Legal Question in Criminal Law in California

I have a fine for "disturbing peace", but police reports never saw anything loud that was exaggerating like our neighbors would describe. All of this was an act of racism for being Jehovah's witness.we live in condos i live in the upper floor and my neighbors live in the lower floor Is there any right that I have so I won't have to pay this unreasonable fine?


Asked on 7/07/11, 4:14 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The short answer is you fight it. Although disturbing the peace under Penal Code section 415 has three different subsections, they all involve a malicious intent requirement. The prosecution has to prove (depending on the subsection and their theory) that you either 1) fought in public, 2) disturbed the peace of another person by loud and unreasonable noise or 3) used offensive words in a public place. Offensive words does not mean curse words or content that is unpopular - it must be speech that is likely to provoke an immediate and violent reaction.

I don't know where you are in the process - either just cited or you've already plead guilty and are wondering about the fine amount. You should sit down face to face with a local criminal defense attorney to discuss the situation.

Read more
Answered on 7/07/11, 4:20 pm
Terry A. Nelson Nelson & Lawless

If you have already been ordered by the court to pay a fine, you were already convicted and the case is over. Pay the fine or suffer an arrest for failure to comply with terms of probation.

If you are merely facing a potential fine and haven't been to trial, then you can fight the case. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Read more
Answered on 7/07/11, 5:56 pm


Related Questions & Answers

More Criminal Law questions and answers in California