Yes. In many cases, a Fullerton public urination ticket can be kept off your criminal record.
Although these cases are typically charged as misdemeanors, they are usually prosecuted by the Fullerton City Attorney rather than the Orange County District Attorney’s Office. In my experience, the Fullerton City Attorney’s Office is often more willing to negotiate practical resolutions. When handled properly, many of these cases can be resolved as an infraction or even dismissed instead of ending with a misdemeanor conviction. The sooner you begin working on your defense, the more options you generally have.
Many Fullerton public urination cases are supported by surprisingly little documentation. In many cases, officers issue citations with only brief notes instead of detailed reports. Those weaknesses can make a significant difference when the case is reviewed in court.
Because officers issue so many public urination citations in Downtown Fullerton, they frequently make only brief notes on the citation instead of preparing detailed reports. Once we receive discovery, we compare those notes with the evidence and evaluate whether the prosecution can actually prove the case beyond a reasonable doubt.
Sometimes those missing details create opportunities that simply are not available in other types of criminal cases.
After you receive a citation for public urination in Fullerton, the officer will release you with a ticket instead of taking you to jail. The citation will contain your court date, the courthouse where you must appear, and the charge against you.
The next step is usually hiring an attorney before your first court date. In most cases, your attorney can appear on your behalf, so you do not have to personally appear at the arraignment.
The first court appearance is called the arraignment. This is where the court formally advises you of the charge and where your attorney can begin obtaining the evidence the prosecution intends to use against you. That evidence is called discovery and may include the citation, the officer’s notes, police reports, photographs, videos, and any other evidence the City Attorney plans to rely upon.
Once the discovery has been reviewed, your attorney can evaluate the strengths and weaknesses of the case and begin negotiating with the Fullerton City Attorney. Depending on the facts, those negotiations may result in a dismissal, a reduction to an infraction, or another resolution that avoids a misdemeanor conviction. If an acceptable agreement cannot be reached, your attorney can continue challenging the case through the court process.
The outcome of your case can make a significant difference. Some people leave court with a misdemeanor conviction that becomes part of their criminal record. Others are able to resolve the case through a dismissal or an infraction, helping protect their record and avoid many of the long-term consequences that come with a misdemeanor conviction.
One mistake I see repeatedly is people walking into court and simply pleading guilty because they think it’s “just a ticket.” Unfortunately, it is much more than that. A misdemeanor conviction can remain on your criminal record and follow you long after the case is over. Most of the people I represent are young professionals, college students, or people just starting their careers. Protecting your record is often far more important than simply getting the case over with.
Another mistake I see is people receiving the citation and forgetting about it altogether. They put the ticket in a drawer, assume it will go away, and never appear in court. When that happens, the judge will usually issue a bench warrant. A bench warrant authorizes law enforcement officers to arrest you if they come into contact with you. What started as a relatively minor offense can quickly become a much bigger problem simply because the court date was ignored.
Most public urination cases in Downtown Fullerton follow the same pattern.
People spend the evening eating and drinking at the restaurants and bars downtown. The problem is that many of these establishments were originally designed as restaurants, not large bars. They simply do not have enough restroom facilities to handle the crowds that develop around closing time. Long restroom lines become common around 11:00 p.m. and midnight.
After several hours of drinking, many people decide they cannot wait any longer. They leave the restaurant, walk into a nearby alley, parking structure, or parking lot, believing they can quickly relieve themselves without anyone noticing. Unfortunately, these are often the exact locations where Fullerton police officers are waiting because they know these areas are common problem spots.
In most cases, the prosecution relies primarily on the officer’s observations.
Unlike many other criminal cases, there is often no lengthy police report. Instead, officers usually issue a citation with only brief notes describing what they observed. The prosecution’s case often comes down to the officer’s testimony about where you were, what they saw, and whether they believe you violated the city ordinance.
Because officers issue so many public urination citations, they often have difficulty independently recalling the specific facts of each individual case months later.That lack of detail can become an important negotiating tool. In many cases, we are able to use these weaknesses to obtain an infraction or dismissal instead of allowing the case to end with a misdemeanor conviction.
A Fullerton public urination ticket is serious. A person cited for a Fullerton public urination will have to decide whether they want to fight the charge or plead guilty and accept the misdemeanor. The differences here are significant and can have a long-lasting impact depending on how you handle the criminal proceedings.
In one case, our client and a friend were both cited after urinating near a dentist's office in Downtown Fullerton. After appearing in court, no charges were filed against either client on the very first court date.
Be cautious of attorneys who automatically equate a public urination citation with sex offender registration. Those are separate offenses with very different legal consequences.
Technically, a misdemeanor carries the possibility of jail. In reality, people charged only with public urination in Fullerton almost never receive jail time. Much more common outcomes include community service, fines, classes, or negotiating a reduction that protects your record.
Make an appointment and stay out of jail
Ordinance No. 2343 in Fullerton Says: No person shall urinate or defecate in a:
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).
City officials had meetings back in 2008 that aimed to rein in on rowdy revelers and excessive alcohol consumption. These meetings resulted in a Zero tolerance policy in the city of Fullerton about urinating in public in Fullerton and have directed the officers to cite them and send people to Fullerton Superior Court.
However, the thing about downtown 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. This usually happens around closing time. Bars close and people leave.
The typical patron in downtown does not have the chance to use the restroom. There is only one or two toilets in each restroom and not 6-7 urinals as in most bars. Many people will have to relieve themselves after drinking for several hours. The obvious thing to do is to go out to one of the many parking lots or take a walk down to Commonwealth and to relieve yourself.
Because this occurs a lot in downtown and city officials have wanted to clean up, they have instructed the police department to be writing the citations for these offenses. But one thing they have disregarded is that these citations can result in a negative criminal background check
If you are a full time student at Cal State Fullerton then you subjected to the student council. The student council governs academic intregrity honesty, however they also delve into alcohol misuse, ability to manage stress, and come into play when students break the law. These actions result in an admistritive hearing at the person’s school.
Behavior within the campus community which violates local, state, or federal law – such as the use, possession, or sale of illegal drugs, theft, hazing, etc.
What Behavior Can Result to a Referral to Student Conduct ?
Academic Integrity isn’t the only thing our office enforces. Any of the behaviors below could also result in your referral to a member of the student conduct team:
Alcohol Misuse can cause many problems for students – behaviors such as underage drinking, drinking in public, drinking and driving, vandalizing property while intoxicated, engaging in fights, public urination, sexual assault, etc.
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.
One thing I’ve learned after defending these cases for years is that the people I represent are almost never criminals. They’re teachers, engineers, students, nurses, parents, or young professionals who simply made a bad decision after leaving Downtown Fullerton. That’s why I spend more time focusing on protecting their record than lecturing them about what happened.
Continue Reading about Public Urination Charges
Public Urination in Old Town Orange
Does Urination Tickets Go On your Record?
Seriousness of Fullerton Urination
How Young Adults Get In Trouble
