I live with 3 other bachelor roommates ages between 21-26.
A few weeks ago I had just returned home from a trip and I didn't get into my house until about 10PM. I came home to one of my roommates throwing a party for his birthday. At about 1AM officers were called to our home for a noise disturbance. Being that I was the most sober and the home-owner had passed out already I answered the door. The officer simply said "We have better things to do, turn down the music, we don't want to come back". I turned the music down and went to sleep. An hour later my roommate throwing the party wakes me up and says the police are back (music got turned back up) and they only want to talk to me. As soon as I walk outside they placed me in cuffs and eventually ended up citing me for "disorderly conduct". I don't think I should have recieved this charge. I am the one who respected the officers enough to even answer the door. Not too mention there was a house of 30+ others that didn't recieve one.
2007-06-18 10:06:02 · 12 answers · asked by sliver 1 in Politics & Government ➔ Law Enforcement & Police
Also the officer asked for the home owner the first time I came out. But I told him "he got drunk and is passed out. I can turn the music down for you."
2007-06-18 10:14:15 · update #1
Fight it!! The owner, not you, is the one to be charged. They acted poorly, and need to see that that is not permissible!!
Chow!!
2007-06-18 10:27:18 · answer #1 · answered by No one 7 · 0⤊ 0⤋
From reading what you had said in your additional notes you are going to have a very hard time fighting this. By answering the door and stating that the homeowner was passed out and that you would take care of the situation puts you as the responsible party for the homeowner. Because the party continued back up even though you were asleep at the time you already had identified yourself as the responsible person at the party. This means that as soon as they warned the first time If there were to be a second time you would take the fall. I hope all goes well and you can fight this, but do not be disappointed if you do not win. Your only hope to winning this case is if the police officer does not show up to court. At this point explain to the judge exactly as you have here on this site and I do not see how the judge would continue through with the charge. But of course this is only a suggestion.
2007-06-18 10:22:54 · answer #2 · answered by Turtle 3 · 0⤊ 0⤋
Sure fight it if you want, but here is the real deal; despite what anybody here says the police didn't give a rats as$ if you were responsible. They just wanted the damn neighbors to quit calling. Fight it and beat it maybe,or have the other dickheads chip in and pay the fine. Even if you fight the case and win it could be a Pyrrhic victory however if you have to foot the legal bill.
The guys that gave you the citation probably won't even bother coming to court, because I guarantee they don't give a damn. Ultimately they just wanted your whining neighbors to shut the hell up. Mission accomplished I bet.
2007-06-18 10:48:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If what you're saying is true, you were not the one at fault. Even the charge of disorderly conduct is incorrect. It should have been disturbing the peace. In any event, I would hire an attorney. I'm certain the case will be dismissed, and your record will be cleared. If I were you, I'd look for another roommate. He's the one that should have been charged.
Good luck!
2007-06-18 10:26:49 · answer #4 · answered by gldjns 7 · 0⤊ 0⤋
Seriously speak to an attorney, If you're a poor student contact legal services and get assistance and try to get your story told. collect receipts taht show you were out of town, get notarized affadavits from responsible adults who saw you when this part was going on and you were somewhere else. Did you get a parking receipt or a toll receipt or maybe a ticket.
Gather witnesses.
If its just a misdemeanor with a 25 dollar fine discuss pleading no contest with your atty. You are admitting no guilt.
I'm no lawyer so don't take these ideas as any more than suggestions.
Get a lawyer
2007-06-18 10:16:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
A lawyer will be able to have the charges dropped in 30 seconds.
As for your roommate, are do you really believe his story the police wouldn't talk to anyone but you and he tried but failed miserably to set the record straight? I have some radioactive, toxic chemical landfill that's for sale for only $500,000 an acre for sale. A bargain at twice the price.
2007-06-18 10:40:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, fight the charge. Have everyone at the party come in to the hearing to testify.
2007-06-18 10:10:17 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋
Fight it, and get a lawyer if you have to. It probably won't come to you having to get a lawyer. Just go to court, and explain it to the judge exactly how you did on here.
2007-06-18 10:10:33 · answer #8 · answered by cardinalfanusa 3 · 0⤊ 0⤋
Yeah, I would fight that one. However, you'll probably end up having to pay the fine anyways because the courts want your money.
2007-06-18 10:09:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
First things first. Get rid of the dumbass roommates who created this situation in the first place, then fight it.
2007-06-18 10:10:47 · answer #10 · answered by MD 4 · 0⤊ 1⤋