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moonrockmushy
High on Spite



Registered: 07/01/05
Posts: 19,067
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Re: Cops - noise complaint? [Re: XUL]
#22035519 - 08/02/15 09:53 PM (8 years, 5 months ago) |
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I don't see how they could issue you a fine for a vehicle you don't own. This is your town government enforcing a city ordinance, right? Not something to do with a contract you signed with your landlord? I think we never could give you advice without knowing what exactly the law is, and many other details. If it is a civil offense I'm pretty sure you can go talk to a judge or some official and argue your case without needing a lawyer, and if you lose you will just be stuck with the fine.
Aside from that I would say your best bet is to keep on the straight and narrow, move to someplace with better/no neighbors, or make a significant contribution to the offending police in the form of financial donations and/or sexual favors.
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Boomer The Great


Registered: 10/30/14
Posts: 5,504
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I would fight it. Chances are the cop won't even show up and then it will be thrown out.
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Gorlax



Registered: 05/06/08
Posts: 6,695
Last seen: 16 days, 21 hours
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or just act like a normal person and not someone you see on cops.
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Boomer The Great


Registered: 10/30/14
Posts: 5,504
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Re: Cops - noise complaint? [Re: Gorlax]
#22035733 - 08/02/15 10:47 PM (8 years, 5 months ago) |
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Quote:
Gorlax said: or just act like a normal person and not someone you see on cops.
Does not compute....what is wrong with fighting a fine?
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Gorlax



Registered: 05/06/08
Posts: 6,695
Last seen: 16 days, 21 hours
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it all sprung from him running inside and locking his door. He claims to have done nothing illegal, so why do all that?? Has two different stories in two separate posts which don't add up. Sounds like he was legitimately causing a ruckus outside and knew it.
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Boomer The Great


Registered: 10/30/14
Posts: 5,504
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Re: Cops - noise complaint? [Re: Gorlax]
#22035763 - 08/02/15 10:55 PM (8 years, 5 months ago) |
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Quote:
Gorlax said: it all sprung from him running inside and locking his door. He claims to have done nothing illegal, so why do all that?? Has two different stories in two separate posts which don't add up. Sounds like he was legitimately causing a ruckus outside and knew it.
Oh ok I'm glad you explained further. I was just trying to get that out of you. I agree just because the cop asked for your ID doesn't mean he was going to do anything to you. That's pretty standard for them to ask for that first ALWAYS. Then they would have probably had a conversation with you about the situation.
I only said go to court now because well the citation was issued nothing he can do about it. I know that simple noise violation can be a pretty hefty fine depending on what city you are in.
But OP for learning experience I have had cops come to my apartment for noise and I was throwing a party. I complied with them, everyone left, I gave them my ID. And then we chatted for while. In the end nothing happened to me. Think about your situation compared to mine and if you would have just given him your ID and talked to him.
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Gorlax



Registered: 05/06/08
Posts: 6,695
Last seen: 16 days, 21 hours
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Yep. Going to court for it and explaining that he locked himself indoors won't fly. He will have to pay the fine.
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Boomer The Great


Registered: 10/30/14
Posts: 5,504
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Re: Cops - noise complaint? [Re: Gorlax]
#22035888 - 08/02/15 11:24 PM (8 years, 5 months ago) |
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Quote:
Gorlax said: Yep. Going to court for it and explaining that he locked himself indoors won't fly. He will have to pay the fine.
Agreed. But what I'm saying is if the officer who issued the citation doesn't show up then well he doesn't have to explain anything. Am I correct?
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Gorlax



Registered: 05/06/08
Posts: 6,695
Last seen: 16 days, 21 hours
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Depends on the complaint. They get paid overtime for showing up so most do. Only reasons for things to be dismissed from my experience are lack of evidence or errors in the citation.
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moonrockmushy
High on Spite



Registered: 07/01/05
Posts: 19,067
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Re: Cops - noise complaint? [Re: Gorlax]
#22035953 - 08/02/15 11:42 PM (8 years, 5 months ago) |
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Yeah I think the general practice for non-criminal cases is for the police to send a representative for the first appearance to state their charge, or maybe even you just talk to a magistrate and they will take a look, and possibly throw it out if they can't make a case, but if you plead not guilty and they want to continue then they will give you another date where the cop might have to show up before a judge. That's how it works for some traffic violations around here at least, but it probably varies state to state and depends on the exact circumstances.
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Boomer The Great


Registered: 10/30/14
Posts: 5,504
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Quote:
moonrockmushy said: Yeah I think the general practice for non-criminal cases is for the police to send a representative for the police for the first appearance to state their charge, or maybe even you just talk to a magistrate and they will take a look, and possibly throw it out if they can't make a case, but if you plead not guilty and they want to continue then they will give you another date where the cop might have to show up before a judge. That's how it works for some traffic violations around here at least, but it probably varies state to state and depends on the exact circumstances.
Right. I'm in PA and I had a noise violation one time and was waiting to go into the court room. A different officer who did not issue my citation came up to me and said "if you are here for "so and so" (I can't remember his name, but the officer who issued my citation) he can't make it today you are free to go" And that was that.
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moonrockmushy
High on Spite



Registered: 07/01/05
Posts: 19,067
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It might not be the same in PA, but I know in MA that officer does not need to show up only a representative from the police, and they can use a written statement from the officer as evidence against you.
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Boomer The Great


Registered: 10/30/14
Posts: 5,504
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Interesting. You know what....now that I'm remembering back there was a murder case going on before me and well it was taking a long time. So the other officer didn't feel like coming back another day lol.
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Enjoywho
Rags to Bitches



Registered: 07/06/09
Posts: 20,880
Last seen: 2 years, 6 months
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Quote:
SteveRogers said: He ommited quite a few details from his original thread.
OP, speak to a lawyer and just show up in court with a plan. Odds are the officer will fail to appear and the case will dismissed.
Ya generally what I've done for every ticket i get. Make them have to show up had quite a few tickets dropped because of it.
-------------------- "I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks "The road to hell is paved with good intentions." "In the days of kings and queens I was a jester." "And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies "Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"
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