Generally, a Public Urination charge is what is termed a violation.
There are three levels of charges in the criminal justice system in the State of New York
1. Felony Charges
2. Misdemanor charges
Felonies – are crimes unishable by over one year of imprisonment.
Misdemeanors – are crimes punishable by up to one year of imprisonment.
Under almost all circumstances such charges originate with an arrest, and then end with a trial or a plea deal. In most instances the individual can not avoid having a criminal record, unless they have an especially crafty attorney.
Violations – however are charges that are generally not punishable by any jail time, but may have severe administrative ramifications.
In most instances, an individual is not arrested for a violation, instead they are given a summons to appear in Court for their arraignment. While you avoid going to jail initially, the process is exactly the same… in that you appear before a Judge for an arraignment, and there could possibly be a trial to determine your guilt or innocence on this matter, which could obviously have major ramifications. While in New York State there is no expungement of arrest records, which our office is currently lobbying to change, in the case of most violations it is not something that you would have to worry about if charged with a violation, as there technically is no arrest. When it comes to the Courts however, whatever disposition there is to the case could potentially leave a permanent blemish on your record. the way in which the case ends will be dterminative of what record there wil be of it, in essence this meaning that this is wholly determined by your representation.
It’s Official: Public Urination No Longer a Criminal Offense in New York City
Legislation championed by major Hillary Clinton allies passes in city council
New York City formally passed legislation this week that steers punishment for offenses such as public urination, littering, and drinking in public away from criminal court. The legislation was championed by City Council Speaker Melissa Mark-Viverito, a Hillary Clinton supporter who appeared on the campaign trail ahead of the Democratic primary. She said on Wednesday that the reform “is going to change trajectories for countless New Yorkers,” according to an Associated Press report.