stressed out! can anyone help

[bandmember]

What is the name of your state? colorado

I know this seems like no big deal in comparison but I need some advise.

My neighbor complained that my band practice was too loud.
The police gave me a summons for disorderly conduct.

On the ticket it says, "did unlawfully intentionally, knowingly or recklessly make unreasonable noise near a private residence that he had no right to occupy."

When my band started practicing in my basement I got egg crate foam pillows and comforters to cover the walls and fill the windows to help reduce the noise. I also talked to the neighbor around me and asked them if it was a problem. I asked them if there was time that were reasonable to play or if they were okay with the times that we were practicing. All but one neighbor said that it's no problem. We tried to work with this one neighbor by asking him if there were any time that he would be gone so we could practice then. He said "NEVER was acceptable" and slammed hi door. On Sundays we would always be done by 7PM and that is the day I am charged with disorderly conduct. We choose 7PM because I looked up the county noise ordnance and after 7PM it can't be louder than 50 db 25 feet from where the sound is coming from. I don't think that we are but just to be safe we quit by 7.


I can't talk to the DA until they get my paper work which I am told will be about 14 days. The day I am scheduled to go to court is right in the middle of my honeymoon. Is there any way to get the court date moved?
Also do you think I could expect a plea bargain? If so what might I expect? A fine, probation... this is all new to me. I haven't even had a traffic violation since I was 17 and I am 27 now.

Thanks for any advise you can give me.

 

[CdwJava]

This appears to be a "class one petty offense" per CRS 18-9-106. It also says nothing about noise levels, so I doubt the decibel leves will be any automatic defense. The statute states:

(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy

You did knowingly make noise near a private residence that you had no right to occupy. The elements have minimally been met. The only issue that may be before the court will be the question of whether the noise was "unreasonable"

The decibel argument, the time, and the somplacency of the other neighbors may well play in to your favor in that regard. But you will have to go to court prepared unless the DA decides this is a pointless prosecution and should be dropped.

- Carl

 

[bandmember]

Thanks for the response!

Any Ideas on getting the court date move and what I will be facing in terms of a fine or other punishment?

 

[seniorjudge]

Thanks for the response!

Any Ideas on getting the court date move and what I will be facing in terms of a fine or other punishment?

Call the court clerk.