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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Receivedsummons case non -traffic ticket with charge of

Customer Question

receivedsummons for summary case non -traffic ticket with charge of "disorderly conduct-unreasonable noice" 5503 A2 (Lead). Fine $300 and costs 162.5 Total due 462.5. I don't agree. It is crazy and I am upset. But is it good idea to plead guilty and pay the fine or fight it? Will it affect my record anyway. Is it criminal case?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Samuel II replied 12 months ago.


This is Samuel and I will discuss this and provide you information in this regard.

Disorderly conduct for unreasonable noise is a specific intent offense. That means the Commonwealth must prove that the Defendant intended to cause or created the risk of causing a public inconvenience. The court will look into factors such as the volume of the noise, whether the the public peace was upset, and the time of day the noise took place.

Expert:  Samuel II replied 12 months ago.

So you need to decide if the reason for the citation is justified. Only you know if you have been unreasonable noisy at unreasonable times and if you did so with an Intent to cause the community hardship.

Expert:  Samuel II replied 12 months ago.

If you feel the Commonwealth can prove that you made the noise with an intent to harm the community, then you might want to plead guilty. Otherwise, you can consider going to court and contesting this.

Expert:  Samuel II replied 12 months ago.

That Pennsylvania statute defines disorderly conduct as conduct that has “intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof.” Disorderly conduct includes fighting, threatening, making unreasonable noise, and using obscene language and gestures

Customer: replied 12 months ago.
This disorderly conduct is not in public place. My neighbor below my apartment complained that I banged the floor around 2 clock. She also makes lot of noices al the time. She is crazy lady. Police showed up and gave me ticket based on her story and actions.
Expert:  Samuel II replied 12 months ago.

Thank you.

As noted, it is not about being in a public place, but rather just that your noise is traveling into a public area. As I stated, the Commonwealth, meaning the prosecutor needs to show you intentionally caused the noise to disrupt the right of quiet enjoyment of others around you.

So if you decide to fight it, you can explain that you did not intend to make too much noise and had no intent to make noise that would be considered a public disturbance.

Expert:  Samuel II replied 12 months ago.

If your neighbor makes too much noise call the police and report her when it is happening.

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