My Ex wife is trying to have me Incarcerated child support.
My Ex wife is trying to have me Incarcerated for unpaid child support. I have no job and am a disabled veteran with a small disability check monthly that I live off of. I am no longer able to work because of my Military injuries, and I have filed for SS Disability with the help of an attorney. The other day her "Legal Aide" attorney sent me a letter in the mail. In the letter was a visa form for my daughter so that she can travel to Mexico to visit her grandparents. The letter made me feel like they were trying to coerce me into signing the letter if not they would seek jail time for the unpaid child support. I feel that my Civil rights are being infringed on according to the 7Th Amendment- In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury , shall be other wise reexamined in any court of the United States, than according to the rules of the common law."They have not even bothered to conduct an indigent hearing for me to determine my financial status or work status.Furthermore they request the presiding Judge to confine me for no less than 90 days, and 10 years probation after that. Under the 8Th Amendment- " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."Her lawyer is imposing an excessive fine, and bail that I could not pay being that I am indigent. It is very well known to me the "Memo" released by the (U.S. Department of Justice) dated March 14,2016 to all courts through out the Country. I qoute "Dear Colleague, The Department of Justice is committed to assisting state and local courts in their efforts to ensure equal justice and due process for all those who come before them. Recent years have seen increased attention on the illegal enforcement of fines and fees in certain jurisdictions around the country-often with respect to individuals accused of misdemeanors, quasi-criminal ordinance violations, or civil infractions. Typically, courts do not sentence defendants to incarceration in these cases; monetary fines are the norm. Yet the harm caused by unlawful practices in these jurisdictions can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for non payment despite posting no danger to the community, lose their job; and become trapped in cycles of poverty that can be nearly impossible to escape. Furthermore, in addition to being unlawful, to the extent that these practices are geared not toward addressing public safety, but rather toward raising revenue, they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents. To help judicial actors protect individuals' rights and avoid unnecessary harm, we discuss below a set of basic constitutional principles relevant to the enforcement of fines and fees. these principles, grounded in the rights to due process and equal protection, require the following:(1) Courts must not incarcerate a person for nonpayment of fines or fees without first conducting an indigency determination and establishing that the failure to pay was willful:(2) Courts must consider alternatives to incarceration for indigent defendants unable to pay fines and fees:(3) Courts must not condition access to a judicial hearing on the pre payment of fines or fees;(4) Courts must provide meaningful notice and, in appropriate cases, counsel, when enforcing fines and fees;(5) Courts must not use arrest warrants or license suspension as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections;(6) Courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated solely because they cannot afford to pay for their release; and(8) Courts must safeguard against unconstitutional practices by court staff and private contractors."End quote.It goes on to say that " We at the U.S. Department of Justice observed that many of your, particularly judges municipal and local JP courts have been violating the US Constitution US Supreme Court precedent (which given your position, you should already know) by incarcerating and/or extorting the indigent for the fine money to fill your jurisdictions coffers, and doing so without proper legal, constitutional hearing, or providing legal counsel to the accused.AS OF NOW YOU ARE ON NOTICE THAT THAT WILL STOP IMMEDIATELY!!!!Should we find any of you violating ANY of the aforementioned items, we will seek your indictment for (Federal Civil Rights) and or other criminal violations, and if true billed, we will send a US Marshal or other representative of the US Department of Justice to your court, home or anywhere else that you may find to arrest and incarcerate you. You will then face a jury of your peers, most likely in the jurisdiction where you may have incarcerated various individuals"Please help me.
Attorney At Law
Doctor of Law w/ highest honors
I have had an arrest warrant issued person who assaulted me
I have had an arrest warrant issued for a person who assaulted me on tape. I showed the cop that night and he said it was assault, and the magistrate said its assault. My supena showed up, I have to be in court on the 10th. Who do I show this video to? the DA? The Judge.... do I need a lawyer since the magistrate already issued an arrest warrant?