Advice Needed - Civil Rights Case, Los Angeles

[Christopher L.]

[Post removed by User]

 

[FlyingRon]

Your post is long and repetitious. You need to list just the pertinent facts without the hysterical repetition about how you have been done wrong.

The judge is under no obligation to listen to your evidence. You've already been tried and convicted. You fail to meet the terms of your sentence, she's free to lock you up. Time served credit is at her discretion.

You're so disabled you can't sit through a dui class?

We're not lawyers. Where is yours during all this?

 

[Just Blue]

All that and you didn't once mention what your disability is...

 

[CourtClerk]

On Wednesday, November 21st, I was placed in a jail cell in the Los Angeles County Downtown Courthouse for requesting an extension on paying a DUI fine even though I offered to pay the fine if necessary rather than go to jail.

I have been certified disabled since January 4, 2007 and have been unable to work since that date. I am likewise legally unable to complete alternative options due to a medical condition certified by no less than three doctors.

I went to the Los Angeles Downtown Courthouse on Grand to request a further extension on my fine due to mounting medical bills and pending eviction notices, but before she even examined my case, the judge had me handcuffed and placed in a jail cell without reviewing the evidence I had provided which supported my request.

This judge likewise repeatedly accused me of being able to work (despite my having previously shown her medical documentation proving to the contrary) and has claimed repeatedly that I have done nothing to pay my fine or complete my Caltrans, despite the fact that I have indeed completed three days of Caltrans (prior to my injury) and that I had previously complied with her order to pay $100 per month on at least two previous court visits and have already contributed a total of more than $400 to pay off my fine.

If the extension were denied, I was ready to pay the amount agreed upon ($300) but as I am facing eviction and mounting medical bills, I was going to ask the judge if I could pay a lesser amount. However, I was handcuffed and locked in a jail cell before I could even plead my case.

Each time I have come to court, this judge has accused me of failing to comply with the courts rulings before even reading over my case, and despite the fact that she has twice presided over trials where I have indeed paid the fines as she had required. I am unable to pay the full amount of the fine because I am not working and due to legal issues with my former employer, my disability payments were cut off in July but I have made monthly payments as requested, and have the credit card bills to prove it.

Also, each time I go to court, the fine amount changes for some reason, and I am always told that I will have to wait while they work out how much I owe -- this has happened three times and now I am unsure of exactly how much has been paid and how much I owe in total.

By doctor's orders, I am currently unable to work and I have already provided medical evidence to prove this, but each time I come before her, she claims that she does not understand why I can't pay my fine if I am working (despite the fact that I have not been able to work in nearly a year) and she accuses me of not having paid anything on my fine despite the fact that I have done so and have shown proof to her in the courtroom on at least two prior occasions. She also openly disputes my medical condition despite the medical evidence I have presented to her on each court date and which is already on file and in my records.

When I went in earlier today to plead my case and ask for an extension on fine payment due to impending eviction from my apartment (3-day notice) because of a lack of funds, I was booked, handcuffed, and placed in a jail cell for over six hours to await my hearing before she even heard my case, despite the fact that I made it clear to the court that I have a certified medical condition and did not have my medications with me.

Moreover, when I was brought out of the cell some six hours later at the end of the day, I was not given any credit for time served in this cell, despite my public defender's request.

I don't understand why each time I have come to court, this judge claims that I have made no effort to meet my obligations despite the fact that I have already done three days of Caltrans (prior to my injury) and paid about $400 in fines. She accuses me of these things on each visit, even before she looks at the evidence I have presented or even reviews my case.

I understand that I am to comply with the court's rulings and I have made EVERY effort to do so on previous occasions. I was prepared to comply today as well, but before I was given that option, I was arrested, fingerprinted, handcuffed and placed in a jail cell without my medications and then given no credit for time served despite spending nearly 6 hours behind bars.

I have complied as best I could with the court's ruling, but as I have had no source of income for nearly half a year, it has been difficult to pay the fine in full and I cannot enroll in Caltrans with a medical disability. I was first told that my fine was $695, then I was told that it was $1680 and on my latest visit (today) I was told that it was $1908. I simply can't understand how my fine can be going up in amount when I have made payments of at least $100 on each prior court visit!

To add insult to injury, each time I have entered the courtroom the judge accuses me of "working" and "not paying my fines" I am given no chance to respond with the truth, even though the documentation I have already given her on previous occasions clearly states that I am disabled and unable to work at least through Dec 1, 2007.

I am not sure why this judge wrongly prejudges me each time I visit this courtroom, but as I am African-American I have to wonder if that has something to do with it. I do not feel as if she is being fair with me as she makes these false accusations against me each and every single time I stand before her, and she usually will not let me respond, claiming that the public defender is the only one who can plead my case for me.

