On Probation; Neighbor Reported Loud Noise, Issued Noise Violation

[CredibleHulk]

The police even told me that getting a traffic ticket is worse than a simple noise ordinance ticket. They said that, in no way, should it be counted against me being on probation. I have obligations such as a job, taking care of my son, having bills to pay, etc. Most importantly, I haven't had law enforcement contact since a couple of years ago and am eligible for early release from probation as of next month. I'm due in court on the 19th, but I have an exam to take that morning so I will be going to court tomorrow morning to request that a later date be set. The neighbor (older woman, possibly early to mid 60s; lives downstairs) reported it at 8:35pm. The officer never finished filing the report until 9:19pm. But the noise was officially at when they arrived. This woman has complained about noise at 3:30 in the afternoon before, though no music was even playing. I was actually laying in bed. There have been times when the woman has kindly asked me to turn the music/tv down by a certain time later in the day because she'd be sleeping. I've cooperated with her and we've had no issues. Then, tonight, she randomly phones the police. She doesn't call me or the landlord. Instead, she calls the cops. I failed to mention the times she has called here to harass me and cuss me out about the noise, even when there was none. She complains about me walking in my apartment in the middle of the night to go to the bathroom because she hears the floors creek. I constantly hear neighbors having intercourse, playing music, vacuuming and hammer at odd hours of the night, etc. This woman has been known to start trouble with other tenants and she knows I'm on probation, which is why I think she ultimately decided to call the cops.

I'm going to talk to my probation officer in the morning about this so we can try getting it squared away. The cop told me to simply tell my probation officer and the judge that I had some buddies over, they got rowdy while I was in another room, and promise it'll never happen again. I'll have to pay a fine and possibly a court surcharge. I'm going to try fighting this until the court date. I will be having police come here to measure how many decibals the tv was at with some instrument they use. If it's 61 decibals or below, then the violation will get tossed out. I'll make sure of that. 8:30pm is also still relatively early in the evening.

Am I being paranoid about getting arrested?

 

[BodyWizard]

yes

 

[Bionic]

If you didn't have friends over, definitely don't tell your PO that you did. That doesn't really make sense to me. Further, Isn't the law from 10 am to 10 pm WRT to noise? Just be honest and forthright and you'll be fine. I might even file a grievance with management so that they are aware of your side of the story and so that it's documented. Good luck with this!

 

[MMAMONSTER19]

your freaking out bro, tell the judge everything you said how she always complains, be like shes fukn crazy!!

 

[Chub]

If you think you're going to jail just go round and waste her :arg:

 

[Jayhawkk]

Don't lie about anything because if anything shows to be a lie then your story, no matter how 'right', will be worthless. I've never really seen noise citations issued unless one of two things happen.

1. They show up and the noise is too loud
2. This isn't their first time responding to your location and it isn't the first time they've heard the loud noise

I really wouldn't worry about the probation issue unless your initial arrest had something to do with disorderly conduct or something along those lines where you were disturbing other people with your actions.

 

[ABNRanger]

If you think you're going to jail just go round and waste her :arg:

Man, you are off the chain.:smirk:

:yo:

 

[CredibleHulk]

