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  1. #1
    Join Date
    Oct 2010
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    4

    Default Public Urination Charges in Maryland

    My question involves criminal law for the state of: Maryland.

    Skipping the story and straight to the facts: This morning, at around 2am, I received a Uniform Criminal Citation when two police officers saw me relieving myself in an alleyway. On the citation, the officer marked me in violation of Maryland Annotated Code, Document/Article 19, Section 171A. He did not arrest me, and on the citation he marked that I was to appear for trial "When notified by the court." Additionally, I asked him what exactly this meant and he told me that I may or may not receive a summons; if I do receive a summons, he said, there is no telling when it may arrive. He also said that possible outcomes are a fine, community service, or jail time.

    After diligent research, I have not been able to find Article 19, Section 171A in the Maryland Annotated Code. Further, I have not found any corresponding statute that deals directly with public urination (except for on public transportation). I assume this means that any charge would be for littering, indecency, civil disorder, etc.

    This is my first run-in with the law in any way or fashion (not so much as a parking ticket).

    So what should I expect? What is the likelihood of receiving a summons? Why can't I find Article 19, Section 171A in the Maryland Annotated Code? Is there another statute dealing with public urination? If I do receive a summons, should I contact a lawyer? How should I plead? Nolo contendre? Or should I make a deal with the prosecutor to have charges dismissed for community service? If I never receive a summons, will I still have a "record" and can I have it expunged?

    Some other possibly relevant facts: I am a full-time graduate student with a very modest income (right now, I couldn't even afford a fine as small as $200 and anything above $50 would put me in some real dire straits).

    Any information at all would be helpful. I'm cautiously optimistic that the receipt of the citation is the last I will hear of this mess, but I'd like to be prepared nonetheless.

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Default Re: Public Urination Charges in Maryland

    I've found a reference to it as a statute that does not exist; perhaps the ticket in that case was issued by the same officer....
    Before the judge takes the bench, Patricia M. Deros, prosecutor in charge of the Early Resolution docket, pulls down a thick stack of thin case folders, each awaiting a judge's signature for the nolle pros on the criminal citation.

    * * *

    Here's one with a wrong charge, 19-171(a), whatever that's supposed to be. Public urination is charged under 5-503 of the Health Article. A charge with no factual basis. Another open container under 19-20. No facts to support aggressive panhandling, Deros said, rattling through four more cases.

    Mahoney acknowledged the problems, but said the police department hopes to apply the lessons learned in the civil citation program to improve its criminal citation procedure.

  3. #3
    Join Date
    Oct 2010
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    4

    Default Re: Public Urination Charges in Maryland

    Thank you for the quick response.

    That article comes from quite a while ago, seems strange to still be having the same problem . If the state decides on nolle pros for my citation, will I hear anything further?

    Thanks again.

    Also, after checking the Health Article 5-503, I was still unable to find anything dealing with public urination. This just seems too bizarre to me.

  4. #4
    Join Date
    Oct 2010
    Posts
    4

    Default Re: Public Urination Charges in Maryland

    Okay, after a quick check, it appears that the proper statute is in the Baltimore City Code. In the Code Digest, it is dealt with as such:

    Urinating, etc. - Generally
    Offense: Urinating or defecating in public
    place by adult. (He §5-503)
    Penalty: $500/30 days. (He §5-510)
    Civil Citation: $150. (Art. 1, §41-14)
    Environmental Citation: $150. (Art. 1, §40-14)
    From my reading of this, I would at most be facing a Civil Citation fine of $150. That I could (barely) manage to afford. I am still cautiously optimistic, however, citing the several apparent inconsistencies and the officer's own statement to me that I might not ever receive a summons. I am not sure of it, but I am supposing that there is a statute of limitations on this sort of a thing, probably about 12-18 months for a misdemeanor. Would I be right to assume that if I don't hear anything in, say, a month, then I am probably in the clear?

    Thanks.

  5. #5
    Join Date
    Oct 2010
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    4

    Default Re: Public Urination Charges in Maryland

    Today I received a summons. Do I need to contact a lawyer?

  6. #6
    Join Date
    Dec 2010
    Posts
    1

    Default Re: Public Urination Charges in Maryland

    Im in the same boat as you. How did things turn out?

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