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- How do I get Hit and Run Charges Dropped? - Vehicle Code 20001

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This issue can be spotted by taking a walk over to the clerk court and asking them to take a look at the complaint. The complaint will show allegations if they did not miss it and filed it as a second.

Other Factors that may either mitigate or aggravate your case

There may be proof issues with your case which will affect your California DUI Penalty. When these are here you can use it to reduce your punishment in your case. One of my favorite is the no drive defense. This is when you argue that you were not driving. You can use this to get yourself a better sentence assuming that you have the right facts at your disposal.

Not All DUIs from Out of State Counts as a Prior in Orange County

But an interesting thing to keep in mind is that some DUIs are out of state. When a DUI is out of state, it causes an interesting issue because it may not necessarily be a prior. Many states have statuts that define their DUI different from California. If this happens then the DUI will not count as a prior for punishment on a 2nd DUI and this results in your 2nd DUI being dropped to a 1st.

Rising Blood Defense

One of the common ones is the rising defense This defense needs to be set up by establishing that you just recently stopped drinking. This defense says the alcohol has not yet affected your body and you were below .08 at the time of driving.

No Drive Defense

The no driving defense is a classic. In order to set this up you need to not be caught driving. This can involve a scenario where you are sleeping in your car and accused of a DUI.

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2nd DUI Orange County | Second Time DUI In Orange County

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This issue can be spotted by taking a walk over to the clerk court and asking them to take a look at the complaint. The complaint will show allegations if they did not miss it and filed it as a second. There may be proof issues with your case which will affect your California DUI Penalty.

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In Orange County, California, if you are arrested in a sex sting, you are looking at potential penalties of jail time, fines, and being placed on the Orange County District Attorney's List of Sex Purchasers. . In addition, you are risking your significant other discovering what happened and your marriage being at stake.

It is possible to be convicted of a prostitution charge based on the contents of your cell phone (Solicitation of Prostitution Via Text

However, it is not an easy crime for the prosecution to prove. Texting with someone doesn't necessarily fulfill the requirements for solicitation. There are several things they need to show, such as you were using the internet to solicit individuals for sex.

This article will go over what the prosecutors need to prove to make a prostitution case under the Solicitation of Prostitution Via Text theory, the difficulties they run into, and what you should do if you face a prostitution charge. It's important to remember that the strongest evidence against you is a cell phone, and it is important to remain silent.

1. Do not give the passcode to your cellphone if you are accused of prostitution through a Solicitation via Text theory.

This item makes the list because once you give the police access to your cell phone, then they can see all your text messages. This includes text messages and the browsing history of the site you used ie Bedpage, Rubmaps, Humuniplex. If you do not do this, you put everything on the state to prove the case against you, making the case more difficult to prove.

The police need to establish that you sent the text messages. This makes the case an identity issue of who sent the text messages. It is much harder to prove a solicitation charge just for showing up or being around a providers' place of business (house of prostitution) after a phone call. The police will need to establish that you were with the intent to engage in sexual services with an agreement of money for sex beyond a reasonable doubt.

If there were text messages exchanged, the police would need access to them. The prosecutors will need to prove that you are the owner of the phone and the text messages came from you, and you were not spoofed by someone else. Sometimes, they may take your cell phone and text it on their own to see if the notifications pop up if they don't have a passcode.

2.When accused of Solicitation of Prostitution Via Text Excercise your right to remain silence

The police will need to show the agreement. You can't be convicted for using the internet to solicit individuals for sex if there is no agreement for sexual services. Texting with someone is not illegal even if they are providers who usually engage in money for sex. Briefly, there are other alternatives and explanations for you to contact a person in the sex industry. (dating, relative, friend, etc.)

Arrested Does not Mean you are Convcited.

Even if they proved that the phone belongs to you, then they still must show agreement. If you were smart enough not to agree on a price, you need to know enough to exercise your right to remain silent. Solicitation of prostitution can only happen when there is an agreement for an exchange for money. This a consumer problem as opposed to a provider issue.

If you are providing services, you are likely experienced and know what to do when confronted by the police. Exercising your right to remain silent will let a criminal defense attorney use one of the common defenses for your case.

