Philadelphia Public Urination Lawyer
Public Urination is actually a common crime throughout the country. Drunken revelers may find themselves without easy access to a facility, or in their current state may simply make the irresponsible decision to relieve themselves in an inappropriate location. It happens every night in every city across the nation. Even more commonplace is the plight of the homeless. The homeless do not have significant or readily available access to restrooms, as, unlike in many other countries, public bathrooms are not commonplace in America. The homeless are left without a convenient or realistic means by which to relieve themselves, consequently often wind up committing this offense.
Nearly every city, town and state has some type of law that prohibits the act of public urination. If you are one of the hundred thousand or so individuals each year who have been caught in the deed, then you are in need of guidance on how to handle your public urination accusation.
If you have been ticketed for public urination, or the corresponding crime of public lewdness, you need to contact a criminal defense attorney. Though Public Urination may not in and of itself be a serious offense, further tickets may be levied based on the situation and the totality of the offense may bear significant consequences. The Law Offices of Greg Prosmushkin, P.C. can help you to resolve your public urination offense and any other tickets/charges.
Philadelphia Public Urination
The most important thing to consider when charged with public urination is what type of crime or violation you have been charged with. While the Commonwealth does not have a Public Urination charge, many towns and cities have enacted their own laws by which to govern their communities. In Philadelphia, the statute says that it is unlawful to urinate or defecate on a variety of listed public and private properties. Essentially, the law serves to limit urination or defecation to the appropriate facilities.
A Public Urination ticket carries a fine of $300. However, any person may pay $50 within eight days of being ticketed, and the offense and any associated fines and penalties will be dropped. Of course, most people will not act within eight days, and will be forced to contest this ticket.
In addition to the Public Urination ticket and any other tickets levied, it is possible that if convicted that one would have to register as a sex offender. This possibility exists because of the potential for being charged with indecent exposure or public lewdness as a result of the Public Urination ticket. This is a serious problem, as registering as a sex offender will be revealed in the event of a background check.
Defending Public Urination
There are a number of ways by which your attorney may go about defending you. First of all, challenging the evidence is key. For example, typically a police officer will issue a ticket for this offense based upon finding an individual facing a wall, suspecting them of committing this crime. If the officer did not in fact witness the defendant relieving themselves, this is a pertinent fact which will go to potentially dismissing the charge. Additionally, simply smelling or seeing the results does not mean that the individual within the vicinity necessarily committed the act. Again, if the officer did not in fact witness the crime, this will strike a blow against the prosecution’s case.
For the homeless, necessity may be a defense. As discussed above, the homeless often do not have access to public facilities. They may simply have no alternative but to soil themselves – which is not a reasonable alternative. Ergo, necessity. Necessity has long been a defense in certain situations in America. It will not serve to negate criminality. Rather, it will serve as a public policy exception by which the court can choose to not further prosecute. Additionally, the statute itself speaks to not targeting the homeless, clearly evidencing the legislature’s intent in not being unreasonable in the application of this offense when dealing with the homeless.
Why Do I Need a Lawyer?
In the event that you have been charged with public urination, you should not dismiss this accusation as an insubstantial matter. Consider consulting with an experienced and aggressive criminal defense lawyer who will know how to appropriately handle your case and help advise you as to your options.
As with most crimes, if you do not address the charges appropriately, the situation may start to spiral out of control. By taking affirmative action to defend yourself, you may be able to avoid more serious consequences. The Law Offices of Greg Prosmushkin, P.C. can help you to resolve this matter as efficiently as possible, achieving the best possible results. Call today to schedule a free consultation with one of our criminal defense associates.
This content was written on behalf of Greg Prosmushkin.