Fullerton Public Urination Attorney
Is it a Crime?
So you're out there and downtown Fullerton, it's about 12 o'clock you've been drinking all night and you want to use the restroom and it's crowded. You decide I'm going out in the alley and going to use the restroom. Nobody's looking and you get caught by the Fullerton Police Department. . The ultimate question you want to know is, is this a crime? The typical lawyer answers depends, but there is a way to get away from it even if it is. .
Okay, so I've seen this all the time. You're out there at night and you've been hanging around at downtown Fullerton from nine until maybe 11 o'clock 12 o'clock a, you want to get out, you don't want to go out there and take a piss out in the road. But the thing about downtown Fullerton is these establishments are not bars. The restaurants don't have five or six urinals. They have one toilet and when these restaurants double up as bars at night, that's when you see a long line of people at the end of the day. You know that when you line up to go use the restroom, that's six or seven, eight people deep and you need to go. Nobody's looking then you decide to go out into the parking lot handle your business.
What kind of Charge is it?
A public Fullerton public urination is charged as a misdemeanor. This has the potential to go on your criminal record. Fullerton police department along with other police departments have taken steps to aggressively enforce this law. This crime occurs a lot in downtown Fullerton. This usually happens around closing time. Bars close and people leave. The problems are some many people will forget to use the restroom as they leave. This in combination with alcohol moving thru the system will cause a sudden urge to go. Some people for one reason or another will not be able to leave. When this happens and a police officer is around this will result in a Fullerton public urination case. It’s never wise to cough up and take a guilty plea for this. The result will be a misdeameanor on your record. This is difficult undo after pleaing guilty. The reason is because many public urination cases happen when a person is in their 20’s. Often times these charges will play catch up later in life when a person is applying for a job. If this is charged as amisdeameanor then you MUST consult with attorney immediately. Having an attorney can mean the difference beween having your case dismissed or having a criminal record.
Recent Case Results - Fullerton Public Urination Municipal -Code 7.110.010
- Client Caught Urinating Next to Kentro
- Case Dismissed
- Police Caught Female Squatting Next to Car
- Case Dismissed
- Client left Heroes at 1:50 and Urinated in Parking lot. Police officer pulled out.
- Case Dismissed
- Client Caught in parking lot.
- No Charges Filed
Caught Urinating on Dentist Office
- Client Caught in parking lot along with friend urinating.
- Both people charged
- No Charges Filed First Day of Court
- Client Caught urinating next to Ice Bomb and drunk
- Dismissed for $300.00 donation.
Hire an Attorney with a proven Track Record
What happens next? It's a little different depending on what the ticket says. The officer sees you either before, during, or after. I've seen people get get busted for attempted. They haven't been started yet and the officer gets them. I've seen people get caught red handed and I've seen people walk away from puddles. What happens next is the officer will write you up, however, after he writes you up, he'll give you a ticket or what we call a citation. The citation should have a date of appearance at the Fullerton courthouse on Berkeley street and if you look at it, you'll see whether or not it's a misdemeanor or an infraction. That's what determines whether or not your case will be charged and how would it be charged. Take a look at it. If you see an M circled, then chances are it's going to be a misdemeanor.
A Fullerton public urination citation is serious business. A person cited for a Fullerton public urination will have to decide whether they want to fight the charge or roll over and plead guilty. The differences here are significant and can have a long lasting impact depending on how you handle the criminal prooceedings.fullerton public urination ticketfullerton public urination ticket
Unless a misdemeanor is not something that you worry about them, go ahead and just go in there and take the charge. You're not going to go to jail for it. You're not, you know, it's not a jail type of case. This is especially true if you have a clean record and you want to keep your record clean. Or if you're a college students or you know, let's say for instance you going towards some kind of teaching credential or you're going to get licensed someplace, you would want to keep the record clean and get some kind of dismissal of the case.
Long Term Consequences of a Fullerton Public Urination Conviction
Somewhere down the road a person may apply for a job. A person will face a crossroad of answering yes or no to the question of “have you ever been convicted of a crime” and the person will have to say yes if he or she wants to be truthful. There are pros to pleading out quick. The first of which is the person does not have to hire an attorney and will save on the attorney fees. The second ones is the person will be able to reopen his case and dismiss it if he knows how. (Assuming probation was given and he completed probation without any trouble) However, one also must consider the downside. The cons include having a criminal record which will have the possibility of following you for life. The person will have to answer for the Fullerton public urination for the rest of his life unless he takes care of it.
A misdemeanor involves and maximum in this case, six months in jail and a thousand dollar fine. I could tell you right now, even without an attorney, no matter you know whoever the heck tells you that you can go to jail, you are not going to jail for this. What you do have to worry about though is being charged with a misdemeanor on your record. That is what you need to get away from. If you want to get away from the misdemeanor, there's a few ways you can handle this. You have the option of going to jury trial or you have the option to do some kind of negotiation where you work out a deal with the prosecutor.
Now with the misdemeanor, public urination is not the end of the world and I always advise people to, lawyer up and have a professional handle this for you. But I can tell you right now that if you get an attorney to get in there and negotiate out this case, you'll be in better hands.
However, let's say for instance, for one reason or another, you can't afford an attorney. You can get a public defender to go in your place. So guys, it's not the end of the world and girls as well, this happens to everybody, but being charged with a misdemeanor does not mean that it's going to stick. The state has a ton of things they have to do. They have to prove you guilty beyond a reasonable doubt and at the end of the day, nobody is going to go to a jury trial for public urination tickets.That's crazy. Can you imagine the juries, if you have a question about your case, if you have a current public urination case going on right now reach out to our office.
Avoid the long term consequences of a misdeameanor
No person shall urinate or defecate in a:
A. Public place;
B. Place open to the public or exposed to public view; or
C. Private place entered without consent of the owner, his agent, or the person in lawful possession thereof.
This section shall not apply to urination or defecation in any fixture provided for such purposes in any bathroom, restroom, dressing room, or similar facility. (Ord. 2343 (part), 1981).
Defenses to a Downtown Fulerton Public Urination Case
Lots of things have happened with the Fullerton police department lately. There has been many controversies involving police misconduct. One of the fallout of these is the introduction of the body camera to the police officer. This is significant in a public urination case because often times people are already done peeing when they are approached by a police officer. It this is the case then having the video of the officer’s body camera will help a lot in the case and would lead to a dismissal of the charge. However, if it does not seem good then it is a good idea to not request the body cam of the police officer as it would cause problems for the case. It’s always a strategic call.
On top of this, there are certain standards the state must be prove until they can convict you for a charge of a misdemeanor.
There are Burdens of Proof the State must Show. It is not easy to meet this proof. In addition police officers can not play it fast and loose with the digital technology out these days. Gone are the days when an officer can say that the suspect confessed to the crime when he never did. This is due to the audio recording that is mandatory on police officers. In addition to this, officers must also wear body cams.
Fight Your Downtown Fullerton Misdeameanor
Using Your Clean Record to Dismiss the Case
In certain cases, we are able to use your clean record to make a difference on your case. However, this will only work on people with the cleanest records. The argument that would be made is that there is a bright future ahead for you and a misdemeanor will negatively affect you. For example, John enters a guilty plea and gets put on diversion then he goes out to Macy’s at South Coast Plaza and steals some clothes and gets caught then this guilty plea will be sued against him. There will not be much for the charging agency to do because the plea was already entered.
Dismiss Downtown Fullerton Misdeameanor
About Hieu Vu
Fullerton's Public Urination Defense Attorney
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“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu