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Thoreau (T-USA)
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I recently received a citation for urinating in public. I have

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I recently received a citation for urinating in public. I have 2 misdemeanors on my record and was curious what I would likely be facing punishment wise and if it is worth retaining a lawyer? The citation says $1000 fine or 6 months in jail...do you have any advice?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 3 years ago.




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While jail time is possible for public urination, individuals are typically fined for such an offense. That said, prior convictions can affect the outcome on a legal matter and, if an individual has a history of convictions (especially when it's a history of the same offense), jail time can become more likely with each subsequent conviction.

It would be impossible to predict your possible sentence. However, jail time is a possibility and the fine can be quite high. You would be prudent to retain an attorney so that your attorney can represent you in the matter, defend you as necessary, and negotiate with the state as may be appropriate.

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Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Relist: Answer quality.
I have 2 prior legal offenses on my record (a DWI over 4 years ago and a disorderly conduct about 2 years ago). There was no sobriety text/breathalizer so there is no indication that my recent citation for urination in public was alcohol related but how can that affect my possibility of jail time...is this charge a misdemeanor offense and would it be on my legal record as such if convicted?
Expert:  Thoreau (T-USA) replied 3 years ago.
Please don't use the relist feature. I'm not notified when you do, so I don't know that you have further questions. I accidentally discovered your follow-up. This is why the reply has taken 30 minutes instead of 3 minutes. In the future, please use Reply.

1. Please provide the statute/ordinance under which you were charged and I'll be happy to research that statute/ordinance and provide some additional information.

2. Please also provide the city and county in which the charge took place.
Customer: replied 3 years ago.

I'm not sure the exact statute/ordinance...I think it is MC 32-17A (thats listed on the citation as "Document/Article" listed under violation of Md. Ann. Code).


 


Germantown, MD in Montgomery County


 


thanks again for your help...it's much appreciated

Expert:  Thoreau (T-USA) replied 3 years ago.




If you don't click Accept, I personally receive no payment for my time.

Please click Accept so I get paid.


Thank you for your question!


32-17A is a Montgomery County Ordinance. Public urination is considered a "class A violation" punishable by 6 months in jail and a fine of up to $1,000. While it's not referred to as a misdemeanor, the penalties are essentially the same. The charges will reflect on a defendant's record, as would a conviction.

Prior offenses can affect an individual's sentencing. If it appears that an individual has a propensity for violating the law, jail time and higher fines are more likely. That said, people don't usually go to jail for first time acts of public urination, particularly when they haven't recently had any legal issues and particularly when those issues have been relatively mild in the past.


http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:montgomeryco_md_mc

Sec. 32-17A. Urination and Defecation in Public.

(a) In this section the words “public place” and “place open to the public” have the meanings stated in Section 32-13.

(b) Except as provided in subsection (c), a person must not urinate or defecate, whether or not the act is actually viewed by another person, in:

(1) a public place;

(2) a place open to the public; or

(3) any other place where the person may be seen from a public place or place open to the public.

(c) This Section does not prohibit a person from using an enclosed public restroom or other similar facility that is clearly designated for use as a bathroom, toilet, or lavatory.

(d) A person who violates this Section has committed a Class A violation. (2005 L.M.C., ch. 21, §1.)



 

Please click Accept so I get paid.
It's your choice but I'd really appreciate it.
If you don't click Accept, I don't get paid at all.
Bonuses are also greatly appreciated if you feel I've earned one.


Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. Information provided here is for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 3 years ago.

I had one last question I just can't find the answer to. Is 'public urination' in Maryland an offense that requires you to register on the sex offender list if convicted?

Expert:  Thoreau (T-USA) replied 3 years ago.




If you don't click Accept, I personally receive no payment for my time.

Please click Accept so I get paid.


Thank you for your question!


Public urination shouldn't typically result in sex offender status. The link below outlines sex offender registration categories by conviction in MD.
http://www.dpscs.state.md.us/onlineservs/socem/Sex_Offender_Registration_Category_by_Conviction.pdf

Please click Accept so I get paid.
It's your choice but I'd really appreciate it.
If you don't click Accept, I don't get paid at all.
Bonuses are also greatly appreciated if you feel I've earned one.


Sincerely,

T-USA


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. Information provided here is for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

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