Legal Question in Criminal Law in Pennsylvania

Disorderly Conduct

I own a commercial recording studio. It has been a functioning lawful business for approx. 8 years no. It is in a commercial/residential zoning. A new neighbor moved in and called the police and filed a complaint over noise. The police cited me for disorderly conduct. I leased the studio to a band and was not making any of the noise. The police charged me with a misdemeanor citation. They did not witness me playing an instrument or making any noise. When they arrived the music was shut off and I closed the store for the night. I lost my first appeal due to the officer and witness fabricating their story saying the music started back up and went on for over an hour. The officer testified the music was shut down and he left, coming back an hour later to music still being played. The judge found me guilty for reckless and intent to cause harm/disturb and annoy. I was employing approx 8 people and had 20 peole volunteering as a crowd for the video. All of these people can testify the closing at the time the police showed up. If I appeal the ruling what angle should I take. The false testimony, or the fact that I was not the person making the noise and was not witnessed by the officer for even being present during the incident?


Asked on 8/14/08, 10:59 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Disorderly Conduct

It's difficult to answer this because the case turns on issues of credibility. Whether or not the story about the music being turned back on was fabricated, the Judge believed the officer and the witness. Upon appeal I would probably bring in as many of the 8 employees and 20 volunteers as I could round up to testify that the music wasn't turned back on. It sounds to me as if you are going to have problems with your new neighbor and the local police though. If you win the appeal (and you probably will if the witnesses come through) you may want to consider some type of mediation or negotiation with the new neighbor to prevent further problems.

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Answered on 8/15/08, 10:02 am


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