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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116772
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was not allowed to see a muni crt. judge about a seeding

Customer Question

I was not allowed to see a muni crt. judge about a seeding ticket . Has my right to due process been denied? If so, can I make a federal case out of this. If they denied me they have denied everyone who ever paid a traffic fine there and that makes one hell of a class.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What do you mean you were not allowed a hearing? What state? Who heard the case, a traffic administrator?
Customer: replied 1 year ago.
Texas--no one just some very unpleasant clerk behind a window ----- she said the judge had job and couldn't be bothered ---- small town Texas just pay the fine and go away
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have a right to plead not guilty, the clerk cannot stop you from doing so. Even if the clerk tries to tell you the judge cannot be bothered, you can enter a plea of not guilty and it must go before the court as required by the US and Texas constitutions. If the clerk is denying you the right to plead not guilty, then you would need a local civil rights attorney (from one of the nearby LARGER cities) and you could seek to file a federal civil rights violation suit against the clerk's office and once you file the attorney you use would get the court records and would seek to find others who were similarly denied their constitutional right to plead not guilty and add them to the suit, that is how class action cases are formed.
Customer: replied 1 year ago.
I was not told any of that. All I wanted to do was arrange some sort of payment plan as I am retired and on a fixed income (that fixes nothing). The judge is the only one who could do that. It was an accident but I was seeding and could not ,in good conscience , plead not guilty. I under stand in a small town like that the tax base is too small to pay someone to be a fulltime judge, but they could at least have regular hours for the (judge?) to be there.( In Texas judges are elected and represent the people who elected them) In Texas a judge doesn't even need to know the law (just be able to win election).In this small town that's the case with the judge. (So I'll bend over and take it)
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you plead guilty, you lose the right to see the judge I am afraid. So the judges do not have to see you just for a payment plan. In order to do anything in Texas, you had to plead not guilty and have it set for a hearing and then ask the judge for time to pay.