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Urinating in Public - Misdemeanor - Fullerton Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by jayhawk23, Jan 24, 2015.

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  1. jayhawk23

    jayhawk23 Law Topic Starter New Member

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    Hello,
    I was charged with a misdemeanor citation for urinating in public in Fullerton, CA.

    The specific violation i was cited for is as follows:
    fumc7.110.010 Public excretion.
    No person shall urinate or defecate in a: A. Public place;

    I do not have any priors, and am about to graduate from college. My law terminology is not great. I was just wondering what to except when I show up for my first court date, In my particular case. I have read that some people have settled for "pleas"? I don't have a lot of money to hire an attorney, unless I reach out and get my parents involved, something i want to avoid. I do not want this to go on my criminal record because I had a bright future prior to my crime. Does anyone have any advice or experiences? Is a defense attorney needed in my case? How should i prepare?
     
  2. CdwJava

    CdwJava Moderator

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    If this is to be tried as a misdemeanor subjecting you to the possibility of jail time, you will be eligible for appointed counsel if you lack the resources for your own hired attorney. However, it is more likely that this will tried as an infraction in traffic court. You should know where it is to be heard at or before your arraignment (the first court date).

    If it is an infraction, you should not have to disclose the conviction to any potential employers.

    As for a plea, that might be possible if this is tried as a misdemeanor ... you'll have to either hire an attorney to deal with the prosecutor, or, try it yourself.
     
  3. jayhawk23

    jayhawk23 Law Topic Starter New Member

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    CdwJava,
    My arraignment is at the North Justice Center in Fullerton California. According to the Fullerton municipal code the penalty of my citation is: "7.110.030.
    Any violation of this chapter is a misdemeanor. (Ord. 2825 § 20, 1992)."
     
  4. Betty3

    Betty3 Super Moderator

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    You "might" want to hire/talk to a lawyer.
     
  5. CdwJava

    CdwJava Moderator

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    While cited as a misdemeanor, these are typically handled as infractions in traffic court.
     
  6. jayhawk23

    jayhawk23 Law Topic Starter New Member

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    Okay these are encouraging words! Thank you for your time.
     
  7. jayhawk23

    jayhawk23 Law Topic Starter New Member

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    do you usually need an attorney for these to be handled as infractions?
     
  8. CdwJava

    CdwJava Moderator

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    Not usually, no.

    Most cities - or county District Attorneys - are not willing to proceed with these matters as misdemeanors because that means you have a right to a jury trial. These can be far more expensive and time consuming than an infraction.

    What happened at your arraignment?
     
  9. jayhawk23

    jayhawk23 Law Topic Starter New Member

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    My arraignment is this Monday. I spoke to an criminal defense attorney who deals with these types of cases at the courthouse I will be at. I am not sure whether he was just trying to take my money and stand in court to accomplish something i'd be able to accomplish on my own (infraction or dismissal w/ a donation).
     
  10. CdwJava

    CdwJava Moderator

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    An attorney never hurts. But, it may be a few dollars for nothing. I have no way of knowing as I am not in your neck of the woods, so it might be best to err on the side of caution.
     

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