred
sentence to any offense won't work
If
flat dismissal or not guilty verdict enters to all charges, refer to the
above link for information regarding
defendant's records of this offense maintained by the
CBI, FBI,
law
enforcement agencies,
courts,
prosecution, and any evaluation or treatment
agencies.
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If the
case is ultimately dismissed as a result of
deferred
sentence successful completion, flat dismissal or not guilty verdict
enters to all charges, refer to the
above link for information regarding
defendant's records of this offense maintained by the
CBI, FBI,
law
enforcement agencies,
courts,
prosecution, and any evaluation or treatment
agencies. |
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Sealing
criminal justice records can only occur if not guilty verdict has
entered with respect to all charges or if all charges have been
dismissed. In an alcohol
prosecution charging
DUI,
DEAC or
DWAI,
if the District
Attorney Office can
make a prima facie case, state
law prohibits flat dismissal.
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Indecent
exposure
IS DEFINED as a
sex
offense pursuant to CRS 16-11.7-102. If defendant is convicted of or accepts a deferred
sentence to any offense in the case with subsequent dismissal,
caselaw
defines defendant to be a
sex offender. That would preclude
sealing
criminal justice records. CRS 24-72-308(3)(c), CRS 16-22-102(9).
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Public Indecency
is
NOT
DEFINED
as a
sex
offense pursuant to CRS 16-11.7-102. If defendant accepts a deferred sentence to that charge
or any other offense in the case with subsequent dismissal, defendant
would still be able to file suit for
sealing
criminal justice records. CRS 24-72-308(1)(a)
Public Indecency
is
NOT DEFINED
as a
sex
offense pursuant to CRS 16-11.7-102. If defendant is convicted of that charge or any other
offense in the case, due to a conviction of any offense, defendant may not
seal
criminal justice records. CRS 24-72-308(1)(a)(I).
If the indecent exposure
charge or public indecency charge is brought in a separate criminal case
independent of the
alcohol
prosecution charging
DUI,
DEAC or
DWAI,
that changes the dynamics because the prohibition against
prima
facie case dismissal does not exist in the
indecent
exposure or
public Indecency case.
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Potential Defenses
Indecent Exposure
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The most common defenses to a
charge of this nature is factual, either challenging the alleged
exposure itself, or the circumstances. Counsel will review the
case for any
jurisdictional
attack and pursue if relevant.
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Potential Defenses
Public Indecency
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The most common defenses to a
charge of this nature is factual, either challenging the alleged setting
- that it was not reasonably expected that the conduct would be viewed by members of the public,
or the alleged act itself. Counsel will review the case for any
jurisdictional
attack and pursue if relevant.
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INDEPENDENT SERVICE PROVIDERS
private investigators * process service
* laboratories * transcription
refer to attorney-client privilege and attorney work product doctrine |
ADVICE
BY LAYMEN
forewarned is forearmed
advice by unsupervised paralegals
& street corner lawyers |
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INDECENT EXPOSURE * PUBLIC INDECENCY
CRIMINAL DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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Probably time to loosen the pocket book and
hire a
defense attorney. |
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Either offense may be
considered a crime of moral turpitude. Indecent exposure is
defined as a
sex
offense with attendance consequences. Your goal when the
case is concluded should be eligibility to file a petition to
seal criminal justice records.
This is simply beyond the ken of most laymen.
You may retain my
services or the services of another attorney, but hire competent defense counsel. |
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At the time of the first visit, a prospective
client will be given a quote for fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Fee quote and costs
trust deposit is dependent upon the facts and circumstances of each individual
case. |
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PUBLIC INDECENCY.
Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
settlement flat fee with trailing trial flat fee 3) trial flat
fee only 4) hourly fees or flat fee at client's discretion.
Attorney determines options to be offered. |
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INDECENT EXPOSURE.
Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
trial flat fee only 3) hourly fees or flat fee at client's
discretion. Litigation costs are not included in fees - client's
obligation. Attorney determines options to be offered. Settlement flat fee is not offered in indecent exposure
cases due to sex offender registry requirement with a negotiated plea. |
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ELECTION.
Offered fee options will be up to the client, however client's initial election will be
final.. |
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LITIGATION COSTS.
Litigation costs are not included in fees -
client's obligation. |
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Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case. Refer to:
a)
first
consultation b)
attorney fees * costs * billings page
c) additional
information. |
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POTENTIAL FEE
QUOTE
PUBLIC
INDECENCY CRIMINAL DEFENSE
PETTY OFFENSE -
MORAL TURPITUDE |
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SETTLEMENT
FLAT FEE
if not charged in
conjunction with a more serious offense |
$2,500
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as a crime of moral turpitude, public
indecency is high risk for
trial |
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TRIAL
FLAT FEE
settlement fee would be
deducted |
$8,500
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estimates not applicable if a more serious offense
or felony is also charged |
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Public
indecency does not cause
sex
offender classification and
registered
sex offender status if a
deferred sentence is
accepted. If records can later be
sealed,
deferred sentence is a possible disposition. This leaves room for
plea negotiations - not much, but some plea negotiation latitude. |
Indecent
exposure may be charged in conjunction with
DUI,
DEAC or
DWAI
or combined with
prostitution.
