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Receivedsummons case non -traffic ticket with charge of

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receivedsummons for summary case non...
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: 2 years ago.Category: Criminal Law
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Answered in 7 minutes by:
2/26/2016
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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Hello

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.

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Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

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Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

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Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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

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Customer reply replied 2 years 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.
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

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Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

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

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