If you are accused of being a sex purchaser, you should not say anything that will implicate you and suggest that you pay for sex. The last thing you need is to feel hopeless and look for forgiveness from the police officer and to tell the police that the $275.00 in your back pocket was there for you to buy sex.

You need to know your right to remain silent, not talk, and let your criminal defense attorney develop an effective defense for you. There is no need to give the state additional evidence to make a case against you

3. Once you are released and given a ticket for Solicitation of Prostitution Via Text, contact a Lawyer.

If you are accused of being the purchaser, then you will be given a ticket with a court date. A lawyer can figure out where the hole is in the prosecution's case. The lack of evidence on these types of cases results from several factors. Some of these will include the lack of sexual conduct and insufficient evidence to prove an agreement of sex in exchange for money. The next few paragraphs will go into these in more detail.

You can be arrested for Solicitation of Prostitution Via Text without showing up in person.

The first one is called the human trafficking angle. The police wanted to get the main provider pimp, and you were only caught up in it and were only part of the investigation. (For example, you were parked in front of a condo and went into the house for 15 minutes) These cases occur when you work for the government and have protected plates on your car (police officer, judges, prosecutors)

If you are a sex worker, then an attorney who is local and familiar with the courthouse will be able to get you into a program. An educational program can be able to dismiss the charges for you, thus avoiding a criminal record.

If you are a provider, then the chances are high that you invoked your right to lawyer up. Besides this, laws passed in 2020 exclude condoms from all prosecution cases against you. This means you could have had several condoms around the ara, and none of it can be seen by the jury who will be deciding on your case.

Assuming you were the girl working and foresee yourself moving out of state soon. If so, you will need an attorney to represent you in court so you can leave the state and not have a warrant under your name for engaging in sexual conduct for money.

But even if there is no agreement, the government can move forward with the totality of the circumstance theory that you were there for sexual intercourse and other sexual activity-if you came with condoms.

4. Watch your mailbox if you do not want your Significant other to discover you being arrested for Prostitution.

If you do not want your significant other to find out about your sexual conduct, you need to watch your mailbox. You will get advertisements from attorneys who will solicit you for your arrest of Prostitution charges. If you live in Orange County, you can expect these to hit your mailbox within the week of arrest and last for about a week.

Solicitation of Prostitution Via Text is a way for law enforcement to make a case against you when all their facts are not there.

If you were accused of a sexual solicitation crime and the theory was one of Solicitation of Prostitution Via Text, then it's important that you know the options available to you based on your facts. The penalties for solicitation can be avoided. The crime of solicitation is hard to prove for law enforcement if they have no admission and only text messages. They need to prove sex for money, and there was no observed sexual conduct. A criminal defense lawyer may work on lagging out a case that makes for insufficient evidence or obtain an officer's body cam to shed light on a situation different from a police report and show another side of the story.

bedpage police sting 2022

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Solicitation Of Prostitution Via Text - Bedpage Police Sting 2022

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In Orange County, California, if you are arrested in a sex sting, you are looking at potential penalties of jail time, fines, and being placed on the Orange County District Attorney's List of Sex Purchasers. . In addition, you are risking your significant other discovering what happened and your marriage being at stake.

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Orange County Victim Witness And DUI - 3 Things To Know | Orange County DUI Lawyer

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Orange County Victim Witness handles restitution matters for the Courts. If you have an accident or a DUI then you will need to showup to this window.

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Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton Court, Garden Grove, Huntington Beach Criminal Lawyer, Irvine, La Habra, La Palma, La Mirada, Paramount, Compton, Lakewood, Lake Forest, Los Alamitos, Midway City, Orange, Placentia, Santa Ana Criminal Lawyer, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Downey, Bellflower, Hawaiian Gardens, Cerritos, Cypress, Midway City, Long Beach, Harbor Court, Santa Ana Court, Fullerton Court, Westminster Court, Downey Court, Pasadena Court, Bellflower Court, LA Metro Court, Riverside Court, Southwest Justice Center, Murrieta.

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Hit And Run Notice In The Mail - 5 Facts You Need To Know Now

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A Hit and Run Notice in the mail to the registered owner of a car that was involved in a collision regardless of whether the actual owner was driving or not.

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The Orange County Superior Court regularly hands out California Criminal Protective Orders in Domestic Violence and Violation of Restraining cases. Unfortunately, there are times when they hand out multiple orders and conflict with each other. These conflicts happen when there is a pending criminal charge with an ongoing family law (divorce case)

What is a California Criminal Protective Order?

