Legal Question in Criminal Law in Virginia

Disorderly conduct charge. State or County definition?

I have been charged with Disorderly Conduct under VA law 18.2-415. This was based on public urination after a concert in the parking lot. The police dept. was the Prince William County police department. I have read the definition of 18.2-415 as well as a similar Sec. 16-13 of the Prince william county code. The county code differs in that it explicitly states the public urination aspect as illegal, while the VA code doesn't specify public urination as part of the violation. I believe a good argument can be made against the VA charge, but not the county charge. My question is, if the summons list the VA charge, is the county charge irrelevant? How do the state and county charges relate?

Thanks


Asked on 6/16/05, 6:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Disorderly conduct charge. State or County definition?

The county is free to charge the acts and conduct

prohibited under VA. Code Sec. 18.2-415 in a more specific form so along as it doesn't fix the penalty any greater than that prescribed for a Class 1 misdemeanor. (See Va. Code Sec. 18.2-415.)

The local prosecutor can simply amend the summons which was issued to you if he wants to prosecute you under the more specific disorderly conduct charge of public urination as it is outlined in the county ordinances.

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Answered on 6/16/05, 7:37 pm


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