Obscenity is a felony charge. All obscenity charges in Monroe, Louisiana are taken seriously. This is exactly why you should treat yours as urgent. It is classified as felony meaning that you may spend at least 6 months behind bars. To ensure that you do not get to spend even a day behind bars, it is of utmost importance that you hire a criminal defense attorney to represent you in the courtroom.
One of the main reasons why it is advised that you hire an obscenity defense lawyer in Monroe is to ensure that you do not get to spend time behind bars. Spending even a single day in jail may affect you negatively and in the process damage everything you've spent years working for. To prevent this from happening to you or your loved ones, it is best that you hire a criminal defense attorney to help you out.
Basically, an obscenity charge occurs when an officer of the law arrests an individual for allegedly committing obscenity. While obscenity is not protected under the First Amendment, there are three tests referred to as Miller tests that will help to determine if any given material is considered obscene. The tests are;
1. If the individual with content is applying contemporary adult community standards finds out that matter that is taken as whole appeals to the prurient interest. Prurient here means an erotic, abnormal, lascivious, shameful, and degrading, or morbid interest in sex, excretion, and nudity.
2. Whether the individual applying contemporary adult standards finds out that the matter describes or depicts sexual conduct in an offensive way. According to the test, offensive way here means normal or perverted, ultimate sexual act, simulated masturbation, excretory functions, and lewd exhibition of the genitals.
3. Whether an individual or a reasonable person finds that the matter that is taken lacks serious artistic, literal, and scientific value.
According to these tests, any material that is in satisfaction with any of these tests is considered obscene. According to the laws of the country, it is illegal to have an intent to sell or distribute obscene content and information.
Once you are arrested for obscenity, the prosecutor will have to determine whether or not charge the defendant with obscenity after formally reviewing the police reports that have been penned down by the police officer that made the arrest. The actual charge is carried out by the prosecutor and he may choose to have the case closed if he deems it fit. This is why it is of utmost importance that you have an obscenity lawyer that will step in as soon as you are charged with this case. An experienced and well-trained obscenity defense lawyer will step in to communicate early to ensure that the prosecutor drops the case. Once you are charged with this case, the first thing to do would be to hire the services of a well-trained and experienced defense attorney to handle your case.
Unknown to most people, obscenity is a serious crime in the country and it is classified as a felony meaning that an offender may be sentenced to prison with or without hard labor. To prevent this from being your fate, it is only wise that you hire the services of a well-trained and experienced criminal defense attorney.
One of the most common forms of obscenity is when an offender deliberately decides to expose himself in front of others. To further clarify this, a woman deliberately exposing her breast for no reason can be charged with an obscene case. In addition to this, if a man decides to intentionally show his genitals to others in the public without any reason he will definitely be arrested and charged with obscenity.
Basically, what qualifies as obscene is left to the idea of the presiding judge and jury. It is simply a judgment call for them. If the case cannot be worked out without having to appear before a judge, an offender will have to choose to have a trial. At this trial, the prosecutor will try to provide evidence that will show that the act can be classified as obscene. Based on the life experience of the juror, the action may be classified as obscene or not.
Depending on the life experience of the juror, obscenity may be classified as a felony and this simply means that you may have to spend months behind bars. The effect spending even a second behind bars will have on your life is one of the main reasons why it is advised that you seek ways to ensure that you do not spend even a daily in prison.
The best way to go about it is to hire the services of an experienced and well-trained defense attorney to present you in court. An experienced obscenity lawyer understands that any obscene case is unique and should be treated as that. Having understood that, the criminal defense attorney will look for ways to present the case to the jury in such a way that they will have no other choice than to have it dismissed.
One of the leading and experienced defense lawyers in the country Carl Barkemeyer is currently offering his services to people in the country. The best way to go about this type of case is to have witnesses present to testify. With his level of experience in the industry, Carl Barkemeyer is skilled at cross-examining witnesses brought forward by the prosecutor. He understands that things are not the way they should to the witness and that is why he will make use of various strategies to ensure that this case is overturned.
While Carl Barkemeyer does not guarantee 100% success, you can be confident that he will do his best to ensure that you walk out a free man or woman. Contact us now to get the process started.