The police officer told me that such a thing shouldn't violate my probation because it doesn't involve violence, drugs or alcohol. They got a simple noise complaint and always respond to each complain they receive. I've heard the noise curfew in my town is in effect at 10pm, but the officer told me it was enforced 24-7, but they determined whether a citation would be issued by what their personal definition of 'unnecessary noise' is. The example he gave me was something along the lines of someone hammering their walls and vacuuming their floors at 2am. That'd be unnecessary noise and a complain could be made. I explained my situation to the officer and he was very kind, and professional. He could've been a complete a$$hole. He told me to tell my buddies to quiet things down as it gets later in the day from now on, let my probation officer know, and go to the court and pay the fine, then it's all said and done. He said had alcohol, drugs, or violence been involved, then I'd definitely have my probation revoked and I'd be put in jail. He assured me that a traffic ticket is even much worse than a simple noise ordinance. I didn't know 'ordinances' were less than an actual charge. Some areas consider them misdemeanors, but New York State doesn't. After chatting with the officer about the situation, then explaining my probation, ambitions, etc., I kindly thanked him and we shook hands. What I don't understand is this; on our local newspaper's website, the council voted that the noise curfew be strictly enforced between the hours of 11pm and 7am. The police were called around 8:15-8:30pm. They responded around 8:40pm. The officer never got done actually writing the citation until 9:19pm. Some people have told me the noise curfew is constantly in effect, others have told me that it's 10pm-6am. I'm not sure if I should trust the city police, outside sources, or the state police. I'm getting told three different stories. Also, I will be apologizing to the neighbor and will be making sure she has our phone number. I remember she used to have it and called us once long ago in regards to toning down the noise. We kindly chatted, I turned the noise down, and things were fine after that. So... I'm not exactly sure what else to do. I just got off work and stopped by the probation dept. to speak to my PO personally, but she was at court so I just called and left a message. Long story short, I explained I had a few football buddies (actual football players) over to watch the game (they wanted to watch it on the wide flat screen with surround sound), they got a little too rowdy, and the neighbors called the police. Therefore, they responded and since I'm the one who lives here, I had to accept the citation and I'm responsible for paying the fine. I mentioned in the message that even the officer assured me that it's a simple ordinance violation and a fine will take care of it.

Am I safe?

Not to mention, I recently got a new job and having steady employment is a very crucial part of being on probation.

Now, as for dealing with the neighbor; I'll be nice to her face, but would like to fill the management in on how she invades everyone's privacy, she spreads rumors, makes threats, etc. How could I go about approaching other tenants and management about this, and actually having something done?

 

[rabican]

sound ordinances are different by county/state, you can look it up online. Plus you shouldn't have to pay a fine or even be issued a citation unless it was your 2nd offense (filed).

 

[CredibleHulk]

It was the first time the police ever came here in regards to a noise complaint. We've never had issues with it before. This is the first complaint they've received, therefore it was the first time they've been here in regards to noise. It was also, IMO, still relatively early 8:15pm or so. The neighbor used to have our number, but could've lost it. But she also could've knocked on the door and asked us to tone it down and we would've. I'm assuming most police assume most people don't know about the ordinances and other laws, so they'll probably (to meet their monthly quotem) issue a citation or charge whenever they get a chance. Would I call the city police and discuss this with someone to find out if I'm able to get off with a warning since this is the first offense a complaint was filed, or what?

sound ordinances are different by county/state, you can look it up online. Plus you shouldn't have to pay a fine or even be issued a citation unless it was your 2nd offense (filed).

 

[Jayhawkk]

I'm assuming most police assume most people don't know about the ordinances and other laws, so they'll probably (to meet their monthly quotem) issue a citation or charge whenever they get a chance.

Not quite true but since this isn't the focus of your concern I won't waste your time with an explanation.

Is it a mandatory appearance or can you just pay the fine?
If the cop showed up and witnessed the noise first hand as being too loud, then it doesn't matter the time of day. Strictly enforced hours just means more noise type situations will get you a citation over daylight hours.

 

[CredibleHulk]

I have to show up to court on Feb. 19th @ 10:30am and either plead to it in exchange for a fine, or contest it and fight it. I'm just gonna plead and pay the fine so I can get the fcuk out of their as soon as possible.

I've spoke with a couple of close friends, including one or two whom have been on probation and got violated for actual misdemeanors, and most people seem to think I'm being a little too nervous and paranoid about being violated for a simple citation. Especially something that my friends carelessly did. They've reminded me that I have nothing to worry about if I've complied with all terms of probation up to this point, which I have.

Not quite true but since this isn't the focus of your concern I won't waste your time with an explanation.

Is it a mandatory appearance or can you just pay the fine?
If the cop showed up and witnessed the noise first hand as being too loud, then it doesn't matter the time of day. Strictly enforced hours just means more noise type situations will get you a citation over daylight hours.

 

[Jayhawkk]

I would agree with the advice given so far and being so close to your probation being up I highly doubt your PO will revoke probation that has been followed so far.

 

[CredibleHulk]

I've been on since early 2007. Since then, I've maintained employment, remained drug and alcohol free, haven't gotten arrested (not even pulled over for a traffic ticket), and I keep her constantly up to date about any changes in residence, employment, etc. This is definitely something I didn't get arrested for so I don't think my PO can revoke my probation. It was a simple encounter with the police, they gave me a warning, but a citation and fine to prove a point about them enforcing the noise ordinance. I cooperated with the officer to the fullest extent.

