A friend and I really had to go and we made the dumb decision to urinate in the bushes in a dark field. We were caught by cops who were waiting near the area. We explained that we intended to go but we actually didn't urinate and decided to leave but they said they saw us "assume the position" and told us we could appeal it in court. The misdemeanor was filed as a public nuisance.
I've never been involved with the law before and this is my first offence. I'm 18 and attending college and the last thing that I want is for this to be on record and I'm willing to do anything to prevent it from being on my record. I was wondering (a) what happens if the cop doesn't show up, (b) as I understand it, a continuance for dismissal is kept off record, would this apply for this particular situation?
The disposition depends on a number of factors, including under which code section you were charged, which court, judge, prosecutor, etc. If you're that concerned, I recommend you hire a private attorney who can give your case the type of attention that it deserves. "Continuance for dismissal" is not a phrase that is used in Santa Clara County, so I don't know where that came from. In addition, "public nuisance" is too general a term to have any real meaning. You should consult with an attorney before your arraignment - the first court date. Finally, on misdemeanor matters the cops always shop up for trial - you're not in traffic court.
You were probably charged with a violation of PC 370/372 which is a misdemeanor/infraction. In most instances you would be charged with an infraction which does not show on your record and would have to pay a fine. This is not the crime of the century but you may want a lawyer to insure you get no more than an infraction.
It depends if it was filed as a misdemeanor or an infraction. Without a criminal record it could be dismissed if the element for the charge is missing. This of course whould take the due dillegence of a careful and focused lawyer. I would see if the DA files and if so get an attorney.
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