Clients Indecent Exposure Charge Results in Not Having to Register as a Sex Offender
No Sex Offender Registration
My juvenile client was about to graduate and go to a reputable 4 year college. However, in his senior year at high school he decided to let a counselor know that he had a crush on her by exposing his erect penis while he sat across her desk in a counseling session on college scholarships. The counselor was not flattered and immediately summoned the vice principal who summoned the police. It appeared as if mandatory lifetime sex offender registration lay in my client's future. Additionally my client was now facing three cases: (1) a civil harassment restraining order; (2) school expulsion hearing; and (3) juvenile court petition.
In the end we won two out of three even though I think that we could have won all three. My client received a suspended expulsion from his high school and graduated with his class. Additionally, we met with my client's probation officer and were successful in not having her forward the report to the Santa Clara County District Attorney's Office. My client never had to go to juvenile court for this offense and would never have to register as a sex offender. Lastly however, I believe that the judge who issued the restraining order against my client abused her discretion and misapplied the law. My client's only remedy was to appeal and he was content not to do so given that he would be able to move forward substantially unscathed by the experience.