Public Urination, Hermosa Beach, City Prosecutor Diversion

Our client, age 27, had no prior criminal history.  He and a few friends from work agreed to meet up in Hermosa Beach one evening in January (it was our client’s birthday as well) to watch the NFL playoffs in one of the Pier Plaza bars that had big-screen TV’s.  The group looked forward to the raucous atmosphere, a few beers and some food.

After several hours of watching the NFL games, as well as a few beers, the group disbanded and headed their separate ways home.  Our client, from Lynnwood, wisely opted for an Uber home.

While waiting for the Uber to arrive, however, he was not so wise.  He went over to the Citibank building and, on the north side, along an east-west wall, decided to urinate just as two uniformed Hermosa Beach police officers on foot walked by.  The two officers were well aware that this particular location was a common location for public urination, often by folks waiting for a taxi or Uber.

One officer described our client as urinating next to a pole, with his back to the officer and a steady stream of urine falling from his midsection, with his hands near his waist.  When our client finished, the police officer called over to our client, “excuse me, sir” and our client turned around, with his pants fly still fully unzipped.  Allegedly, our client apologized for urinating.

The officer then asked our client for his identification and issued him a ticket for violating Penal Code § 372, “public nuisance,” and circled “M” on the ticket to indicate the offense was a misdemeanor.  The officer then filled out an arraignment date for our client to appear in the Torrance Court and asked our client to sign a promise to appear in court on this date.  Our client signed the ticket and the officer then handed him a copy.  The two then parted ways.

About a month later, our client called Greg Hill & Associates and discussed the ticket with Greg.  The client stated that he was not urinating at all, but was standing next to a female, who was urinating nearby.  

Greg explained that he had represented several clients who similarly were not urinating, but were standing nearby while someone else was urinating and still received a ticket for public urination.  Greg stated that most of these cases were not filed, but some were filed.

Greg then explained how such cases are generally resolved at the Torrance Courthouse.  Greg discussed judicial diversion, as well as City Prosecutor diversion and how the two forms of diversion differed only slightly.  Greg then described how the most recent public urination cases he had handled from Hermosa Beach were resolved.

To be afforded the lightest terms of diversion, Greg recommended that the client attend at least ten Alcoholics Anonymous (AA) meetings prior to the arraignment to demonstrate he was trying to better understand the effects of alcohol on his judgment and mental clarity.  Greg then emailed the client an AA sign-in sheet for the client to use to record his attendance at each meeting.  Greg further explained that he would show the prosecutor, and possibly the judge, the client’s proof of attending ten AA meetings, which would most likely reduce the community service required as part of diversion.

The client then retained Greg Hill & Associates.

Greg then appeared in the Torrance Superior Court for the client’s arraignment.  The client stayed at work.

Greg reviewed the police report, which said nothing about our client merely standing by a female squatting to urinate nearby, and then discussed the client’s having attended ten AA meetings already.  The Redondo Beach City Prosecutor (who handles Hermosa Beach misdemeanor matters) was impressed with our client having attended ten AA meetings in advance of the arraignment and “sweetened” her diversion offer from 30 hours of community service to 20 hours, or alternatively, that our client make a “donation” of $350 to the Hermosa Beach Nuisance Abatement Fund.  Once our client performed the 20 hours of community service or made the $350 “donation,” our client would be eligible to have the case dismissed “in the interest of justice” under Penal Code § 1385.

Greg then explained to the client the offer the Redondo Beach City Prosecutor made and how he would be eligible for sealing the police report and court documents once the case was dismissed under Penal Code § 1385.  The client was very happy with how things were handled and his opportunity to “earn a dismissal” that would then allow him to get a court order deleting, erasing or removing the record of his birthday evening.