The circumstances can vary so widely with this type of charge; circumstances will determine
fee quote. Regardless whether filed as a petty offense or in
conjunction with other misdemeanor or felony charges, allegations
of prior conviction or misconduct to be introduced by prosecutors for collateral purpose or aggravation would
affect a fee quote
after consultation. |
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hourly fees may be less than offered flat
fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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PUBLIC INDECENCY CRIMINAL DEFENSE
Petty Offense - Moral Turpitude
TRIAL OR CONTESTED PROCEEDINGS
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
settlement attorney fees paid would be
deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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*
n/a if more serious offense(s)
or felony are also charged
* this shall not
constitute an offer, nor be construed as a binding estimate |
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Use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility. |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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| note:
costs change & below cost information may be obsolete |
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| link to Colorado
Judicial Branch website - current costs
information published by state |
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| direct link to
criminal or traffic court costs - costs change &
lists may be obsolete |
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Potential Expenses |
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Price |
Client Background Search |
| 20.00 |
Offense Report |
| 25.00 |
DA
Office
discovery packet -
estimate (actual may be more or less) |
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25.00 |
State
court jury deposit - (offenses M-3 - 6
months or less jail - C.R.Crim.P. 23, CRS
16-10-109 (non-refundable except by acquittal) |
| 10.00 |
Court records search
& copy costs (actual may be more or less) |
| 10.00 |
Copy expense at
courthouse for prior offense files (estimate - may vary) |
| 75.00 |
Public
Service supervision fee |
| 37.50 |
OJW fee to
court
(outstanding judgment warrant) - anticipating Integral Recoveries
collection agency referral costs |
| 1,000 -
1,500.00 |
Private Investigator
- variable based upon number of witnesses to interview |
| 200.00 |
Law enforcement 911 /
dispatch records, tapes & transcript - widely variable |
| 150.00 |
If relevant, merchant, business or
shopping mall video cam or
rapid photo cam digital files - widely variable |
| 200.00 |
Subpoena
process service
expense - depends on number of subpoenas issued |
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$3 per page 250.00 |
Transcriptionist - law
enforcement 911 / dispatch audio files & investigator interview audio
recordings if relevant |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside El Paso County |
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Alcohol or Substance Testing & Testimony
if Relevant |
| 165.00 |
Toxicology - BAC Ethanol
(alcohol) only |
| 215.00 |
Toxicology
- BAC Ethanol
(alcohol) + NaFl (preservative) |
consult counsel or
lab
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Toxicology - UA
qualitative or
quantitative toxicology screen for marijuana, substance quantitative
toxicology screen for marijuana or
qualitative and quantitative drug screen |
3,000
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Laboratory
- Toxicologist testimony hourly fees and travel mileage - if
expert testimony relevant
misdemeanor hourly rate $350 - 5 hours
travel time + minimum 1.5 hours court time |
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NOTE |
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prudent defense strategy: 1) place law enforcement
911 * dispatch tapes, audio tapes or video files (if any), plus other
law enforcement
records under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records.
2) immediately subpoena video or audio tapes and security
camera digital files from any relevant merchant, business or mall if
alleged in a public setting. 3) police officer and witness interviews
conducted by a
private investigator. |
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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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POTENTIAL FEE
QUOTE
INDECENT EXPOSURE CRIMINAL DEFENSE
MISDEMEANOR -
MORAL TURPITUDE |
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Due
to the severity of
sex
offender classification and
registered
sex offender status if a deferred sentence is accepted, defendant
pleads guilty to or is convicted of any offense
(including a non-sexual offense), this type of case is
commonly non-negotiable. Attorney offers only hourly fees or a trial
flat fee. Settlement flat fee is not offered. |
Indecent
exposure may be charged in conjunction with
DUI,
DEAC or
DWAI
or combined with
prostitution.
The circumstances can vary so widely with this type of charge, those
circumstances will determine |
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Above estimate is
limited to misdemeanor indecent exposure charges. If filed as a
felony or in conjunction with other misdemeanor or felony charges,
trust deposit for attorney fees and costs
would be subject to a quote after consultation. Regardless
of misdemeanor or felony charges, allegations
of prior conviction or misconduct to be introduced by prosecutors for a
collateral purpose or sentencing aggravation would affect a fee quote
after consultation. |
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hourly fees may be less than offered flat
fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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INDECENT EXPOSURE CRIMINAL DEFENSE
Misdemeanor - Crime of Moral
Turpitude
TRIAL OR CONTESTED PROCEEDINGS
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify
felony charges or
other serious criminal allegations would change this estimate |
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* this shall not
constitute an offer, nor be construed as a binding estimate |
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Use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility. |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
|
trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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Costs:
refer to costs identified in the
public indecency section above |
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Thank you for considering my
services; I appreciate your inquiry.
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feel free to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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MAJOR SEARCH
ENGINES
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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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indecent exposure, public indecency, registered sex offender, arrest, defense, petty offense, misdemeanor, felony, DUI,
DWAI, DEAC, expose, genitalia, genitals, public indecency, public sex, Colorado Springs,
Colorado, court, lawyer, attorney |
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Website Copyright © 2003 -
All Rights Reserved - Document Revised
January 30, 2012
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
July 22, 2011 |
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