QUESTION
I plead not guilty to loud party complaint. Should I get a lawyer for trial?
Asked on Mar 27th, 2013 on Civil Litigation - New Jersey
More details to this question:
I attended a house party last year that had a DJ and so was relatively loud. As I was leaving the party, the cops showed up. They asked for my ID (I was compliant and respectful at all times) and they gave me a "loud party" ticket. The house party wasn't mine and I didn't live in that house. (My ID even shows that I live in another town.) I wasn't being loud either. I plead not guilty today and so it will go to trial. I will be notified of date in the mail. Max fine is $1600. I have a clean record and never went to court for anything before. Also when I talked to the prosecutor, he said that being present at the party is enough for me to be found guilty so if I just plead guilty I would get maybe a $300 fine. When I went in front of the judge I plead guilty. However he asked questions like "Were you throwing the party?" and "Were you being loud?" My answer to both were "No" and so the judge said that I cannot plead guilty based on these answers and now the case is going for trial.
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If you tried to plead guilty - its because you were admitting to be loud. Then when asked if you were loud you contradicted yourself and said no. You needed to say I must have been because people complained or something similar. You can't say I plead guilty and then when you are aksed if you did it say no. You need to try to re-enter your guilty plea just to being loud, or go to trial and see what happens. It does not seem like you would need a lawyer to represent you if it is munipcal court.
Answered on Mar 27th, 2013 at 5:30 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship
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It is always a good idea to be represented by counsel in any criminal matter. If you are certain that your maximum exposure is $1,600, then it will be difficult for you find legal representation that comes at a reasonable cost relative to that amount. When in doubt, get a lawyer.
Answered on Mar 27th, 2013 at 3:24 PM