Issued an Order to Appear on Distrurbing the Peace Charge After a Citizen's Arrest

[mward2012]

My question involves criminal law for the state of: California.

Im confused, I was given an order to appear by officer when I was not involved. The issues was with my minor children and next door neighbor while my adult children where home. The minors were playing ball, then the ball went over our brick fence. One of the children try to get the attendtion of the neighbor by tossing pebbles to get the ball; however, these people I have always had problem with in the past. We both own our homes. My adult children try to talk to the neighbors but that did not work out.

So I had written a notice to the neighbors, to not to harass, annoy,etc the children to speak to me personally and provided my number.

So the next day, while I was at work again. The children where play soccer in the back yard. The neighbor had called the police by this time. When the police came, one child kick the ball at that time and went into the front yard of the neighbor and the officer gave the ball back to my child. Now I do have video cameras on my home. So I was able to see and the time of what was going on. I did not see the pebbles be thrown but my son admitted to throwing to get the neighbor attendtion. (he also stated this to the police without me being present) He is only 8.

When I made contact the officer provided me the notice which I did not signed due to the confusion. He did say she was pressing the citizen arrest and want the officer to issue the notice to go to court.

I have never been in trouble with the law and have a clean record, and need it to stay clean due to my work of being a notary and tax preparer.
my question can this stand up in court? I research the law and cant find anything to the issue at hand. Can I get in trouble for this? What Im i looking at? is there any defenses?

So confused?

[cdwjava]

Apparently your neighbor signed a citizen's arrest for disturbing the peace. The officer is legally obligated to accept the arrest provided there is some articulable probable cause. So, instead of taking you to jail he issued the notice to appear.

How you disturbed the peace is a question I cannot answer. Can you tell us if there was a subsection cited as well as PC 415? It would have been either a (1), a (2), or a (3).

At this point, you mark on your calendar the appearance date, time, and location, and make sure to appear for arraignment.

There is always a chance the DA will choose not to file, but you might not be notified ahead of time. So, unless you receive a WRITTEN notice of cancellation or no charges, be sure to attend court.

[mward2012]

Thank you,

the notice to appear is not signed by the neighbor which thats what I thought. Second it only states pc 415 distrubting the peace and circle the M. So there is no 1,2, or 3.

[cdwjava]

Thank you,

the notice to appear is not signed by the neighbor which thats what I thought. Second it only states pc 415 distrubting the peace and circle the M. So there is no 1,2, or 3.

It does not have to be signed by the neighbor. He might have been asked to sign a separate document provided to the police, or simply made the request verbally and it will be written into the officer's report.

At arraignment they will probably provide the subsection. The reason I was asking is that the subsections involve fighting, noise, or a challenge to fight in public and I was curious as to what the allegation is.

415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.

[mward2012]

Thank you,

Thats what I was thinking as well what sub-section because 1-3 was never involved. It was just my minor children with the neighbor. the neighbor telling them about the ball and rocking throwing which supposely hit her back patio window, for what I was told. I was never there. My minor son (8) told me he did throw pebbles not rocks to get her attendtion since he is not able to leave the property to get him the ball that fallen back there while playing. but it did not go well and my adult daughter asked the neighbor to show her the rocks she claimed hit the window or property, but she was not able to prove any rocks nor did my daughter seen any.

I did review my video, seen the children playing. that area was not in the video. however, I did not see any pebble throwing either. but he did admit it to the officer the next day when I was not present or any adult. Can that hold up in court, my son conversion with the officer? Shouldnt an adult be present?

I feel that if my sons only intendtion was to get their attention of how he knew how for an 8 year old, it was not done maliciously and willfully to disturb them, it was for help.

but like I said, i have had problems with this neigbor for years. I feel she does not like children, she is always home and does not work. The kids are out of school for 2 weeks, so now i have them on lock down where they are not able to go out and enjoy there home cause, I dont want any problems, more so when I am not there and got the notice, thats sad. Well I sure would appreciate any help from all for any other defense on my behalf.

thank you

[cdwjava]

The state has to show that you knowingly and intentionally disturbed the peace of another. If you were not present, I do not know how you could be prosecuted or even cited for this, but apparently the officer felt that you were somehow responsible or he would not have been obligated to accept the private person's arrest. The only slim possibility seems to be that you are accused of permitting or encouraging the children to bother the neighbor.

I'd say the chances of a DA filing on this are slim unless there is something more that we don't know about.

You don't really have to work up a defense unless you have to go to trial. Wait for the arraignment and then you will know if the matter is being pursued. If it is, and you cannot afford one, an attorney should be provided for you.

[mward2012]

oh the officer did say, that I was the mother of the minor children thats why he gave it to me, even when I wasnt present, but my two oldest children were present.

for the past, there was something, that the office found no distrubences back 2010, with the children, they had no proof, just allegation, I do have that report with me. I found that they stated thing like, they make noises on the fence which makes their dogs act not normal. Let me say, I have four german shepheard on my property, when the children play with them or just out side all dog get excited.

but the report does stated, I have request from the officer to speak and tell them to stop making false claimes against me and the children, and that he advised both parties not to contact each other.

that why I gave that notice not to make contact with the children only me. due to the past but i guess that back fired and they made this situation now.

[cdwjava]

I do not understand how the officer could cite you when your children were causing the disturbance. That makes the burden of proof for the state almost insurmountable to show that you knowingly and intentionally caused the disturbance ... or, in this case, that you encouraged or failed to prevent your children from disturbing the neighbors. But, as the statute requires an overt act and not simply an omission, I doubt the DA would consider filing. I suspect this will never go to court.

Oh, and tell the kids NOT to toss rocks, sticks, or anything else to get someone's attention. Frankly that statement would not ring true if I heard it. Unless someone is courting a girl whose room is on the second floor, and they live in an area where there exists no cell phone service, there should be no reason to toss anything to get someone's attention. That activity will only result in either vandalism or assault and battery offenses.

[mward2012]

thank you

well i do go to court in december, lets see what happens. Its sad cause now everyone even myself is even worried at the up most noise or if the children go out side, which is not fair at all.