Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Mar 2009
    Posts
    13

    Thumbs down Double Jeopardy

    My question involves traffic court in the State of: KANSAS. I received a ticket January 2008, for failure to yield,-- to make a long story short- I missed the court appearance due to a very stressful situation which overshadowed everything else. The court judge issued a bench warrant for me, at 10 in the morning, which was carried out at 10 at night, even tho the town I live in is so small- there would not have been any problem serving it in the morning. I now have an arrest record because of this. I went to court, and was additionally FINED $50 for CONTEMPT for missing court!!!!The judge said my excuse was "not good enough". Since I had already been arrested for missing court,is it right to fine me also for it? It does not seem right.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Double Jeopardy

    That's what happens when you blow off a court date, and the judge doesn't accept the excuse.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Double Jeopardy

    Your legal concept of Double Jeopardy is not correct.

  4. #4
    Join Date
    Mar 2009
    Posts
    13

    Default Re: Double Jeopardy

    Quote Quoting Mr. Knowitall
    View Post
    That's what happens when you blow off a court date, and the judge doesn't accept the excuse.
    Excuse me, but I did not "blow off a court date". There were personal circumstances that led to my missing the court date. I honestly forgot about the court hearing.

    Quote Quoting BOR
    View Post
    Your legal concept of Double Jeopardy is not correct.
    I know that is not what double jeopardy is, just that it seems as if I am having to pay twice for missing the court date,i.e., being arrested & then also having to pay a fine in addition.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Double Jeopardy

    Quote Quoting Zanner48
    View Post
    I know that is not what double jeopardy is, just that it seems as if I am having to pay twice for missing the court date,i.e., being arrested & then also having to pay a fine in addition.
    Okay, but we have 2 seperate crimes here, the first, the traffic offense, and the 2nd for failure to appear, a Contempt charge.

  6. #6
    Join Date
    Mar 2009
    Posts
    13

    Default Re: Double Jeopardy

    Quote Quoting BOR
    View Post
    Okay, but we have 2 seperate crimes here, the first, the traffic offense, and the 2nd for failure to appear, a Contempt charge.
    I understand that the traffic offense and the failure to appear are 2 separate issues. It seems that being arrested should be penalty enough for missing the court date, then to be fined for it also...

    It was my first arrest ever & a shame it could not have been handled differently. It is sad when someone is thrown into jail over one minor traffic ticket.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Double Jeopardy

    Quote Quoting Zanner48
    View Post
    I understand that the traffic offense and the failure to appear are 2 separate issues. It seems that being arrested should be penalty enough for missing the court date, then to be fined for it also...

    It was my first arrest ever & a shame it could not have been handled differently. It is sad when someone is thrown into jail over one minor traffic ticket.

    The court has an option of issuing a warrant or sending out a notice you missed your date and a new one is set.


    That is the system.

  8. #8
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Double Jeopardy

    Being arrested, while certainly not pleasant, isn't a punishment.

  9. #9
    Join Date
    Mar 2009
    Posts
    13

    Default Re: Double Jeopardy

    Quote Quoting cyjeff
    View Post
    Being arrested, while certainly not pleasant, isn't a punishment.
    Opinions differ. Surely the millions incarcerated would say it is a punishment. Also when an arrest due to missing a court appearance for ONE simple traffic ticket interferes with getting employment I was assured I had- then it is more than simply an unpleasantry, plus gave me an arrest record when I never had one before. I am not a criminal simply due to one traffic ticket & resent having been treated as though I committed some horrific crime.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Double Jeopardy

    Quote Quoting Zanner48
    View Post
    Opinions differ. Surely the millions incarcerated would say it is a punishment. Also when an arrest due to missing a court appearance for ONE simple traffic ticket interferes with getting employment I was assured I had- then it is more than simply an unpleasantry, plus gave me an arrest record when I never had one before. I am not a criminal simply due to one traffic ticket & resent having been treated as though I committed some horrific crime.

    If I am not mistaken, it is against EEOC guidelines to ask if you have ever been "arrested" on an employment application! Convictions, yes.

    Background checks are another matter.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Probation and Parole: Double Jeopardy
    By lisakotrob in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 06-05-2010, 06:29 PM
  2. Double Jeopardy
    By chexmix666 in forum Debate the Issues
    Replies: 5
    Last Post: 12-26-2008, 07:58 AM
  3. Theft and Larceny: Possible Double Jeopardy
    By toxikmynd in forum Criminal Charges
    Replies: 3
    Last Post: 11-30-2008, 04:36 PM
  4. Initiation of Charges: Double Jeopardy
    By rabernmt in forum Criminal Procedure
    Replies: 2
    Last Post: 10-20-2008, 10:42 PM
  5. Plea Bargains: Double Jeopardy
    By tvbdude in forum Criminal Procedure
    Replies: 6
    Last Post: 11-05-2006, 01:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources