Legal Help.Should I go about doing this?

So I am thinking about taking the court to court...
In other words I want to go to court regarding a violation of my 8th amendment rights..
"No excessive fines imposed"
Idk if any of you live in California...but the fines are RIDICULOUS
for every $100 fine a $480 "penalty assessment" is issued...a $200 fine a $880 penalty assessment issued..
Now certainly having to pay $580 for running a red light by a 10th of a second is EXCESSIVE
I am thinking about really going to court to get this Penalty Assessment removed.
Is this Penalty Assessment a loophole term to discredit the 8th amendment...because it says nothing about assessments in the constitution..however they are still considering it a fine...
HELP????

reply to post by ArtOfTrance


[color=9CFFB3]Step 1: Never ask for legal advice from nameless faceless online strangers.

I'm more trying to get a collective opinion.
Also there are probably some individuals who work in the Legal field,as well as have attempted this in the past
Come on guy use your brain please

Originally posted by BrokenCircles
reply to post by ArtOfTrance

 

[color=9CFFB3]Step 1: Never ask for legal advice from nameless faceless online strangers.

I just thought that I would reiterate what Broken Circles said!

Don't EVER ask for legal advice form the nameless faceless idiots on the internet!

edit on 7/28/12 by BrokenCircles because: (no reason given)

Again,Im trying to get a collective opinion.
Im not going to go about this just because some random dood says "Go for it,Im a lawyer"
That would advocate stupidity.
Now again I will say.Use your brain please.

reply to post by ArtOfTrance


Do you have the money to do this? It sounds expensive. You might want to see if you can't find a group of people in your area with the time, and you can pursue it collectively.

reply to post by DamTyD


Thank you..yeah the only problem with doing that is most of these people in OC Cali courts are minorities who don't speak the best english..actually close to none if you need the translator to speak for you.So that may pose a problem,but I have thought about that.
And no I dont have the money,thats one of the reasons I am pissed off.No one has the money to pay these absurd "assessments"
Thanks though.Your response is appreciated.

If you have the monetary ability to file a civil suit by all means go for it. Also be aware that the decision may not be ruled in your favor, and you'll have to take the loss. Having the ability to file a suite to defend your rights is the way system is supposed to correct itself. It's the only moderate checks and balances system we have anymore. People hardly ever beat the establishments railroading, but every once in a while it works the way it's supposed to.

reply to post by ArtOfTrance


Considering it is nothing more than a cleverly crafted revenue creating scam, I highly doubt you will stand a chance in court unless you yourself are an attorney!

I live in PA and they have the same kind of add ons that must be payed on top of a fine, so I would just say buck it up and save your money and sanity........

Thats kind of the one thing I am in fear of..is I cannot afford losing if I lost...
And before even entering into this thing,I have the impression that the corruption is so out of hand that anything I try to do against the system is fruitless...because it kind of is unfortunately :/
*sigh*
this whole thing is really frustrating...not just my courtcase either,every person who has to go in front of that "commissioner" is getting robbed..and it sickens me with rage.
maybe I just forgot to take my chill pill in the morning...think Im gonna go take my chill pill....brb lol

Step 1. SAME AS ABOVE

Step 2. NEVER SEEK COLLECTIVE OPINIONS.

Step 3. Never...never...do either of the above regarding medical or legal advice. Never. Seek at least free counsel.
Its there for you. Use it.

Some people are beating red light camera tickets here in So Cal.

Ask for the photo.

If you google it...There are lots of strategies.

Good Luck....They are completely out of control.

reply to post by ArtOfTrance
I'll expand a little more. Although winning is difficult it's not impossible. First thing I would do is start a petition. If you took a little time how many people could you get to sign it? 1,000? 5,000? 10,000? What you want to establish is a consensus that the imposed fees are considered excessive. 20,000 voices ring a lot louder than one. If you get lucky you may get a couple of people to donate money to help with the legal fees.The most you will lose in civil suite is your time and money. It takes effort to defeat the system, victory doesn't just fall in your lap. Even though you may not win, you may create a ripple effect that induces change down the road. Whether or not you can win or not shouldn't matter one bit. The only thing that should matter is that you feel your rights have been infringed upon.

reply to post by ArtOfTrance

Hi,
I'm afraid these "assessments" are collected as the means to supplement the salary of the presiding judge?

No judge is going to take food off his/her own table...

Illinois

Assessments on top of fines, wow, I never heard of that scheme yet!!! Guess it's getting close, huh?

Originally posted by BrokenCircles
reply to post by ArtOfTrance

 

[color=9CFFB3]Step 1: Never ask for legal advice from nameless faceless online strangers.

Getting legal advice online is the LEAST of your problems.

