Harassment, Stalking, Misconduct Disorderly Conduct charge

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Bamavet

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I am a disabled veteran...therefore I do not sleep well at night. I stay up and watch television. I have a normal tv with no theater surround or anything. My neighbor whose bedroom window is only about 20 feet from my living room window complains of the noise. The main reason he is doing this is because he tried to by the property I live on from my landlord and my landlord refused to sell it to him because he knew I needed a place to live.
I have been served summons to civil court for the charge of disorderly conduct which is section 12a-11-7 of the code of alabama but the charge reads as follows that I intentionally engaged in disorderly conduct with the intent to cause public inconvenience, annoyance or alarm
I have also had a warrant sworn out for my arrest and was able to bail myself out.

My question is this...how can you be charged with a public charge in the privacy of your own home. Also, I have to have the INTENT to do harm...which I do not.

This neighbor is being harrassive in nature due to the fact he is only doing this because he doesnt want me to live here.
 
Intent is an element of each and every crime.
Some crimes have specific intent, others have implied intent.
Generally, this is referred to as the actor's 'mens rea'.
Some crimes are wrong by their very nature, murder and rape fit that category.
This is called 'malem in se'.
Other crimes are bad because society says they are prohibited, speeding and disorderly fit this classification.
This is said to be, 'malem prohibitem'
If you were disturbing the peace with a loud tv, the intent is built into the act.

Your charge seems to be civil in nature, rather than criminal.
You are innocent until proven guilty.
The state must now prove their case.
If I were you, I'd move my tv, use earphones, insulate my bedroom better, or move away.
But, I'd also defend myself against the instant charges.
Maybe, a local disabled vets group could give you some insight on this, or the legal aid society in your area.
Otherwise, you might want to consult your own lawyer.
 
thanks...as for headphones...thats not a option due to the fact my spouse watches tv with me. Insulation is one of the problems...but whereas I only rent the house, there is nothing I can do about that either.

This is a old house...I dont doubt the fact they can hear something, due to the fact they are so close. My thing is, Im not breaking the law by watching tv...no matter what time of day it is...especially when Im not watching it at a loud volume.

I will try to see if I can get legal help...being disabled its not like I can afford a lot :)
 
Bamavet said:
thanks...as for headphones...thats not a option due to the fact my spouse watches tv with me. Insulation is one of the problems...but whereas I only rent the house, there is nothing I can do about that either.

This is a old house...I dont doubt the fact they can hear something, due to the fact they are so close. My thing is, Im not breaking the law by watching tv...no matter what time of day it is...especially when Im not watching it at a loud volume.

I will try to see if I can get legal help...being disabled its not like I can afford a lot :)
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If they can hear it, its too loud; close or not.
You can both wear headsets, you can get a "Y" splitter that permits two people to use one jack.
But, if you lose and persist, big trouble is brewing for you, my friend.
I'm a disabled vet myself, and I don't use that as an excuse to break the law.
We may not agree with the law, but we should darn well obey them.
Especially those of us that fought to ensure others can enjoy our nation's freedoms.
 
I do obey the law...last i checked theres no law against watching tv in your own home. There isnt even a noise ordinance here...and if there was the law states you have to be 50 feet and be able to hear it...which you can not. You can BARELY hear anything standing at my porch.

If I was blaring it...I would understand...but this isnt a surround system, I have the volume on 24 out of 50....halfway up.

The fact im disabled is why I stay up...I wasnt using it as a excuse to break the law...its the reason im not asleep.

I have as much right to watch tv at midnight as they do to rev their engine or to hammer at 12 in the afternoon.
 
I don't think you have much to worry about. Make sure you appear in court to defend yourself. The other party has the burden of proving that you are committing a crime... which you are not. You COULD be if the volume was so loud as to cause a public nuisance, but that does not appear to be the case.
I would suggest that your neighbor wear ear plugs rather than you wear headphones. You are doing nothing wrong.
 
Bamavet said:
I do obey the law...last i checked theres no law against watching tv in your own home. There isnt even a noise ordinance here...and if there was the law states you have to be 50 feet and be able to hear it...which you can not. You can BARELY hear anything standing at my porch.

If I was blaring it...I would understand...but this isnt a surround system, I have the volume on 24 out of 50....halfway up.

The fact im disabled is why I stay up...I wasnt using it as a excuse to break the law...its the reason im not asleep.

I have as much right to watch tv at midnight as they do to rev their engine or to hammer at 12 in the afternoon.
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:yes::yes::yes:
 
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