Legal Question in Criminal Law in California

Re: misdmeaner charge

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that a separate code section, 7.110.030, makes the code section you've cited a misdemeanor, which in turn is punishable by up to one year in jail, and a fine, which, including assessments, makes the total fine almost $3,000. Any misdemeanor or felony crime is "serious", and you won't find an attorney that will tell you to treat this less than seriously.

However, as someone that's practiced in Fullerton over 13 years, I can tell you there are strategies that can help your son with this particular charge. Note that the code says:

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).

As you can see, the code itself contains a defense, and elements that must be met before your son can be found "guilty" of the charge.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

Re: misdmeaner charge

It's up to him. Does he think he can play lawyer against the experienced attorneys in the prosecutor's office? Obviously, it is not an earthshaking major case, but an attorney can generally get a much better 'deal' than a 'pro per' is offered, that's why attorneys are in business. Feel free to contact me if he decides he wants counsel. It may be possible to get a deal that avoids a conviction on his permanent record.

Re: misdmeaner charge

All misdemeanors are a matter of concern. They carry a hefty fine, jail time, and remain as a criminal record. I have been successful having similar charges reduced to infractions. Contact me directly.