A California Criminal Protective Order is an order a judge makes to protect a witness or victim of a crime. It tells the restrained person to stay away from and not to hurt, threaten, or communicate with the other person. It is often issued after an Emergency Protective Order. Often times when these are initially handed out by law enforcement officers where they order absolutely no contact, with the protected party and  their minor children.

The tricky part comes in because the restrained party can’t initiate contact to modify the California Criminal Protective Orders. When the restrained party goes to court for the custody case, the family law judge will be hesitant to do anything because of the criminal protective order.

If you are the restrained party in one of the many California Criminal Protective Orders , you will need an attorney to reach out to the protected party to coordinate with the the protective order. Having direct contact contact is a violation and can result in a new case, however on the other hand, just obeying the order will give the spouse the upper hand in the family law case which can be financially devastating.

When you have a California Criminal Protective Order and a Divorce Case Going on at the Same time

The retrained person will find himself herself in a tricky situation where they can not defend themselves in family court because of the request of law enforcement for them to stay away unless they want new charges filed against them by the Orange County District Attorney for a violation of restraining order.

Fortunately, this is not final as there are ways for a restrained out of this which will be discusssed in this article. The first way is via seking a peaceful contact CPO, the second is to requets an exception which allows for contact for the purpose of facilitating the family court case.

By going on these two paths, it will prevent a restrained person of picking up new charges as they are able to fight their case in court and avoid the conflicts that happen when there is a pending custody case and a violation of a restraining order case occurs.

California Criminal Protective Order vs Domestic Violence Restraining Order

California Criminal Protective orders are different from Civil Restraining Orders and Domestic Violence Restraining orders because they result from a criminal case.  Although they both involve domestic violence, the Criminal is married with the criminal court system where as the Domestic Violence is  based on less standards

However, violating them will mean criminal penalties. For the purpose of this article, only criminal protective as it relates to family law case will be discussed.

The Solution so You can Continue on with your Family Law Case (Divorce) in Light of the Criminal Protective Order

You will need the protective order to be changed to make an exception to the no contact for court-ordered visitation. This can happen in many ways.You can make everyone subject to no contact, or if there is too much resistance, you can only make the children an exception to the no contact rule. By doing this, you will still have visitation rights.

Initiating Contact with the Protected Party is a Violation even if You Have Family Case Going on

The one thing you must not do is initiate contact with the protected party. If you initiate contact yourself then you will violation the protective order. You can avoid violating the protective order by having an attorney contact the other party. An attorney is the only method allowed by the courts to reach the protected party when there is a no contact order.

Other Types of Restraining Orders

There are also Civil Restraining orders and Elder Restraining orders (prevents elder abuse) which will not be discussed. The one thing that all these have in common is that they are designed to prevents acts of violence and use the law enforcement officers and the courts as a mechanism to acheieve it’s goals.

There are two kinds to keep in mind.

Criminal Protective Order-Domestic Violence (CR-160)

Criminal Protective Order-Other Than Domestic Violence (CR-161)

Source: occourts.org

You Need to be Able to Fight Your Family Law Divorce Case with the Ongoing Criminal Case

Having a California Criminal Protective Orders against you in Orange County does not mean no contact and that you should lose your family law or divorce case. There are ways around this so you can continue on with your case. You should do an initial consultation with an attorney to see how you can get the criminal court judges on your domestic violence case to work alongside with the family law judge in your case so you can avoid any new  criminal offense and get contact for visitation with kids.

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California Criminal Protective Order And Divorce - 3 Facts You Need To Know

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California criminal protective order may sometimes conflict with a divorce case because the protected party can't defend themselves in court because of the order.

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How they Unfold

Police Prostitution Stings are used to catch people having sex with prostitutes. They post advertisement for prostitution websites such as private delights, backpage, yesbackpage to offer services Then they would wait for men to text or contact them and arrange a time to meet. This is done via female officers voice over the phone talking about sexual services and a place to meet.

They would end up arresting them for solicitation if they show up. This allows the police to catch men who want to buy patronizing prostitution  and women who are  providing. However, not all these cases are slam dunks for the prosecution. A prostitution charge has elements to it and in a criminal court the case has to be proven by a reasonable doubt.

