Fullerton Public Urination by Heroes Bar, Case Dismissed

Our client, age 27, went out with friends to the Fullerton area bars.  It was St. Patrick’s Day and no one had enjoyed a proper St. Patrick’s Day since 2020 before COVID-19. 

Our client had a good job at a law firm as a clerk and was going to college at night, so she figured she deserved a little fun.

As she was leaving Heroes Bar & Grill, she went back to her car, parked closer to Crepes Bonaparte and realized she needed to pee before driving home.  She decided against going back into the bar, as there was a long line always by the bathroom.  So, she opted to just pull down her pants and squat alongside her car before leaving.

As she did so, a uniformed Fullerton Police Officer was walking by and noticed her doing this.  He paused and allowed our client to finish.  He then approached her and told her public urination was illegal.  Our client apologized and said she did not know this.

The officer then issued our client a ticket for violation of Fullerton Municipal Code § 7.110.010(a), which makes it illegal to engage in public excretion and public urination.  It is a misdemeanor punishable by up to six months in county jail and a $500 fine.  Our client signed a promise to appear in the Fullerton Superior Court in about two months and then drove home.

Once she got up the next morning, she got on the Internet and Googled “public urination Fullerton” and read about how such tickets are handled and what the penalties could be if convicted.  She called Greg Hill & Associates and spoke with Greg Hill about a week later.

The client explained what had happened and that she did have a prior criminal history for DUI and shoplifting, so she was interested in having the case dismissed, if possible.

Greg then explained how in the past, he had often been able to have a public urination case in Fullerton dismissed under Penal Code § 1385 after making a $350 donation to the Fullerton Victim Witness Restitution Fund as a civil compromise of the case under Penal Code § 1377 and 1378. 

Greg explained how in certain types of misdemeanor cases, for example, vandalism (Penal Code § 594), graffiti, and unlawful taking of a vehicle without the owner’s consent (Vehicle Code § 10851), a judge may regard the criminal case capable of resolution by paying the victim for his or her losses and therefore a civil compromise can take place in lieu of the criminal case. 

While there really was no direct victim in a public urination case, the City of Fullerton certainly is a victim if the parking lot smells like urine and tourists avoid the city and the city loses tax revenue. 

Greg explained to the client that he could go to court on the client’s behalf and speak with the Fullerton City Attorney there about a civil compromise of the case, which he had agreed to many times in the past five years.  Greg also recommended that the client attend ten Alcoholics Anonymous (AA) meetings prior to her arraignment and to send Greg documentation that she had attended the meetings.  Greg explained that this would show the client was taking her alcohol consumption more responsibly in the future.

The client then retained Greg Hill & Associates and thereafter attended six AA meetings on Zoom prior to her arraignment.  She emailed Greg a confirmation of attendance that she received after each AA meeting.

Greg then appeared on the client’s behalf at her arraignment at the Fullerton Superior Court.  Greg discussed the case facts with the Fullerton City Attorney, showed him proof of our client having attended six AA meetings prior to arraignment and explained she was a college student at night and working full time as a clerk at a law firm.

The Fullerton City Attorney, at Greg’s suggestion, then agreed to allow a civil compromise of the case after Greg made a $300 contribution to the Fullerton Victim Witness Restitution fund at their office inside the courthouse.  Greg then did so for the client and returned to the courtroom to show the Fullerton City Attorney.

The case was then called and the Fullerton City Attorney advised that he would ask the judge to dismiss the case under Penal Code § 1385, “in the interest of justice,” as a civil compromise had been reached in the case.  The judge then dismissed the case.

Our client was very happy to learn the news that her case had been dismissed.  Greg advised her that she could then now file to have the police report and the court file sealed (erased from her criminal history) under Penal Code §§ 851.91 and 851.92 if she wanted.