Legal Question in Criminal Law in California

Urinating in public and Megan's Law

I was given a citation for urinating in public and have a few questions. 1). I was not read my miranda rights and was cuffed and taken to the station. Was this the correct procedure? 2). If I am given a fine and pay it, will I have to register as a sex offender?


Asked on 2/26/04, 9:04 pm

2 Answers from Attorneys
robert nudelman criminal defense associates

Re: Urinating in public and Megan's Law

Thank you for your email. I will need to know a little more information about your case before I can answer your questions. Please call me at (800) 313-9619 during business hours tomorrow.

ROBERT NUDELMAN, ESQ.

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Answered on 2/27/04, 12:09 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Urinating in public and Megan's Law

Many people mistakenly believe that an arrest is void if police don't provide a Miranda warning. It's not true. Miranda warnings are only necessary when police are questioning someone who is in custody (whether someone is in custody is a very fact-dependent question; custody need not involve actual arrest or confinement). Even then, if police fail to give the proper warning the only consequence is that the prosecution cannot use any evidence obtained as a result of the improper questioning. The arrest itself is not tainted, and if there is enough other evidence the defendant can be charged and convicted.

If the police officer saw you urinating in public, then his eyewitness testimony will be enough to secure a conviction. He probably didn't question you at all, and even if he did there would probably be no need to use your answers in order to prove your guilt.

And no, you will not need to register as a sex offender if public urination was the only charge.

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Answered on 2/27/04, 9:26 am


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