Loud and Raucous Noise Declared a Nuisance

[RJDaniels]

I had a party at my house in Virginia that got out of hand and the police showed up, they were called by a neighbor. I was given a summons for "Loud and Raucous Noise Declared a Nuisance" (Law Section 26.1-1 Newport News, VA) with the option of skipping court and just paying the fine.

The police officer who gave me the summons said something about going to court and I could get off, and so did a few friends, but I've never been to court and I don't know quite what to do.

Some additional info:

-The police never gave a warning, nor had they been called to our house before
-I have no criminal record whatsoever

So basically what I've been told by some people is to just show my face at court and they might lower the fine or drop it completely.

If so, how do I do that? Do I plead guilty or not guilty? Do I throw anything in there like "We haven't had any parties since" or "this is my first offense" or does the judge not even care about that kind of stuff?

Any advice is greatly appreciated!

-Rob

 

[mafioso]

Being the first time, you have a good chance of fighting it and succeeding..........Just come up with a good explanation of some reason it got loud for a couple of minutes.........It is not like you were warned and still continued to be loud before getting the citation. You have a fair good shot...judges understand giving it is your first time. Plead not guilty and contest it if you have the time.

 

[RJDaniels]

Thank you, that answers one of my main questions, what to plead. If I were to plead guilty, would they just say "OK you're done, pay your fine and get out of here"?

I've been reading some other advice on this board, and some were advised to talk to the court clerk beforehand or something? Or the DA?

Being that this is my first time in a courtroom, I just don't want to get laughed out of the place, by having the judge saying something like "why are you wasting my time?" I obviously will dress nicely and be polite, but I feel like I'm about to walk into another country here and don't want to offend anyone by not knowing their customs.

Thanks again!

 

[mafioso]

Plead not guilty. If you plead guilty it means admission of guilt and to pay the fine. Plead not guilty and during the hearing would explain why you feel it was unfair and did not deserve a ticket. You don't need a lawyer for such a small ticket. If you feel you can't handle it then getting one just makes it expensive. The court setting is not as intimidating as many people think. The judges and court clerks usually understand most people are first time offenders in court. Just be formally dressed and act like you had a job interview. You can talk to the court clerk about anything expected of you. The DA sometimes can offer deals............use good judgment and fight depending on how bad the evidence against you is. From what you say, sounds to me like you can beat the charge. The judge or clerk would be nice to you and treat you with respect. Don't worry about it..........go give your best. If you lose, you simply pay the original fine or the judge can reduce it...etc

 

[RJDaniels]

Thanks again, your advice helped!

I just got back from court and I'll tell you how it went in case anyone is doing any research:

I got called to approach the bench where the cop was already standing as the judge had been going through that officer's cases. The cop read the charge, and the judge asked how I plead, I said "not guilty" then he asked if I had any questions for the officer, I said no. The judge then asked if I had anything to say for myself, I said basically that the party had just been out of control for a moment, and I was working on getting it under control when the cops showed up. The judge asked the cop if I was cooperative, he said yes.

The judge said "well you're getting a break today, just don't let it happen again otherwise you'll get the full fine." I said thanks and left without paying a dime.

Thanks again for the advice and hopefully this can also help some people out.