Legal Question in Constitutional Law in California

I'm contesting a traffic citation I received, and just set the court date for late March. But I had to pay the full fine of 525.00 in order to get a court date. So my question is, doesn't this violate the 14th amendment by depriving me of my property (cash) without due process?

Also, I asked why I don't get the option of a public defender to at least consult on this case. The nice lady smiled and said, "you would for a criminal case, but this is just an infraction." Huh? There is criminal, and there is civil. Since the docket will read "People vs Me", then it's not civil. So by default it's a criminal case. So why don't I get representation?

With much gratitude, I thank you.


Asked on 12/28/10, 6:57 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The way courts charge you money to get a trial, which is of course unconstitutional, is to call it "bail." The way around it is to plead not guilty and request to be released on your own recognizance.

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Answered on 1/02/11, 7:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You haven't paid a fine. You have posted bail. If you win in court, you will get it back. That wouldn't happen with a fine.

Even if traffic cases really were criminal, you would not be entitled to a public defender. Indigent defendants only have a constitutional right to a public defender if they risk being sentenced to jail or prison. Many states make public defenders available more broadly, but none make them available in routine traffic cases.

Besides, you have offered no reason to believe you are indigent.

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Answered on 1/03/11, 1:08 pm

The Constitution allows courts to require bail, which is what you posted. If you successfully defend against the charge it will be refunded to you. If not, it is applied to your fine. As for criminal versus civil, you are simply wrong. There are civil, criminal, bankruptcy and administrative proceedings. Infractions are technically administrative proceedings.

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Answered on 1/26/11, 9:58 pm


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