When you're sentenced to, say... 3 years. Once you've served at least 1 1/2 years, you're able to apply for early release from probation. If I've been on since September 17th, 2007, then I'm almost positive that March 17th, 2009, would be the 18 month mark, which would be half of my term of 3 years.

I would agree with the advice given so far and being so close to your probation being up I highly doubt your PO will revoke probation that has been followed so far.

 

[slow-mun]

Muscleguy?

 

[CredibleHulk]

?????

 

[slow-mun]

?????

Its the guy we picked to do a HemodrauliX log that never delievered and simply kept the supplements. He was on probation and had a sixteen year old ex girlfriend that he would always bitch about. Come check out his stats- MuscleGuyinNY

BTW, you were 5'7" just 10 minutes ago. Did you grow? You also used to be from Upstate New York too.....about 5 minutes ago.....

 

[CredibleHulk]

i actually heard about this board from a friend of mine who lives in my neighborhood. More of an acquaintance than a friend. fyi my girlfriend is 23, lol. Tons of people around my area are on probation (Clinton County, look it up.) it's mostly older men for DWI or younger people (ages 18-24) for domestic violence, drugs, getting busted at parties, things like that. It seems kinda crazy that I've been on this board for a little while now, post a thread in need of serious advice and some help, and then I get slammed with negative reps (whatever they do)...

 

[slow-mun]

i actually heard about this board from a friend of mine who lives in my neighborhood. More of an acquaintance than a friend. fyi my girlfriend is 23, lol. Tons of people around my area are on probation (Clinton County, look it up.) it's mostly older men for DWI or younger people (ages 18-24) for domestic violence, drugs, getting busted at parties, things like that. It seems kinda crazy that I've been on this board for a little while now, post a thread in need of serious advice and some help, and then I get slammed with negative reps (whatever they do)...

Just stop it, you changed your stats as soon as I posted "muscleguy." I'm going to go rep a hundred people just so I can go neg you some more. I'll be back in a little while.

 

[slow-mun]

Thanks for the greys, but I don't believe you, since you changed your stats after I posted "muscleguy?".
:wiggle:

Hi, you have received 0 reputation points from CredibleHulk.
Reputation was given for this post.

Comment:
no idea who you are or what this is about but i\'m not muscleguy. but ia ctually think i know the actual person you\'re talking about..

Regards,
CredibleHulk

 

[CredibleHulk]

I'm not 'muscleguy,' but think what you wish, my friend. Sorry you've gotten ripped off in the past. I'll be sure to let my fellow NY'ers aware of them not being able to be a member to this forum all due to a past customer, member, or whatever stealing your product. I posted a relatively serious thread and am seeking advice from those who are actually concerned. Not to deal with drama, get accused and harassed, etc.

Thanks for the greys, but I don't believe you, since you changed your stats after I posted "muscleguy?".
:wiggle:

 

[slow-mun]

I'm not 'muscleguy,' but think what you wish, my friend. Sorry you've gotten ripped off in the past. I'll be sure to let my fellow NY'ers aware of them not being able to be a member to this forum all due to a past customer, member, or whatever stealing your product. I posted a relatively serious thread and am seeking advice from those who are actually concerned. Not to deal with drama, get accused and harassed, etc.

:haha:You'll be back again, you've already done this multiple times. We always find you.

 

[Chub]

strange how his stats changed after the muscleguy post! :irked:

 

[Chub]

not muscleguyny or whatever, but think what you wish, my friend... already reported slow-mun for his harassment and will do the same to whoever jump on the bandwagon... it seems impossible to him(slow-mun) that two people could possibly have the same height, weight, live in the same demographic area, etc... he's getting his ego trip and requesting others to jump on the bandwagon...

i'm sure the admins could check ips if they wished!

i always like a good witch hunt!

 

[Jayhawkk]

I'll look into this when I get home.

 

[raginfcktard]

oh man you're fuked!

 

[b unit]

this thread took an unexpected turn

 

[Dwight Schrute]

busted

 

[Jayhawkk]

lmao