what they are saying is he never went to the court hearing. but he never got any paperwork stating a court/hearing date.
younger brother got pulled over and a ticket for street racing...
- Thread starter vettez062002
- Start date
what they are saying is he never went to the court hearing. but he never got any paperwork stating a court/hearing date.
I understand what they are saying but if your brother claims he went to court and plead not guilty before a judge there will be a record. The recordings are done by courtroom and time. Just request the audio from the provider (usually a third party) and pay the fee and get the audio of that day's hearings.
but he never went before a Judge?? all he did was pleed not guilty to the ticket when he paid the fine to the person behind the window. no Judge...
or am I missing something your saying?
If he plead not guilty why did he pay a fine? You either pay the fine and admit guilt or you plead not guilty and request a hearing/trial?
Tell me said he paid with cash and didnt get a receipt?
no idea but im sure he did a personal check or debit card. I do the same thing. I think that makes it look more appealing to the Judge. they already have what they want.. the $$. and Ive always told the Judge upfront I paid the fine and Ive always gotten a deal.
If he paid with check or debit card there is a record. Get it and refute their claim. That is likely all the proof you will need to show the clerk's office that it was their mistake.
But more importantly, why did he pay the fine if he was pleading not guilty?
ive always gone that. esp with something like the ticket he got. he Obviously did something wrong. I always pay my fine and work out a deal with the Judge.
wait wait wait....
if you pay your fine, your admitting guilt, and it goes on your record as a conviction.
why would you pay your fine, THEN see the judge? after you pay, the case is closed.
you want to see the judge, FIRST......
if you pay your fine, your admitting guilt, and it goes on your record as a conviction.
why would you pay your fine, THEN see the judge? after you pay, the case is closed.
you want to see the judge, FIRST......
In IL I have pled not guilty, got a court date and paid my fine at the court clerk's office in the past. I did this because I needed my license back because I was flying out of state the next day. (IL takes your DL in lieu of bail at the time the ticket is written)
In PA if you get a fine and enter a plea of not guilty you choose not guilty on the fine and must submit the paperwork with that plea and the cost of the fine at the same time. If you are found not guilty the money is refunded. At least that is how it was explained to me when I got my ticket like 4 years ago here. When you enter your plea its simply by selecting it on the fine, not going in front of the judge (at least not when you submit it)
yup thats why I have always paid the fine upfront.
Are you paying the fine, or are you posting bail until court? If you are forced to pay the fine up front, I don't know how that wouldn't violate your 5th amendment.
:nonono: what are you talking about, violating the 5th amendment.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
If you are being forced to pay the fine up front before you ever see a judge, then you are being deprived of your property without due process. That is why I asked if you are paying a fine up front, or if what you are paying is bail.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
If you are being forced to pay the fine up front before you ever see a judge, then you are being deprived of your property without due process. That is why I asked if you are paying a fine up front, or if what you are paying is bail.
In California you're posting bail, not paying the fine. I'm assuming it's the same elsewhere.
I assumed the same thing, but all the PA people keep saying they pay the fine up front.
you must consider the source of the info when evaluating the credibility of the information.
- Joined
- Nov 21, 2002
- Messages
- 14,590
That looks like a Georgia license plate to me.
I would think the same thing. Because a fine can only be assessed after guilt has been established. Therefore it is likely a type of bond.
Users who are viewing this thread
