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I am a 71 year old single female who lives in a condo. There are 4 units connected. My neighbor who is a retired policeman, age 54, has been continually playing music where the bass vibrates into my bedroom causing me to feel he is a nuisance. It has been an issue with me for over 3 years. I have tried to talk with him, sent him a letter to open some dialog, contacted 911 at least 15 or more times, and he was also issued a ticket (because of the numerous 911 calls) but the ticket was through out because it did not fall under the noise ordinances in ,XXX. He believes he is doing nothing wrong. The Association has not been any help even though the Bylaws prohibit this activity. On June 20th I was walking through the back to get to my property to do some yard work and he yelled at me to get off his property. This is not his property; it is considered a common grounds. The noise continued and I contacted 911 two additional times as well as having the Association President witness the noise recently. He is trying to sell his condo stating I am a nuisance to him. Today, 8/3, I answered the door and it was a Police Officer. He gave me a ticket stating I was being accused of window peeking on 6/20 a misdemeanor. Since this happened, I have not walked anywhere near his condo or the common grounds. I am to appear in court on 8/12 on this misdemeanor charge. It was 2 pm when this happened. I walked without stopping not even near his condo and did not peek into his window. I believe he is getting back at me for getting the Association further involved. I believe he is harassing me and I am very afraid of him - he is doing all of these things in intimidate me. The questions I have are: Should I be overly concerned? Should I have an attorney represent me at this court date? Should I sue him for harassment? Why did I just receive this ticket 5 weeks after this supposedly occurred? Please advise me on the steps I need to take. Also, he is a retired police officer and police support police. Thank you in advance. XXXXXX XXX-XXX-XXXX
Thank you for your question, Melanie.It is quite true that police tend to support police even when they should not. I also agree with you that this ticket appears to be retaliatory in nature and not really based on a legitimate concern or factor. That does not make the citation any less invalid, so I would suggest that you consider first beating the ticket (by appearing in court, hopefully with an attorney, and showing that you did not do what you are accused of doing). Most of the time judges are aware that this is purely retaliatory between neighbors and throws out this ticket, but it would be wise to still come up prepared--specifically by bringing up his records of all the complaints made against him as a motive for his complaint against you.Then, once you beat the ticket, then you can consider counter suing for harassment and for malicious prosecution.Good luck.
This information is very helpful but I had further questions that needed to be answered. Is there any additional charges
Melanie,I am glad to help. If you have additional questions stemming from this situation and they are not out of scope, I would be happy to answer further. But if the questions are on separate and different topics, then I would ask that you post them separately and then potentially additional charges may apply.Otherwise if satisfied, please do not forget to positively rate my answers to you so I may obtain credit. Thank you!
Educator, Esq: Follow up question: Is the following
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