Are you or someone you know in trouble for public urination in New York City? Public urination (the violating of the New York State Health Code 153.09 or 116-18 of the New York City Administrative Code) can be a minor or serious charge depending on how the summons was issued to the alleged offender. These charges may seem trivial but can actually give you a criminal record.I have handled hundreds of these charges and it still seems that whether the charge is written under 153.09 or 116-18 is an arbitrary decision made by the NYPD officer who issues the ticket. But the difference between the provisions is significant. When charged under the Health Code , it is a Misdemeanor, which is a CRIME under New York Law. A person convicted of this will have a permanent criminal conviction. When written up under the New York Administrative code, (116-18) urinating in public, even though it involves exactly the same conduct as 153.09, is just a violation.
Regardless of whether it is written under 153.09 or 116-18, there are circumstances that can be brought to the Court's attention at the time of arraignment on the charge which might convince the Judge to dismiss the charge or offer an ACD. Contact the
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