I would like your organiztion to help me to hold this judge accountable for mistreating me and not clarifying to me directly how much I owe the court, repeatedly lying about me and prejudging me before reviewing all evidence presented, endangering my health by placing me in a jail cell without my medications, and not allowing me to even speak to my lawyer before being placed said jail cell nor giving me any credit whatsoever for spending six hours behind bars for charges that were not made clear to me prior to arrest. This judge was in a rush to get to lunch, and had me placed in a cell over the lunch break despite the fact that I had come willingly to court and was simply there to request another extension. However, I was not released from this cell until 5:15 PM that afternoon -- far after lunch time had passed. There was no reason for me to be handcuffed and imprisoned; I had already offered to make a payment on my fine if necessary but I simply wanted to see if there were any other options given my pending eviction.

Whether addressing this issue involves a lawsuit taking direct action against this judge and the court, or simply providing me with a change of venue, I will do whatever I can to make sure that this very biased judge no longer presides over my case. My next court date is on December 20th and I fear that if I don't have the money I will be thrown in jail again. As I am currently undergoing weekly physical therapy and doctor's visits, this could be very detrimental to my health. Also, by doctor's orders, I cannot work at this time, so I don't know where I will come up with the income for my fine before my court date.

At the very least, I feel I deserve credit for the six hours I spent behind bars and I likewise deserve a judge who does not overtly lie about me and prejudge me based on her own assumptions rather than the evidence presented.

If you can help me in this, I would greatly appreciate it, and if not, I would ask that you direct me to a legal organization that can indeed help me to protect my rights in this matter.

I can provide you with any and all necessary evidence and documentation as required.

Thank you in advance,
Christopher

?

We're too disabled to pay the fines, wanna play "let's make a deal" with a statutory fine, but we're not too disabled to continuously break the law. Interesting.

As a former employee of that specific courthouse... and a minority myself, you, OP, sicken me. Let's stop crying the racial wolf before you actually have a legitimate issue and no one wants to listen to you.

Pay your damn fines. Buck up and stop getting in trouble with the law. Really, it's not that hard to do. IMO, you shouldn't have been released at all. They should have locked you up until your fines were fulfilled, then you wouldn't have to worry about needing to pay these fines that have you in such a financial bind...

Not to mention, since you're getting evicted anyway, you'd have a place to stay and 3 meals a day. You make such a big deal about being "handcuffed, booked and imprisoned." This should be routine for you... what's this? Your third (at least) run in with the law? Grow up and take responsibility.

 

[Christopher L.]

We're too disabled to pay the fines, wanna play "let's make a deal" with a statutory fine, but we're not too disabled to continuously break the law. Interesting.

As a former employee of that specific courthouse... and a minority myself, you, OP, sicken me. Let's stop crying the racial wolf before you actually have a legitimate issue and no one wants to listen to you.

Pay your damn fines. Buck up and stop getting in trouble with the law. Really, it's not that hard to do. IMO, you shouldn't have been released at all. They should have locked you up until your fines were fulfilled, then you wouldn't have to worry about needing to pay these fines that have you in such a financial bind...

Not to mention, since you're getting evicted anyway, you'd have a place to stay and 3 meals a day. You make such a big deal about being "handcuffed, booked and imprisoned." This should be routine for you... what's this? Your third (at least) run in with the law? Grow up and take responsibility.

This is not my third run-in with the law, it is my first conviction (DUI or otherwise) -- I have no idea where you get the idea that I continuously break the law when I am a college graduate who admittedly made a mistake in driving under the influence and am now doing the best I can to fulfill my obligation to the court. The "fines" that I am referring to only apply to THIS ONE CASE -- I am paying in installments because I cannot pay the full amount at once.

I cannot pay my FINE in full because I cannot work due to disability and I have documented medical evidence to prove this -- evidence which the judge dismisses at will. All I did was go to court as scheduled and request an extension based on not having enough to pay my rent for the month, and I was thrown into a jail cell without any discussion of my situation DESPITE my offerring to pay the agreed installment on the fine if the judge deemed it necessary.

I have no idea why you would post such a hateful reply -- but if it makes you feel better to kick people while they are down, then so be it.

 

[Christopher L.]

Your post is long and repetitious. You need to list just the pertinent facts without the hysterical repetition about how you have been done wrong.

The judge is under no obligation to listen to your evidence. You've already been tried and convicted. You fail to meet the terms of your sentence, she's free to lock you up. Time served credit is at her discretion.

You're so disabled you can't sit through a dui class?

We're not lawyers. Where is yours during all this?

I have no lawyer because I can't afford one -- that's why I came here seeking advice.

I have completed all of the relevant DUI classes and AA meetings -- all I have left to do is to pay the fine, which I cannot do because I have no source of income at this time.

I came here seeking honest legal advice and instead I receive insult and ridicule.

Much appreciated.

 

[Christopher L.]

All that and you didn't once mention what your disability is...

Tendonosis of the left shoulder as revealed by MRI as well as an undetermined injury to my mid-back as revealed by bone scan, for both of which I am currently undergoing physical therapy and rehabilitation.

Is there any need to insert a "roll eyes" when asking such a question?

I think I'm done with this forum -- thanks for the warm welcome.