How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13063
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
26296561
Type Your Criminal Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

My son was charges with a minor and fleeing a peace officer

Resolved Question:

My son was charges with a minor and fleeing a peace officer almost 2 yrs ago. He went to court he was fined and did some community service and was put on probation for a year at which they told him he could get it off his record. Approx. 2 weeks before the year was up, the house he is renting with 5 other guys was given a noise ordinance violation, All the boys were to go to court and ended up paying a fine of $400 a piece. When my son went he pled not guilty. because of his past offense. He just went to court and said if he pled guilty he would have to pay $200 My question is What is this going to do to his record. Can he get his record cleared. He is dealing with a public defender as he doesn't have any money. And are thinking of going to a jury trial.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Customer:

Yes

Alex Esquire :

Welcome to JustAnswer.com

Customer:

Thanks

Alex Esquire :

I am sorry to hear about your son's unfortunate situation.

Alex Esquire :

Is the noise violation still pending?

Customer:

yes

Customer:

He attends U.N.D.

Customer:

In the engineering program

Alex Esquire :

What was the exact disposition of your son's criminal case?

Alex Esquire :

Was it deferred prosecution?

Alex Esquire :

As long as he keeps out of trouble?

Customer:

I believe so

Customer:

I let him handle it All part of growing up I guess

Alex Esquire :

Yes that is true.

Alex Esquire :

Do you know the statute that your son is charged with violating as far as the noise case?

Customer:

So now I am getting edgy He is a very good kid never been in trouble wrong place wrong time

Alex Esquire :

I understand.

Alex Esquire :

The important thing here , is whether the new noise case is a civil violation or a criminal violation.

Alex Esquire :

Do you know the exact noise statute?

Customer:

Loud party violation ordinace 90110

Customer:

He Thinks that is what the ticket says

Alex Esquire :

Thank you.

Alex Esquire :

Please give me a minute to look it up.

Customer:

Thank you

Alex Esquire :

What city was this violation issued?

Customer:

Grand Forks North Dakota

Alex Esquire :

9-0110. - Noisy party or gathering.

permanent link to this piece of content
Full Size Image


(1)


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.


(2)


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.


(3)


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.


(4)


The following shall be prima facie evidence in any prosecution under this section of the owner's or tenant's violation of this section.


(A)


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.


(B)


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.


(C)


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.


(5)


For the purposes of this section, "premises" shall mean:


(A)


The building actually leased or owned by the person occupying the leasehold or real estate;


(B)


The appurtenant lot and outbuildings of said leasehold or real estate; and


(C)


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.

Alex Esquire :

This is the ordinance in question.

Alex Esquire :

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.

Customer:

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

Alex Esquire :

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.

Alex Esquire :

I completely understand.

Alex Esquire :

Unfortunately, given the criminal nature of this violation, your son does need to consult and retain local experienced criminal defense attorney.

Customer:

That's what I feared

Alex Esquire :

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.

Alex Esquire :

The same local criminal defense attorney can make sure that the previous criminal case is not negatively impacted by this unfortunate minor criminal violation.

Alex Esquire :

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.

Alex Esquire :

Of course these are the maximum penalties.

Alex Esquire :

Does this make sense?

Customer:

The public defender thinks she has a good chance to win she said at least 50/50

Alex Esquire :

I would strongly suggest getting an experienced local private criminal attorney for your son.

Customer:

Okay

Alex Esquire :

Public defenders are good lawyers, but they often time lack the time and energy that is required for each defendant's case.

Alex Esquire :

Simply because their case load is very large

Alex Esquire :

Do you have any related follow up questions?

Customer:

No I think you answered everything Thank You

Alex Esquire :

Thank you and please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex Esquire :

I wish you the best of luck and GOD bless you!

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13063
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.