• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Court filing fees unconstitutional

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

chopficaro

Junior Member
the state cannot charge money to exercise a right

i have been charged a court filing for a motor vehicle violation in the state of Massachusetts

i want to fight it but i have no precedents of filing fees being declared unconstitutional. do you guys have any? all i can find on google is one about a guy being charged a filing fee for becoming a candidate for some office, but i'd like a more relevant one
 


E

ecmst12

Senior Member
It's not unconstitutional. That's why there's no precedent. It costs the state money when you contest your ticket. They pass that cost onto you.
 
C

chopficaro

Junior Member
* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any 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 i am being held accountable for any part of the court's filing, then i am being held to answer for capital without due process
 
A

AlmostALawyer

Member
chopficaro said:
* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any 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 i am being held accountable for any part of the court's filing, then i am being held to answer for capital without due process
Click to expand...
Others on this board can correct me if I'm wrong, but I do believe that all of these provisions have not been passed or incorporated onto the states.

It is my guess this will be the hot thread tonight.
 
P

Proserpina

Senior Member
chopficaro said:
* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any 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 i am being held accountable for any part of the court's filing, then i am being held to answer for capital without due process
Click to expand...


Well that was entertaining. Briefly.

Completely irrelevant to the question, though.
 
P

Perky

Senior Member
So, from what you've posted, I'm guessing that you committed premeditated vehicular homicide?
 
B

BOR

Senior Member
chopficaro said:
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury....

if i am being held accountable for any part of the court's filing, then i am being held to answer for capital without due process
Click to expand...
Say which??

A traffic offense is hardly a capital or infamous crime.


Filing fee?

What is a filing fee outside of a civil suit context??
 
E

ecmst12

Senior Member
Infractions are different from crimes on all levels. For example, you're not entitled to a court-appointed attorney for an infraction, either.
 
C

chopficaro

Junior Member
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

how can anyone come up with a definition for a right, where one is charged for exercising it?
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top