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Why would an individual who exposed themselves and then resisted arrest only be charged with disorderly conduct?
Anonymous7 views3 answers
There is a man living in our apartment building who has always been a bit of a menace. In the past, he has committed a number of acts that make all the rest of the tenants fear for their safety. Yesterday, he exposed himself in our parking lot (his genitals were clearly showing) and then resisted arrest; about half a dozen people witnessed this. However, he has only been charged with Disorderly Conduct. I would like to know why they would charge him with Disorderly Conduct as opposed to Indecent Exposure and Resisting Arrest, and if there is any way the eyewitnesses could get the correct charges brought against this person.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
You all can go to the police and file a report letting them know you believe he should be facing more serious charges, but it is really up to the police and prosecutors to decide what to charge him with and they have a lot of discretion. It may be that they believe this individual suffers from some mental illness which warrants charging him with less serious crimes.
The DA's office reviews the police reports and decides whether to charge a case. Generally, if there is probable cause to believe a crime has been committed and that a particular person has committed that crime, then the DA will make the charge. Ultimately, though, it's up to the DA as to whether or not they will proceed. Although the guy may only be charged with Disorderly Conduct now, the DA can still add additional charges. I would call the DA's office and find out why additional charges haven't been added yet, and put the DA in touch with your neighbors, who have the recordings. You may also consider taking out a stalking order against the guy if there have been repeated threats against you.
