Can i sue the courts for court errors?
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Can i sue the courts for court errors?
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2 and a half years ago i got a ticket for dropping a cigarette butt on the ground in the middle of Qualcomm stadium parking lot during a supercross event. I picked it up after wards. I went to court and got sentenced to a $450 fine and 1 day of trash pickup community service. I paid the fine, however the court failed to put a 'complete by date' on when i had to complete my trash pickup duty. I put the trash pickup off for too long, and eventually got issued a warrant. Went to jail for a day, bailed out, and went to my new court misdemeanor arraignment hearing, at the correct date time and place. When i got there they said that no charges have been filed and to call the city attorney. I also received a receipt proving that i was there. I called the attorney and he said that either the charges have been dropped or the system is just backed up and i will get a new court hearing letter in the mail soon. A month later, i get a warrant issued for my arrest, apparently because i 'didn't show up to court'.
So now this is what i'm looking at, for dropping 1 cigarette butt in the middle of a parking lot where there was probably close to 30,000 other butts in the vicinity.
- Embarrassed in front of family and neighbors, arrested and jailed - TWICE
- Being forced to bail out - TWICE
on top of the initial $450 in fines, plus gas and time driving back and forth from the 3 different courts i've been sent to.
and this is all still in process, who knows what they will charge me with when i go back to court... another $450?
Cruel and unusual punishment? Double Jeopardy?
''With regard to the amount of punishment that may be inflicted, the prohibition against cruel and unusual punishment also bars punishment that is clearly out of proportion to the offense committed.''
i don't know, what should i do?
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Jake F
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you can sue any one for any thing.
you just may not win. |
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mercedes
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Sorry, you are out of luck. |
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Fozzy
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1. Stop being a pig (dropping cigarette butts)
2. Follow the sentence or go to jail.. you CHOSE to go to jail. |
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dankman
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Call an attorney, they amount you spend on your legal council will be well worth it if things are as backward as you say they are. |
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LovesTheConstitution
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Your remedies do not include suing the court.
If you had acted timely, you could have appealed the court's decision, but that time has long passed.
You are missing something important about the information in your case. Consult an attorney. Or should I say CONSULT AN ATTORNEY.
When you are in a system you do not understand and cannot control, use professional advice and, if necessary, representation to assert your rights.
Pro se defendants often get the worst because they know so little about how courts work. |
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