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  1. #11
    Join Date
    Mar 2013
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    18,340

    Default Re: Excessive Bail-Lawsuit

    I believe it also applies to the judge.
    It doesn't. That section applies limitations to what a clerk can do, not what a judge can do.

    Besides, you omitted

    (c) A clerk may set the amount of bail in excess of the listed amounts in subsection (b) if the defendant is deemed a risk of flight pursuant to § 40-11-118.
    And did you notice:

    if admitted to bail by the clerk of any circuit or criminal court, the defendant has a right to petition the judge of the circuit or criminal court if the defendant feels that the bail set is excessive,
    Did you do that?

  2. #12
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Excessive Bail-Lawsuit

    I have no criminal record. Only misdemeanor traffic violations.
    The statute also says that I'm to be informed of my right to request bail reduction. I wasn't. I wasn't a risk of flight. And since the clerk is limited on bail amount, the judge upon seeing the excessive bail, and that I was taking before him following being told of bail amount, would be required to make it reasonable. The clerk shouldn't have been about to set bail since the judge was present in court.

  3. #13
    Join Date
    Jul 2010
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    8,006

    Default Re: Excessive Bail-Lawsuit

    Quote Quoting Edward333
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    I have no criminal record. Only misdemeanor traffic violations.
    The statute also says that I'm to be informed of my right to request bail reduction. I wasn't. I wasn't a risk of flight. And since the clerk is limited on bail amount, the judge upon seeing the excessive bail, and that I was taking before him following being told of bail amount, would be required to make it reasonable. The clerk shouldn't have been about to set bail since the judge was present in court.
    Could you please stop changing your story/adding undisclosed facts to it when someone shows you are wrong. The judge is not REQUIRED to change the bail if they do not feel it is excessive. Further, since you went before a judge the rules on the clerk do not apply as they are not the ones granting you the bail.

    Given this in your other thread: "My license was suspended about 20 years ago for non-payment of fines and court cost. ", I can see the judge thinking you are a risk of not appearing since you failed to honor your obligations in the past.

  4. #14
    Join Date
    Jan 2020
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    108

    Default Re: Excessive Bail-Lawsuit

    Now listen, The judge is required by law to follow the constitution. The constitution prohibits excessive bail. $50,000 for misdemeanors which mostly carry a $50 fine is very excessive. I don't know what police dept or court you work for, but you sure aren't a lawyer.

  5. #15
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    23

    Default Re: Excessive Bail-Lawsuit

    Quote Quoting Edward333
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    Now listen, The judge is required by law to follow the constitution. The constitution prohibits excessive bail. $50,000 for misdemeanors which mostly carry a $50 fine is very excessive. I don't know what police dept or court you work for, but you sure aren't a lawyer.
    That's a pretty standard bail. Our standard bail her is $10,000 per charge on traffic. Usually they let you pay just 10% to get out though. With 5 charges $50,000 sounds right. Plus the fact you skipped out on the court for an excessive amount of time adds to it.

  6. #16
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    Mar 2013
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    18,340

    Default Re: Excessive Bail-Lawsuit

    Quote Quoting Edward333
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    Now listen, The judge is required by law to follow the constitution. The constitution prohibits excessive bail. $50,000 for misdemeanors which mostly carry a $50 fine is very excessive. I don't know what police dept or court you work for, but you sure aren't a lawyer.
    Do you have a lawyer? If not, you should get one.

  7. #17
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Excessive Bail-Lawsuit

    1: Judges are libel in their personal capacity when they violate your rights. See : “Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.”
    Arthur v. Fry, 300 F.Supp. 622


    "...an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...The liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual' , not his official capacity..."
    70 Am. Jur. 2nd Sec. 50, VII Civil Liability


    [a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud.”
    Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 1994

    2: TN code sets Max bail at $1,000 per misdemeanor and 2 separate codes call for release on misdemeanors by simply signing the citation.

    3: TN ruled 2 years ago that a license can't be suspended for fines or cost. Mine was 20 years ago. That ticket and cost was paid anyways, but not before I received addictional tickets. The addition tickets are void since my license was suspended unconstitutionaly.

    4: Unless you're an actual lawyer, that knows how to sue in federal court, it's just an opinion.

  8. #18
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Excessive Bail-Lawsuit

    Quote Quoting Edward333
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    2: TN code sets Max bail at $1,000 per misdemeanor and 2 separate codes call for release on misdemeanors by simply signing the citation.
    Please provide a statute, besides the one which references clerks, that backs up that assertion regarding the bail amount. I don't see one anywhere. Further, there are exceptions to the requirement that you be cited and released. Without knowing the code sections you were cited under, we can only hypothesize that is what is at play here. Edit: I see on your other thread that you caught a resisting charge. That is a go to jail offense, not a get a ticket and go home offense. Driving on a suspended license is also an arrestable offense where a citation is optional, not required.

    Quote Quoting Edward333
    View Post
    3: TN ruled 2 years ago that a license can't be suspended for fines or cost. Mine was 20 years ago. That ticket and cost was paid anyways, but not before I received addictional tickets. The addition tickets are void since my license was suspended unconstitutionaly.
    Your information is out of date. That ruling was overturned in May. There goes that argument, that didn't really apply anyway since your license was already suspended before the ruling.

  9. #19
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Excessive Bail-Lawsuit

    If you'll notice my second reply in this thread, I mentioned resisting. My court appointed lawyer watched the video and agreed that I definitely didn't resist.

    Even if they could set bail at any amount they want (and they can't), each charge was for $10,000 each for a total of $50,000. Now, there's no way that $10,000 bail for expired tags and $10,000 for insurance which are $50 fines, isn't excessive.

    BTW, if the ruling was overturned in May, can you provide a link?

    And how is it possible to be on bail for a non arrestable offense?

  10. #20
    Join Date
    Jul 2010
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    8,006

    Default Re: Excessive Bail-Lawsuit

    Quote Quoting Edward333
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    If you'll notice my second reply in this thread, I mentioned resisting. My court appointed lawyer watched the video and agreed that I definitely didn't resist.
    That's nice but it doesn't change the fact that at the time of the arrest, the officer was able to convince a judge you were resisting. Therefore, the arrest and bail are not out of line at that time. I will grant you, however, that the police love to abuse resisting charges so it may have been BS. If the judge believed probable cause existed at the time, he did nothing wrong.

    Quote Quoting Edward333
    View Post
    Even if they could set bail at any amount they want (and they can't), each charge was for $10,000 each for a total of $50,000. Now, there's no way that $10,000 bail for expired tags and $10,000 for insurance which are $50 fines, isn't excessive.
    You STILL have not provided one iota of evidence to back up your assertion regarding the courts' rights to set bail. 10,000 for the suspended and the resisting I can agree with. The others were probably higher than they might normally be and probably punitive given your apparent disdain for the law, based on their review of your history. Does it suck? Sure.

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