Legal Question in Criminal Law in Washington
failure to appear at arraigment
If someone receives a ticket for urinating in public and cannot attend the arraigment on the court date, do they have any other options? What kind of offense is urinating in public? If guilty, will this be on a person's record and for how long?
1 Answer from Attorneys
Re: must appear at arraignment or have attorney appear for you
You are required by court rules to appear at all hearings in a criminal case. There are exceptions - an attorney can appear and enter a plea of not guilty on your behalf on certain charges (Urinating in public is one such charge).
You could request a continuance, but courts generally will not reset the matter beyond an additional week. Court rules also require that you be arraigned within a couple of weeks after the charge is filed.
Another option to consider is requesting an agreement from the prosecuting authority for a ''bail forfeiture'', a monetary penalty only that constitutes a final disposition. Paperwork will need to be presented to the court if you do not appear in person. A bail forfeiture is not technically a conviction, but has the same effect in many ways.
Urinating in public is a misdemeanor. The penalties under state law are a maximum 90 days in jail and $1000 fine. (This is the maximum, not what is imposed.) There is no mandatory minimum sentence.
If you were charged under a municipal criminal code, the penalties may be different.
Under current statutes, a misdemeanor conviction can be vacated 3 years after completion of all conditions of the judgment and sentence, provided you have not subsequently been convicted of a crime and have never had another conviction vacated. You may also be eligible to have the conviction sealed.
Vacating the conviction precludes dissemniation of conviction information by law enforcement agencies; however, the information is still available to the public. Sealing prevents anyone from obtaining information from the court or the Washington State Patrol.
The foregoing general information may be helpful, but the number of questions, as well as the concerns, you raise indicate that you would benefit from retaining an attorney. Knowledge is the key to making informed decisions, particularly in matters that can have enduring significance.
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