Got a disturbing the peace ticket for throwing a party that got out of control. Also need to know if it will go on my record and if i can lower the charges/ avoid any type of paying. Last part of the question is how long does is usually take for the ticket to me mailed to my address.
Penal Code 415 PC or "disturbing the peace" is a "wobbler," which means that it is an offense that, depending on the circumstances, prosecutors can charge as either a misdemeanor or as an infraction. Your violation would fall under subsection(2) for unreasonable noise which requires proof that 1. you willfully and maliciously caused loud and unreasonable noise, and 2.the noise disturbed another person. Because of the strict nature of these definitions and requirements, police don't usually arrest people for maliciously causing unreasonable noise. You may have been charged under a local municpal code instead. Without knowing the actual charge, I cannot answer how much the fine will cost nor how long until you recieve the citation in the mail.
Legal disclaimer: This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.
Criminal Defense Attorney
These types of cases are generally disposed of before trial in a manner favorable to the defendant. I DID NOT say dismissed. But this will not happen if you go t court and agree to whatever the DA wants. Hire counsel.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Mr. Hudson is correct. These matters are usually disposed of before trial- typically with a fine and community service. You should have an attorney to deal with this.
A misdemeanor disturbing the peace charge normally carries a $700 fine and additional fees attached. Depending on the circumstances, a good defense attorney can negotiate a simple citation resulting in no criminal conviction and a fine about half that of the misdemeanor. Some of the fine may be converted to community service. They should've given you a ticket at the time of the incident, otherwise you'll be sent a letter telling you when to appear in court. Please feel free to contact my office to address any further questions or concerns.