Monday, October 6, 2014

Public Urination / L&L / Lewd Behavior / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  Public Urination.  Was driving and needed to use the rest room badly, went in a business place and they told me there is no public restroom here for my use. So i left but could not find a bathroom and hid an urinated. The Police saw me and got in trouble. Told her I could not find a bathroom and she did not care. Is this legal ?

A:  No. It is not legal to take a leak in public, no matter how badly you must do so. 

My advise in the moment: Find a restroom, a very private area, hold it in or piss yourself (as nasty as that is it beats being arrested, having to pay a lawyer and face a Judge...).

My advise after the fact: Hire a skilled and experienced 561 area criminal defense lawyer and do not offer the explanation that you gave here online (having to go really bad is neither a legal excuse, a justification nor an affirmative defense). Instead just let the lawyer read the police report without your commentary, and hope that s/he knows how to frame a defense.

"But for" your explanation I would have suggested a medical necessity defense, and I would hope that your urologist would assist by providing some medical documentation that supports the defense. I have actually accomplished this in the past (not only in defense of a public urination (L&L) charge but also twice (that I can remember) in support of defending allegations public masturbation).

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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