Police use websites such as these to set up their stings.

Sex Buyers: What All  Police Prostitution Stings Operation Having in Common.

Always Starts with Bargain Basement Pricing and Low to Almost No Reviews

They are all different types of people. But they all share one thing in common. They were all arrested after texting a number online. Usually thru Yesbackpage, privatedelights, bedpage and etc. All the numbers had one thing in common. The numbers involved accounts with 1 or 2 reviews and were bargain basement prices.

All Roads Lead Back To you

Another thing all Police Prostitution Stings have in common is the text message exchange. Almost all purchasers exchange phone messages (which discusses lingo and terms) with the police and have the cell phone on them when they are arrested at the door.

Unfortunately having a cellphone when caught in one of the many Police Prostitution Stings makes it harder for your criminal defense lawyer to defend the accusations of prostitution you are facing.  One of the most common solicitation defenses or defense defense strategy is the either mere presence or just hanging out. In simpler terms nothing has been said yet.

However,  by  having their cell phone on them  with the notifications turned on for the police to verify their identity. This closes the door on the mere presence defense. This is later used by the prosecution to say he was the person behind the phone.

Caught Red Handed with Contract

The final problem is discussing money for specific terms. For example, 350 for CIM and GFE. This spells out everything for law enforcement and makes it shooting fish in the barrel for them and turns your case into one of damage control as opposed to making it beatable.

Bottom line ,by having your phone on you, this helps the police establish that they were th ones texting at the other end of the phone. This police verify this by taking the clients cell phone and giving it a call to show their number shows up.

Police Prostitution Stings Target Men More Than Women.

Most men who were arrested for soliciting prostitutes will say it was their first time. But police say most of them are lying.

Police target men more than women in the name of human traffic. The penalties are more severe for men and even worse for pimps. The rationale from the prosecution is that sex workers should be treated as victims of crime, not criminals.

The men are all different colors and races. They are all different ages, from all walks in life. They are all different sizes, some are very big, others are very small. Some are black, some are white, some are Hispanic, some are Asian.

Married men are concerned that their wife will find out. College students come into police stations crying because their parents are going to kill them. They tell the police that they’ve been dating someone else, and they want to stop having sex before they marry. These men are humiliated by being caught, and they feel as if they’re failing at life.

Arrested in one of the Police Prostitution Stings for Trying to Purchase Sex?

Many of these people plea out just because they were accused and do no realize that the rules of evidence would be able to help their case.Men would go plea guilty because of the shame of that they were caught trying to pay for sex.. Until recently the Orange County District Attorney’s Office would post the names of men who got caught  purchasing sex.

Have you been arrested in a prostitution sting operation? If you are accused, then you need to hire an experienced lawyer who knows how to fight back against these charges. Attorney Hieu Vu  will be able to help you get out of trouble by defending you against these charges. Hieu has a proven track record of winning cases similar to yours, and she will work hard to make sure that you win your case. Contact Hieu Vu for an initial consultation today to start fighting back against these charges.

However, it is important to know that it is possible to make it thru this with a low profile, to make your  arrest records go away,  clean your criminal record and fight any potential charges that come from this incident.

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Police Prostitution Stings - 4 Vital Things You Need To Know To Avoid Guilt

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All Police Prostitution Stings have a few things in common. They involve an ad with no reviews, a cell phone, and dirt cheap price which are too good to be true

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Consequences for a 3rd DUI in Orange County

A third DUI conviction in Orange County carries harsh penalties including jail time and fines. You’ll likely face these consequences if you’re charged with driving under the influence. Most people are not worried about the fines in Orange County as they are similar to 1st and 2nd DUIs. However, the jail time for a jail time for a 3rd DUI in Orange County are around 270 days.

Fines

When you get convicted of your 3rd DUI, there will be Fines on top of Jail Time. The max Fine you can be required to Pay is $6000-7000 after penalties and assessment. The Judge is not Required to Give You the Full Fine Amount and most likely will not. It’s Important to Note That there are Lots of Other Costs to Getting a Third DUI Conviction other than the Fees you’re Required to Pay. There Will Also Be Counseling Fees, Court Costs, Interlock Device Costs, and Other Expenses.

