Bail Amount

GotBoost? · #1 06-07-2006, 11:21 AM

After doing much research back and forth from this site and help from Greg, i feel that im comfortable enough to move on with the Default Process but im still left hanging over one particular thing, the bail amount. At the arraignment date after entering a plea of not guilty, we are required to pay the bail amount, but is there anyway to get it waived ? This breaks the "innocent untill proven guilty" code and i havent really noticed it untill reading about the various ways to fight in court.

And also, do you think its wise to submit a not guilty plea before the arraignment date ? To avoid the chance of the case getting started right away after entering a not guilty plea in person at the arraignment. And if this is a better idea, is there a way to not pay the bail amount ? Thanks guys.

Akira · #2 06-07-2006, 04:14 PM

GB,

Why would you need to pay bail? You're obviously not in jail... What state are you in?

For HIS Glory,
Akira

GotBoost? · #3 06-07-2006, 05:49 PM

Im in California, County of Los Angeles and here when we are issued a ticket, we get a notice of bail amount in the mail. It basically says pay this or go to jail and we are required to pay it even if we plea not guilty...which i know is just wrong and im trying to get an answer as to how we can avoid paying it.

masterduke · #4 06-07-2006, 10:13 PM

Marvin Bryer has probably disqualified the judge that is presiding over your case. It is too bad that he is a space cadet because he knows how to go after them judges and prosecuters! Maybe you can find a way to contact him? He used to live in the La Canada area I believe. Hope you can prevail!

GotBoost? · #5 06-08-2006, 01:00 PM

Yea ive heard of that man, hes awsome ! I wish there was a way to contact him but i would think that hes way to busy to attempt to answer everyones questions...anyways, anyone have any information they can give me regarding the topic ?

Ive PMd Jason Whitney and Codee whos a member on here, so well see what they have to say...thanks.

powder · #6 06-08-2006, 02:53 PM

They want valuable consideration for YOUR contract offer.

R4C the presentment.

Judge Roy Bean · #7 06-08-2006, 03:47 PM

Quote:

Originally Posted by GotBoost?

Im in California, County of Los Angeles and here when we are issued a ticket, we get a notice of bail amount in the mail. It basically says pay this or go to jail and we are required to pay it even if we plea not guilty...which i know is just wrong and im trying to get an answer as to how we can avoid paying it.

Think about this for second - if they didn't get you to pay the bail, the chances of someone showing up for their court date is about zero. Bail is simply something to let you stay out of jail until your case comes to trial. There's nothing wrong with that in the legal sense, and you can file a motion with the court to grant a hearing on a motion to waive the bail for some good reason, but if you have any prior cases or haven't got anything tying you to the area (like a job or family) or you can't prove financial hardship, you may be stuck with it.

If it's a real financial issue, and the amount would severely impact your family, you'll at least have a chance to convince the judge. Some traffic defense attorneys will automatically ask the court for a waiver based on your being a solid citizen and them trusting you to show, but they'd rarely do that if they don't know their client or where and how to find him or her.

Livefire · #8 06-08-2006, 08:30 PM

At the arraignment hearing try challenging the courts in personam jurisdiction over you. According to the California code, the judge's retirement fund received monies from traffic ticket fines. What we have here is a financial conflict of interest! The relavent section of the code is found at Section 68085.1 of the California Government Code. Then notice the court of Tumey v Ohio. This case states that you have a right to a impartial judge without a financial interest in the outcome of the case. Upon timely objection, you have a right to stop the trial according to Chief Justice Taft's opinion. Should the judge railroad you and try to move forward you could object then after he/she overrules, take exception and notice the judge of your intent to pusue an interlocutory appeal. Seeing that ALL CA judges are participants in the retirement fund, you could approach the Federal District court because not only is the local judge railroading you, he/she has violated you due process and substantive rights. These are questions that fall under federal jurisdiction. Time to make these FRN sucking monsters pay!