The judges and high level law enforcement officials are totally Illuminati indoctrinated. The entire system is designed to protect the WORST criminals which are the sociopaths with power in government, big business, science, education.

Our court system has been infiltrated by members of this secret society sworn to protect each other from prosecution of any criminal activity and to render favorable judgments to its member. Other members of society are victimized in the courts.

A short time ago I received an email with a court excerpt, clearly showing how Freemasonry has infiltrated the court system by putting judges, prosecutors and attorneys in key positions. As long as this continues there is no justice but theirs, as those people stand above the law, because they ARE the law.

If people don't know about Freemasonry and its influence on the legal system, they have no clue that they are setup and have little chance of an honest trial.

In this particular case, John, the defendant observes how the Attorney General, Mr. Anthony Krastek is giving a hand signal (the palm up) each and every time his attorney makes a statement, until he cannot take it any longer. He asks Mr. Krastek if he is a Freemason (Exhibit 1, page 7), whereas the Attorney General turns red and gives the full "raised arm palms up" (high distress sign) to the judge, Lawrence J. O'Toole. The judge suddenly loses it on the record, and gives reference to Freemasonic symbols, the ones on the one-dollar-bill (Exhibit 1, page 7).

Freemasons Control the Court (And Thus the Legal System)

The Court System And Freemasonry

The legal system is a joke

What chance does a non - Mason have going into a court of law against Masons when there is a Masonic judge and Masonic attorneys. All a Mason has to do is let a Masonic Judge, or even a Masonic Juror know that he is a Masonic brother and that is that.

Sometimes you look the way a case, is going and it just doesn't make sense. We had one in Seattle not too long ago, in fact the Union my sister worked for was involved in it and nothing went right, even simple points that were obvious to everyone but the Judge. They couldn't figure out what was wrong and I asked her, "Are the defendants and the judge Masons?" She checked it out and found out that they were.

I said, "You don't have a chance. There is no way you can win because, they passed the word to the judge in the lodge or they gave that Judge a signal, they gave him the sign of the square, or the sign of distress, gave him one of a dozen different signs they could give him and that judge was bound by his Masonic code to find for his brother. He is going to do that for the Mason whether he's right or wrong."

There is no way you can win

reply to post by ArtOfTrance


Find a lawyer that's not just looking for money and willing to take the case for political reasons.
This will be harder to find in this case.. But you might be able to find some groups that will be able to help.

OP, I'll tell you this. I first saw that Penalty Assessment crap when I was 15 and in Santa Ana traffic court for a bicycle ticket, riding the wrong way. That was...a loooong time ago. I recall the Bailiff saying something like 180% of fine cost at that time. The point here is, you'll be fighting something that's been there since before a good many of us were born. I do wish you luck, but ...it's not likely to get anything.


On the other hand, over my career in the truck I got 3 tickets I'll admit to in California. I didn't pay that fee on any of them....but the attorney fee made up for it. So, if your objection is to paying the state, which mine was, hire an attorney and fight the ticket. You may just beat it. There are A LOT of ways a "sure thing" ticket is nowhere near as sure a thing if you actually take the time to fight it. Just don't figure on beating that Assessment scam.

Go to your city library or even the courhouse library.
They will help you find the legal resources to read yourself.
Start with state law rather than federal.
The librarian will get you started. They are proficient in research.
Start with excessive fines and broaden out from there if you need to.
There will be written opinions by judges in either the appellate or state supreme court.
You can get a good idea to see what the law says regarding this.
You will have to do this manually since you don't have the electronic librarys like Westlaw or Lexis.
I would wish you luck.

Originally posted by ArtOfTrance
So I am thinking about taking the court to court...
In other words I want to go to court regarding a violation of my 8th amendment rights..
"No excessive fines imposed"
Idk if any of you live in California...but the fines are RIDICULOUS
for every $100 fine a $480 "penalty assessment" is issued...a $200 fine a $880 penalty assessment issued..
Now certainly having to pay $580 for running a red light by a 10th of a second is EXCESSIVE
I am thinking about really going to court to get this Penalty Assessment removed.
Is this Penalty Assessment a loophole term to discredit the 8th amendment...because it says nothing about assessments in the constitution..however they are still considering it a fine...
HELP????

edit on 12/29/11 by ArtOfTrance because: Enter Key posted Thread -______- really gotta fix that

You're right, but here's the thing... The government of California knows that they are excessive, but they also know that 99.9% of everyone will pay up because a case like this would more than likely end up in the state Supreme Court, and is the massive expense really worth it? It would cost you much more to fight it than to just shut up and pay it. The problem is that the 8th amendment doesn't define what exactly is excessive, much like the 4th amendment doesn't really define what "unreasonable" is in regards to search and seizure. If you have money to burn, and the principal of the matter out weighs the financial cost, then i say go for it.