Imposing Bail on Speeding Infractions

[AgentSmithers]

What is the name of your state (only U.S. law)? California

Over here where Im going to court we have a pretty mean commissioner that is basically forcing bail on not guilty pleads, I'm solving that issue today with him with my Attorney due to the fact he could never back up what he says on enforcing that, is that common in all courts, We are presumed guilty and endless physically arrested/Danger To Public bail should not apply to my understanding until found guilty?

[AgentSmithers]

***Bump***

[FlyingRon]

Huh? Mean commissioner? This bail is different than the one every other California jursidiction mandates which happens to be the same as the fine that you'd pay if found / pleading guilty?

You think you are exempt from bail because you say you didn't do it?

[AgentSmithers]

Well reading the law it says Bail is only imposed if physically arrested/Danger to the Public? Which I'm sure I'm correct.(Could still be wrong)

I wanted to confirm and if that's the case why do they insist on doing this, Is it all about getting money out of people?

But I do say That I'm innocent until proven guilty.

[FlyingRon]

Nobody said you are guilty. They are assuring that you will appear in court to contest your case or forfeit the bail (which pays the fine nicely). What "law" do you claim to be looking at? The nature of bail is not just the seriousness of the crime, but the liklihood of you not making your court appearance.

[AgentSmithers]

Dear Judge Pro Tem __________:

I am writing to you because I was advised by court clerk __________, on March 99, 2999, when I appeared for arraignment (see attached Notice), that the only way I could enter a Not Guilty plea to the charge in the above referenced case, contest the matter and set it for a court trial, was by posting the $999.00 “bail”amount, or by receiving permission from you, to enter the Not Guilty plea and set it for trial, without posting the “bail” amount.
I am requesting that you allow me to enter the Not Guilty plea and to then allow me to contest this matter, without the paying of “bail”, because it would be inappropriate to demand “bail” on an infraction (See Penal Code §§1270, 1275, 19.7.), when the court can be otherwise assured of my appearance at trial.
Besides the statutory presumption of a release on one’s own recognizance for an infraction offense, the Eighth Amendment of the U.S. Constitution certainly demands that one be afforded his constitutional right to a trial without bail in a matter such as this infraction case.
Thank you in advance for your consideration of this request.

Sincerely,


__________
Attorney at Law

**********

[Zigner]

I'm glad I was able to open this evening with a chuckle

[FlyingRon]

You seem to have missed the or will not reasonably assure the appearance
of the defendant as required part of that section.

People are much more likely to blow off traffic infraction appearances. As a result the courts uniformly set the bail to the fine amount.

[AgentSmithers]

Ah... Well wouldn't that mean a Warrant would go out for you?

[I_Got_Banned]

Originally Posted by AgentSmithers

Ah... Well wouldn't that mean a Warrant would go out for you?

They don't issue warrants for traffic infractions in California anymore... They just suspend your license.
Doesn't your attorney know that???

[AgentSmithers]

I dont hold hands with an attorney everytime I ask a question in this forum.

So if you dont show will they suspend your license, or is that only when you max your points?

[CdwJava]

Originally Posted by AgentSmithers

So if you dont show will they suspend your license, or is that only when you max your points?

If you FTA your license might be suspended and you might also receive a warrant for your arrest. Usually, however, the license will be suspended and the fine goes into collections.


- Carl