You May Be Able to Avoid Jail on a 3rd DUI in Orange County

However, it is possible for many  3rd offenders to be given another chance to enter a program to btter themselves and battle their addictions.  The court understand that relapse is a process and have put out options for people to avoid jail and work towards sobriety. However given this, if you violate the programs you’ll likely return to jail.

You should go to rehab or at least get a head start on AAs before your court date because it will help your case when the court reviews it.

If the prosecutor in your case is under the political thumb then you will want to give them a reason why someone convicted of DUI should go to jail or to a treatment facility. There are many prosecutors who are driven by rehabitation.  In addition, prosecutors  should consider whether someone is better off serving their sentence in a treatment facility over jail.

Getting into a Program for your 3rd DUI in Orange County

Rehab programs are usually for people who drink too much and are struggling with alcohol. . Judges are more likely to send repeat offenders to rehab programs because they know that these programs work. After being sent to a rehab program, the person must go to weekly meetings even when he/she is out of rehab.

DUI Court for 3rd DUI in Orange County

You may be eligible to enter the DUI court program in Orange County. If you’re facing a 3rd DUI in Orange County and your case does not invovle any type of injury and you have met a set of criterias then you may be eligible to enter the program.  There are different ways to pursue this process and must be requested by either you or your counsel. After you have requested the DUI Court program for your 3rd DUI in Orange County then you will have to be screened.

When you arrive to be screened for DUI court in Orange County they will ask you if you have a problem and the extent of your problem. In addition they will also give you a preview of the course. Its imporant to note that this process is very time sensitive and that there may be scheduling issues.

Rehab: Getting Treatment (Inpatient) for your 3rd DUI in Orange County

If you are already in an residential treatment program (inpatient) the courts will consider this in sentencing. There are times where the court will count your time in treatment as custody and give it to you. Other times if they do not, at least will be considered in the total amount of time you will spend in jail. In some cases lowering it. This can also be said for any kind of inpatient or intensive outpatient program as society as an interest in having you get treatment.

Judges are always looking out for the public interest. They want to make sure that people who commit crimes do not get away with them. Therefore, judges are usually very concerned about the well-being of society. The judge wants to see that criminals are punished but also rehabilitated so they won’t commit any more crimes.

House Arrest Secured Electronic Monitoring on a 3rd DUI in Orange County

The judge allows you to serve your jail sentence under house-arrest (SEC in Orange County). You must wear a GPS locator, which you’ll be responsible for paying. Your home will be searched randomly by the police and you will be subjected to search and seizure. However you will still be able to go to work. .The process and obstacles of getting a Secured Electronic Monitoring in Orange County on a 3rd DUI is the same as a second DUI. For more information you can read article about second dui and staying out of jail here.

Getting Out of Jail for a 3rd DUI May Require a DUI Lawyer

Some Prosecutors will seek the maximum punishment.  When this happens Judges will need to be given a reason to offer alternatives to incarceration. A strong defense is required to avoid lengthy jail  sentences.Having an experienced attorney who knows how to navigate the court system can help ensure that your rights are protected.

You can learn more about how a drunk driving lawyer could help you reduce your time in jail by calling at  the contact form on the right side of the page. Your first meeting will be free, so don’t hesitate to reach out to us today!

A DUI lawyer can help you navigate this channel and figure out whether this process is the right one for you. An experienced DUI lawyer can also help you win your case by challenging the evidence used against you. You should contact an Orange County DUI lawyer as soon as possible after being arrested for a third offense.

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How To Avoid Jail Time For 3rd DUI In Orange County - FAQ

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A 3rd DUI in Orange County default is 270 days in Orange County Jail. You'll likely face these consequences if you're charged with driving under the influence.

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Public Urination Laws and Penalties in Old Town Orange

Public urination is illegal in Old Towne Orange Circle and around Chapman University.  You could be charged with a misdemeanor around Old Town Orange if you left the bar at night, needed a place to relieve yourself and got caught urinatating in the parking lot.

Old Towne Orange Circle Urination Cases are Misdemeanors

Misdemeanor means minor crime or offense. A misdemeanor is a lesser crime than felony. For example, a misdemeanor is a violation of state law while a felony is a violation of federal law. A misdemeanor can result in fines, imprisonment, community service, etc. In the case of student, it can hinder job prospects in the future and require an applicant to disclose that they are on probation or suffered a misdemeanor conviction.

