Tuesday, November 22, 2011

PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??

Hi guys, I am in DESPERATE help for some advice. A week ago, I had 5 friends over my apartment. We had NO blasting music, and were just watching tv, and some of my friends were hanging out on my balcony. The police knocked on my door and gave me a misdemeanor for ';Disturbing the Peace';, with 5 people !! and NO blasting music. He was a total ***, and didn't give me a warning. A few days later, my neighbors had a party with blasting music and over 20 people. I videotaped some footage, called the police on them, and the cop gave them a WARNING!! With over 20 people and Blasting music. Where is the logic here??


I never been charged with anything, I am a 22 year old student, about to get my teaching credential. This is going to mess up my career, and I need to know if it is possible to contest this misdemeanor and reduce it to an infraction, or expunge it?? And if my video tape is enough evidence for court.. Please help me guys, I don't know what to do and this is eating me up inside =( Thank you so much. PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??
Plead not guilty for sure. The key though is going to be appearing in front of the magistrate in a responsible and mature manor. Do not argue the fact that the cop may have been a jerk. That fact is irrelevant once the citation is written. The best thing you can do is show up and be as respectful as possible. Explain your situation with your chosen profession and the impact this would have on your record. Tell them that your concern is not about the fine rather your record. Leave the neighbors and whether or not it was “fair” out of it. Trust me that will only hurt you. As long as you were not a jerk to the cop and you behave yourself in front of the magistrate you should be fine. PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??
If it is anything like a traffic ticket, they give you a court date. If you show up for the court date with your argument (include witness statements and your evidence that another neighbor was first given a warning) you will at least receive a reduced fine, if not better. They really favor those that take the time to show for their court dates. Good luck!
disturbing the peace is minor its nothing 2 worry about i done things 10000 times worth when i was 12 yrs old lol ur friends must of done something like throwing things off the balcony or something u don't know about dw about it, it wont screw up ur career unless they arrest u and take u 2 court and press charges theres nothing 2 worry about
yes you can fight it and you need to and bring Friends with you to court and the other thing since you have pictures fight that in small claims court or jp court and get it right this time.
Since you said ';balcony';, I'm going to guess it was probably your downstairs neighbors who complained, if you weren't that loud. Footsteps of 5 people moving around can be noisy. You don't have to have blasting music to disturb someone. Most apartments have paper thin walls and just talking, joking and cutting up will set some people off.


You can go to court on the day specified and dispute the charges. If the cop doesn't show up, there's a chance it will be dismissed. Even if he does, you have a chance. Go in, politely explain that you've never been charged with anything, and you are worried about the misdemeanor causing a problem when you go to get a position. Dress as if you were already a teacher, be polite and don't get upset. The tape probably won't do you any good unless you have something to prove how un-loud you were. Perhaps a neighbor would vouch for you?


Good Luck!

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