If public urination is a crime or treated as a crime in your jurisdiction, then you are entitled to the same protections afforded in the United States (or your state) constitution, including the presumption of innocence requiring proof beyond criminal justice lawyer reasonable doubt.
In public urination cases, I have found that in most instances, police issue summonses and tickets to (or even arrest) anyone even suspected of urinating in public, without regard to issues of proof. For example, if someone is in an alley with the intent of urinating and is unzipping or unbuttoning his or her pants, the police will often issue a summons regardless of whether or not the person actually urinated. What's important to note is that so far as I am aware, no state or jurisdiction contains any laws that prohibit 'attempted public urination' or 'intent to publicly urinate;' therefore, any summons, arrest or ticket directed towards someone who has not actually excreted any urine is improper and unlawful.
Furthermore, often times a person who chooses to urinate in public has their back turned to the arresting or issuing officer, impeding the officer's view and causing further problems with proof. Say for example, that a person merely turns his back and faces a wall to adjust a stuck zipper or to make some other 'adjustment' that requires a level of modesty. An observant police officer might assume that the 'adjuster' is urinating and improperly issue a summons.
Very rare is the occasion in which the police officer physically and clearly observes the defendant actually urinating. Colorado’s award-winning auto accident and personal injury law firm, providing the highest caliber representation with a proven track record of getting results. Our leading Denver personal injury attorneys will move mountains to get you the results you deserve. We are dedicated to our clients and have helped thousands of people throughout Colorado, recovering millions of dollars, and always offering 100% free consultations. Call us today to find out how we can help!Therefore, proving the case beyond a reasonable doubt becomes a far more complicated issue.
Many police officers will attempt to buttress a public urination charge by asking the defendant one or civil litigation law questions designed to acquire an admission, such as 'What were you doing?' which often results in an apology. An apology often has the legal effect of acting as an admission of guilt, thereby making the job of proving guilt far more easier.
In other cases, small claims attorneys officer might observe a defendant facing a wall lawyer terms in approaching the defendant, may make visual, aural and/or nasal observations (PO noted a yellow liquid pooling one foot from defendant which this PO concluded was urine based on the odor). In making these observations, the officer is making a record of his observations to help prove guilt in a court of law.
In any event, keep in mind that in nearly all cases, the police will not be scraping urine samples off the street (as seen in CSI!), so proving that the urine on the ground contains your genetic DNA markers will usually not be a part of the proof introduced at any trial!
For the most part, the criminal case against a public urination defendant will consist of criminal lawsuit lawyers police officer's written observations (sight, smell, etc.) and any statements made by the defendant.
Therefore, the most important part of fighting your public urination case (or any criminal case for that matter) is to not make any comments to the police at the time of arrest or issuance of the summons or ticket. The only thing you are required to do is provide some form of identification upon request. If you are asked what you were doing, you are under no legal obligation to either answer or even tell the truth.