Even if Urination in public is a misdemeanor criminal charge in Old Towne Orange Circle. You will not get the maximum penalty even if you pled guilty at court. It will most likely result in a civil infraction where you get a $350 fine and court costs, but the record will still show that it was a misdemeanor and you pled to the case. As a result, the Public urination charge can impact your your employment or college career and has the potential to violate the code of conduct at Chapman University.

Generally Public urination is not a big deal in Old Towne Orange Circle. However, there are some cities which struggle with patrons from the night urinating in public. Some of these cities include Fullerton and Hermosa Beach.  As a result they have passed laws which made it a misdemeanor to relieve yourself in plain view.

The City of Orange city council have been getting complaints from the locals and the Orange Police Department have started enforcing the city code and treating these as a misdemeanor offense in Old Towne Orange Circle. Although it is still a petty offense it can still go on a person’s criminal record.  As a result a first-time public urination offense can result in tarnishing a clean record.

Lewd/Indecent Behavior

In addition to conduct that is prohibited under the Student Policy on Sexual Harassment Prohibited by Title IX and/or the Student Policy on Sexual Harassment Prohibited by Senate Bill 493, the following behaviors are prohibited:

1. Urinating or defecating in areas other than toilets and urinals (including lawns, lounges, elevators, stairwells, balconies, parking lots, etc.).

2. Public nudity.

3. Engaging in intimate sexual contact in or within plain sight of common or public areas.

4. Public viewing or displaying of pornography.

Public Urination and the Necessity as a Defense

Public urination laws are usually irrelevant to people in Old Town Orange who are well into the night and do not have access to a restroom. Most people aren’t ever too far away from restrooms however it is the wait that kills. Especially in Old Town Orange where restaurant are doubling up at bars at night, there is a lack of facilities for patrons to use. This necessitates that the patrons relieve themselves outside. Even if they’re trying to use the restroom they would not be able to use it because the line is just too long.

Many Chapman University students who get caught urinating in Old Town Orange do not choose to go in public. Nobody walks goes out for the night thinking they will urinate in public.  They are forced into it   circumstances beyond their control. There are too many patrons and not enough facilities provided by the city and businesses hence they are forced to drop their pants

Breaking the law out of necessity is a common defense.  A person who is left with no alternative by no fault of their own such as relieving themselves in public may get away with it if the judge or jury believes that the defendant was acting reasonably and in good faith.

Bottom Line

Chapman University Students and Patrons of Old Town Orange should be provided with adequate restroom facilities as paying patrons as they are providing valuable revenue for the business and cities. The right thing for the city to do is to start providing temporary facilities and work on restaurant to provide more facilities and not just use law enforcement to criminalize being a human being and give misdemeanors to students.  They may choose to avoid getting a misdemeanor and just pee in their pants but they shouldn’t be forced to do so. There must be other options available to them. The dichotomy of this problem should be on the student or the police to clean up.

An offender who commits a crime should be punished because he did something wrong. But if you did it out of necessity and the evidence shows this it was a product of design by the city and area you are visiting , you shouldn’t be punished with a misdemeanor. There is nothing nothing bad about what you did. You should be punished because you did not want to soil yourself especially if the evidence shows you have some kind of medical condition.

Talk to a Lawyer about your Old Towne Orange Circle Misdemeanor

Contact a Criminal Defense Attorney

There are many ways to avoid getting a misdemeanor as a result of getting caught by the police  peeing in public. You should make sure that you have  representation and make sure your lawyer knows your lack of criminal history.  Most people who get caught for this offense very seldom come back and do it again.

The Law Office of Hieu Vu is experienced in handling these types of cases. Our goal is to protect your rights and provide the best defense possible for your situation. If you have been charged with public urination, it might be a very easy situation to handle. However, it can become something bigger because you did not expect the what the long term consequences of an would entail.

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Old Towne Orange Circle And Public Urination | Penalties | Misdemeanors

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Public urination is illegal in old towne orange circle You could be charged with a misdemeanor around if you left the bar at night and needed to relieve yourself.

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Law Office of Hieu Vu · 18002 Irvine Blvd #108, Tustin, CA 92780