busted. advice?

igor · #1 09-08-2002, 04:10 PM

i was at an "unofficial nude" beach north of chgo and got ticketed for a class B misdemeanor for "unlawful nudity in a public place." while i was definitely guilty of that, what happens if i just plead guilty and pay the fine ($75)? does anyone know what goes on my record? court could be more costly than the fine and i would have to take time off from work to go to court and travel and kid-transport wise that would be a hassle as well. closest others (obviously except the officer who came over the dunes) were probably 75 yards away. dumb thing was, i was just going to leave in about 15 minutes and just, for the first time today, taken off my suit to dry out.
any advise and/or info would be appreciated.

igor · #2 09-08-2002, 04:10 PM

i was at an "unofficial nude" beach north of chgo and got ticketed for a class B misdemeanor for "unlawful nudity in a public place." while i was definitely guilty of that, what happens if i just plead guilty and pay the fine ($75)? does anyone know what goes on my record? court could be more costly than the fine and i would have to take time off from work to go to court and travel and kid-transport wise that would be a hassle as well. closest others (obviously except the officer who came over the dunes) were probably 75 yards away. dumb thing was, i was just going to leave in about 15 minutes and just, for the first time today, taken off my suit to dry out.
any advise and/or info would be appreciated.

Gary Naturist · #3 09-09-2002, 03:05 AM

If I were you, I wouldn't be in a hurry to plead guilty. I'd suggest doing some research first regarding the significance of a class B misdemeanor. If your "offence" is equivalent to jaywalking, no problem, otherwise ...

Notwithstanding what the law says, courts are not inclined to convict if nudity is at a distance.

Did anyone complain? It may not be enough that the police officer saw you, without a specific complaint.

Were others there who were nude? Were they charged?

Did the dunes hide you at all? Were you lying down or standing up? Given the distance, you might be able to argue that nobody could have seen anything of significance.

What sort of detail can someone see at that distance? Show a photo of you at 75 yards that demonstrates what one can't see.

You may have lots to work with.

Gary

Burntbuns · #4 09-09-2002, 08:30 AM

You need a lawyer. B misdemeanors are not to be screwed with. you may be able to ask for an adjournment in contemplation of dismissal. essentially, first offender status. you stay out of trouble for a year and they forget the whole thing. pleading guilty may be the equivalent of a "sex offender". be real careful. don't let the prior replier who couldn;t figure out how to send the message only once be your legal counsel.

CAPE COD NUDISTS · #5 09-09-2002, 01:08 PM

Igor,
Take the advice of Burntbuns. Talk w/an attorny. I'm a police officer in Mass. and this would be considered the crime of indecent exposure. One that would require you to register as a sex offender. Be careful and think it through as there may be severe consequences later on. [img]/infopop/emoticons/icon_frown.gif[/img]

Gary Naturalist,
As a police officer we do not need a "complaint" to take any legal action such as giving a ticket or arresting people. If the officer saw Igor naked that is enough.

TXK NUDE · #6 09-09-2002, 04:01 PM

In the state of Texas, at least in Ennis County, public nudity is a class "C" misdemeanor, only slightly worse than a traffic ticket, and only applicable if someone presses charges...otherwise it's a Disorderly Conduct charge and written off with a warning, like a bar brawl.

It WILL go on your record, but may only be local...not nationwide. It usually shows up as "Public Indecency", or "Disturbing the Peace", depending on what the arresting officer sees as the greatest problem, your nudity, or the outcry of the public over your nudity.

Trust me on this...at least if you are ever in Texas...I know first hand! :-) Up north, with them uppity Northerners in Chicago...check it out, like has been previously posted.

Gary Naturist · #7 09-10-2002, 06:35 AM

Sorry about the triple post above. It was the system, not me.

Gary

igor · #8 09-10-2002, 07:51 PM

thanks for the feedback, folks. i have contacted a lawyer and we are discussing options. fyi, no one filed a complaint. the oficer said if someone had. it would be a felony. there were others on the beach, further down from me. the officer even remarked to me that "my friends" (i said i didn't know who they were) were lucky they were further down. i was sitting in a portable beach chair, not walking around. except for the view towards the dunes, no one could tell i was nude, i don't think. and i usually keep an eye out for others to cover up if necessary, but i was reading a book and i guess i got too involved in it.
anyway. thanks again for your input. i will keep you posted, if you want to know how it turns out.

igor

Gary Naturist · #9 09-16-2002, 01:46 AM

If I understand correctly, you are charged with a misdemeanor only, because no member of the public complained.

Good luck and do let us know how things work out.

Gary

igor · #10 09-20-2002, 07:09 PM

yes, gary n, that is what i understood from the officer's comment. we have requested a hearing. no date set. i will keep you posted. needless to say, i am still worried about the outcome.