Cited for public urination in Minnesota

[Eisnel]

What is the name of your state? Minnesota

I was cited by city police officers for public urination (while drunk after bar close). I have no priors.

My questions are about how the process works. You will hear no sob story about how I'm not guilty or don't think public urination should be illegal. I did it, I knew it was wrong, I got caught, and I'm willing to pay my dues if that's what the court wants.

I've read other posts here about public urination charges, and sadly the responses include lots of disgust and insults, and not much actual legal advice. Since I seek constructive advice, let me start by flaming myself, so that we can get that out of the way:

Yes, peeing in public is disgusting. If everyone did that the streets would be running with urine. I'm so uncivilized, don't I know that we're not living in caveman days? Why didn't I just use a bathroom? Do I think I'm an [insert animal here]? The next time I go to a bar I will wear Depends adult diapers. Let's not forget how foolish I am for getting caught. I certainly deserve whatever I get; nay, I deserve worse.

There, I hope I covered everything. Undoubtedly someone will think of some flame I missed, which is OK, but please follow it up with some helpful legal advice. Thanks!

Just to be clear, the specific charges against me are Disorderly Conduct and Indecent Exposure (609.72.1(1) and 617.23.1(3)). I suspect those two were chosen because Minnesota doesn't have a statute specifically relating to public urination.

Here are my questions:

1. Are these both misdemeanors? From what I understand, there are three levels: Petty misdemeanor, misdemeanor, and gross misdemeanor. Am I right to assume these are both the middle type? How serious is this for a first offense?

2. I think the officer may have made a slight mistake when writing the statutes that I violated. For Disorderly Conduct, he wrote statute 609.72.1(1). But subsection (1) is for "brawling or fighting". I think he meant 609.72.1(3), which is offensive/obsene behavior. I don't see how I could have been brawling and peeing on a wall at the same time; and brawling traditionally requires a second person. Who do I contact to have that corrected?

3. Is this the sort of thing that can be paid by a fine in the mail, meaning that I won't have to go into court? I have the citation, and it's on the same form that police use for traffic tickets, and even comes with an envelope that can be mailed. On the back it says that sending in a fine is an automatic guilty plea, in which case a court date isn't necesary. However, that may only apply to traffic violations. It says that a court date is a must if a box is checked that says "Endangered Person or Property", but that's not the case here. But also, there is no monetary amount printed on it. What's the best way for me to find out if a court date is necesary? Do I contact the County Court, the City Attorney, the City Clerk?

4. Is this the sort of thing I should get a lawyer for? Or do people usually not bother with lawyers for misdemeanors (assuming that's what this is)?

5. Since this is my first offense, is there a chance that they might just drop these charges? If so, is there anything I need to do to encourage this, or do I just show up on the court date and see what happens? If they do decide to drop the charges, would I find out before the court date, or would that happen at the hearing?

6. Do I have any chance of having one of those charges removed, and how would I go about requesting that? From what I've seen, people who are caught urinating in public often get Disorderly Conduct, but the Indecent Exposure charge worries me for two reasons: First, nobody saw my genitals, I peed up against a wall (the officers approached me from behind after I had finished). Second: An Indecent Exposure charge is going to look awful on my record, because people assume it could mean anything. While urinating in public is gross, this is the same charge levelled against those who attempt to shock people with their nudity, an association I wish to avoid. What is the procedure for asking the prosecutors to drop one of the charges? Is that something I'll need a lawyer for? Is it something I need to seek before the court date, or at the hearing? Should I write a letter to the City Attorney?

7. The citation I got is for County court, but it was a city police officer who issued it. Will the prosecutor be the City Attorney, or the County Attorney?

Thanks for any advice you can offer.

[Shay-Pari'e]

I'm not going to flame you, I honestly think your reply to your own question was funny.

Don't fight the charge, accept it and move on with life. I have peepee'd in a lake and so has everyone else on my boat.

This is no big deal, just go to your hearing. Hell, my kids as toddlers would take the "Pamper Party" off and do their thing in the back yard.

Not a big deal, unless you were exposing yourself. My hubby needed

to pee on the side of the road after comming back from Napa, I moved the truck up 10 feet away from him..

It was a hoot, and really something that is not going to effect you(Except the exposing yourself charge).

(Be carefull where you pee next time).

PS. Go to your hearing, if you have no priors, and if no one is there to say they saw your WEWE, then you should be fine. Were you assigned a public defender?

[Eisnel]

Thanks for your reply, Shay-Pari'e. I'm glad you found my self-flame humorous.

I agree that accepting the charges and moving on is the best course of action. It's my first offense, and I'm fairly sure it will be my last.

There are two things I'm still wondering about:

1. Both of these are misdemeanors, right? There's no gross misdemeanor or worse involved here? If it had been anything worse than a misdemeanor, I would have been hauled away to jail, right?

2. On the citation, the officer wrote Disorderly Conduct as 609.72.1(1). I'm pretty sure he meant to write 609.72.1(3), because (1) is "brawling or fighting" (hard to do while peeing). What's the best way to get that corrected? Should I write to the police department, or even the officer whose name is on the citation, asking for clarification and correction? Is it within my rights to ask the police department for an arrest report? Is there any other information I should ask them for? Do I communicate with the police department at this early stage, or do I need to talk to the prosecutor's office?

Thanks!

[Zigner]

In some places, you can be forced to register as a sex offender for urinating in public...