Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to hear about your son's unfortunate situation.
Is the noise violation still pending?
He attends U.N.D.
In the engineering program
What was the exact disposition of your son's criminal case?
Was it deferred prosecution?
As long as he keeps out of trouble?
I believe so
I let him handle it All part of growing up I guess
Yes that is true.
Do you know the statute that your son is charged with violating as far as the noise case?
So now I am getting edgy He is a very good kid never been in trouble wrong place wrong time
The important thing here , is whether the new noise case is a civil violation or a criminal violation.
Do you know the exact noise statute?
Loud party violation ordinace 90110
He Thinks that is what the ticket says
Please give me a minute to look it up.
What city was this violation issued?
Grand Forks North Dakota
9-0110. - Noisy party or gathering.
No person shall participate in any party or gathering consisting of two (2) or more people when said party or gathering gives rise to unreasonable noise likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area, in consideration of the time of day and the residential character of said area or building.
When a law enforcement officer determines that a gathering is creating such a noisy disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave the premises after being told by a police officer to do so.
Every owner of such premises, or tenant in charge of such premises, who has knowledge of the disturbance shall cooperate with such police officer and shall make reasonable efforts to stop the disturbance.
The following shall be prima facie evidence in any prosecution under this section of the owner's or tenant's violation of this section.
As to tenants, and owner if owner resides on the premises, if twice or more on the same day or if on successive days, any law enforcement agency is called upon to enforce the terms of this section either by citizen complaint or by personal investigation of a police officer.
As to the owner if the owner does not reside at the premises, if after the owner receives written notice of three (3) violations of this section by the owner's tenant at any premises owned by the owner in the City of Grand Forks within a six-month period, and after receipt of such written notice, the Grand Forks Police Department is called upon to enforce this section either by citizen complaint or by personal investigation of a police officer.
Noise of such volume so as to be clearly audible at a distance of fifty (50) feet from the structure, or building in which the party or gathering is occurring, or in the case of apartment buildings in the adjacent hallway or apartment, shall be prima facie evidence of unreasonable noise in violation of this section.
For the purposes of this section, "premises" shall mean:
The building actually leased or owned by the person occupying the leasehold or real estate;
The appurtenant lot and outbuildings of said leasehold or real estate; and
The common entryways and exit ways of said leasehold or real estate whether or not these ways are privately controlled or commonly available to other tenants.
This is the ordinance in question.
Unfortunately, because this is a criminal offense, your son can be found in violation of his probation, if he is in fact found guilty of this criminal violation.
The police were driving by and saw people in their yard didn't charge anyone with anything, said the boys were all cooperative just gave them noise violations. There wasn't a complaint by the neighbors
So basically, if your son pleads guilty to this criminal violation or is found guilty at trial, he can be found in violation of his probation in the previous case and re-sentenced to some jail time by the judge and also the previous case would not be dismissed.
I completely understand.
Unfortunately, given the criminal nature of this violation, your son does need to consult and retain local experienced criminal defense attorney.
That's what I feared
This local attorney can put every effort forward to make sure that the case does not result in a criminal conviction and does not interfere with the disposition of your son's previous case, which is by far most serious consequence.
The same local criminal defense attorney can make sure that the previous criminal case is not negatively impacted by this unfortunate minor criminal violation.
Also, the noise violation offense is a misdemeanor and does carry a fine of up to $1,000 and an imprisonment of up to 30 days in jail upon conviction.
Of course these are the maximum penalties.
Does this make sense?
The public defender thinks she has a good chance to win she said at least 50/50
I would strongly suggest getting an experienced local private criminal attorney for your son.
Public defenders are good lawyers, but they often time lack the time and energy that is required for each defendant's case.
Simply because their case load is very large
Do you have any related follow up questions?
No I think you answered everything Thank You
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I wish you the best of luck and GOD bless you!
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