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  1. #1
    Join Date
    Apr 2008
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    2

    Default Ticket For Public Urination

    My son got a ticket on March 31st for the same thing. It was in Camden, SC and some big "steeplechase" race.

    Anyway... I have a couple of questions:
    1. He bailed himself out of jail. It was $240 I think. Can he get that money back or does it count towards a fine?

    2. He was not read his Miranda Rights. Do they apply in a case like this? He was actually taken into custody and spent 6 hours in jail

    3. Recommendations? What should he do? Plead guilty? Hire a lawyer and try to somehow get out of it or otherwise changed to some other charge?

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Ticket For Public Urination

    Quote Quoting kevmcclosk
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    My son got a ticket on March 31st for the same thing. It was in Camden, SC and some big "steeplechase" race.

    Anyway... I have a couple of questions:
    1. He bailed himself out of jail. It was $240 I think. Can he get that money back or does it count towards a fine?
    Unless the case law has some surprises, the bail money should be returned once the case is adjudicated, but I have read, yes, in some states, it applies to any fine imposed.

    SECTION 17-15-220. Return of deposit given in lieu of bond, recognizance or undertaking.

    The person so depositing a sum of money in lieu of a bond, recognizance or undertaking shall be entitled upon application to the court wherein such deposit has been made, and subject to the order under which such fund is held, to receive back such sum of money whenever the purposes for which it has been received and deposited have been accomplished and the person would have been entitled to be released without payment or further payment of any sum from all liability on the required bond, recognizance or undertaking had it been given in lieu of such deposit of money.



    2. He was not read his Miranda Rights. Do they apply in a case like this? He was actually taken into custody and spent 6 hours in jail
    Custodial interrogation requires miranda warnings ONLY if the gov. intends to use those statements against the defendant in a court of law.

    3. Recommendations? What should he do? Plead guilty? Hire a lawyer and try to somehow get out of it or otherwise changed to some other charge?
    Public urination falls under an indecent exposure charge if I read the law correctly?? See exactly what state law or municipal ordinance # he was cited under and look it up!!

    As a first thought I checked to see if such a conviction could put him on a sex offender registry list?? I do not think so, so he is safe in that respect.

    Read starting at Article 7:

    SECTION 23-3-400

    http://www.scstatehouse.net/cgi-bin/...s=0&keyval=382

    I personally would retain private counsel to try to get the charge reduced somehow, it may pay off in the legal long run??

  3. #3
    Join Date
    Apr 2008
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    2

    Thumbs up Re: Ticket For Public Urination

    Thanks for your advice.

  4. #4
    Join Date
    Aug 2007
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    3,835

    Default Re: Ticket For Public Urination

    Quote Quoting kevmcclosk
    View Post
    Thanks for your advice.


    You are most welcome!!

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