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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

  1. 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.

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

    Andrew Roberts

  3. 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.

    Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O

  4. 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.

  5. 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.