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What to do about a disturbing of the peace misdemeanor?

Sunnyvale, CA |

I was in California visiting a friend and I attended a housewarming party. The party got too loud and the cops were asked to come. We ended the party after the second time they came, but they came a third time while a few of us were left cleaning the house. I told them that we weren't being loud and that the neighbor who called was just being difficult. They ended up issuing me a misdemeanor for disturbing of the peace. Is it possible for them to give me a ticket if I wasn't the host/home owner? I answered the door to be responsible. I don't even live in California. I would have to fly back to California to attend the court date. Is this easy to fight in court? I would like to avoid this going on my record, if at all possible, since I've never had a run in with the law before this.

Attorney Answers 5

Posted

Contact a local criminal defense attorney. He or she can appear for you on these charges.

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.

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Posted

Thank you for your response.

Posted

An attorney can appear for you in all proceedings. This can most likely be resolved.

Andrew Roberts

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Thank you for your response. It definitely puts my mind at ease.

Posted

If you don't show, and don't hire an attorney to appear for you, it will be a conviction. It is not a hard case to fight at trial, as long as you are there.

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If I decide to go to court, should I hire a lawyer or go at it alone? What are the chances of getting this completely removed? I know that misdemeanors will go on your record permanently, but I'm seeing mixed answers about infractions. Thanks for your quick response!

Posted

Sounds like the police were being a little heavy handed, if you ask me. Yes a 415 can be infracted, but you should have an attorney assist you on this, as you don't want to say or do the wrong thing and have that posibility thrown out the window. An attorney can also appear on your behalf, so you don't even have to come out here. Did you get your ticket in Sunnyvale? I practice in Santa Clara county - feel free to contact me for a free consult to discuss your case and your options (925) 605-8747. Good Luck.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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Posted

I just handled a case almost exactly like this in Walnut Creek. My client was visiting from out of state, there was a party, cops came and issued citations. I was able to work out a deal that avoided the DA even filing charges. Though I obviously can't guarantee any specific results in your case, I'd be happy to talk to you over the phone about your situation. Feel free to contact me.

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