Legal Question in Criminal Law in California
I was recently cited in Fullerton, CA for Public Urination 7.110.010a
Facts of the case:
- I was preparing to urinate on private property, when the officers arrived.
-When they arrived, I was facing away from the street; upon their arrival, I turned and faced them, buttoning my pants.
- When they asked if I was urinating, I answered, truthfully, that I wasn't (I was preparing to urinate, however.)
-they asked why I was buttoning my pants. I said I had a loose button, which had come undone. (which I did, when I initially buttoned my shorts they became undone, and I needed to button them again.)
-I was written a citation for public urination.
- I did not actually urinate, and the officers did not attempt to collect any evidence that I had.
Basically, the officers witnessed me in a position common to a person that had just urinated, but I had not. They never said they saw me urinate, only that they saw me buttoning my pants.
- It was 11 at night and visibility was bad.
My question is, does it matter that I had the intention of urinating? Can I fight this?
Many thanks,
Rob
3 Answers from Attorneys
Yes, you can fight the charge, and based on the information you have given, you have a very strong case. However, what matters most is what is actually in the Police report (in addition to any other evidence in your case). You will want your attorney to review that with you as you make your decision on how best to proceed.
Just because it's a Fullerton Municipal Code violation and not a murder case doesn't excuse the police from a decent investigation. The DA is going to have to prove beyond a reasonable doubt that you committed this offense.
There can also be an issue with the admissibility of your statement. The DA cannot use your statement to convict you unless they have proof independent of your statement of the elements of the offense. If the investigation was flawed, then the DA may not have sufficient evidence to allow them to use your statement.
The specific facts as alleged in the police report will matter and impact my analysis.
Nobody can know your intention, all they can testify to is what they saw. If there was no urine sample taken, it obviously strengthens your defense. You should fight this, because it is a charge closely related to 'exhibition' which is a sex offense crime. If serious about doing so, feel free to contact me for the legal help you'll need.
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