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I had a code enforcement person issue an administrative

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I had a code...

I had a code enforcement person issue an administrative citation to me when I would not allow him on my property without a search warrant. The citation is a $100.00 due now. now. why more to explain but the libaray computer shuts down after a minute or two every time .

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

California and The US constitution should be valid in every state right?

Lawyer's Assistant: Has anything been filed or reported?

Yes It was issued Aug 10 I thought it was over. I told him that the town had denied me a jury trail a few years back on the same offense and the towns lawyer firm "realized a person could not be denied a jury trail on a criminal offense, which all code enforcement citations. The county judge denied me the jury trail by reducing it to an infraction over my objections I demaned a jury trail and his response was " Well that just the way it is gonna be" I was so afraid they would arrest me because I was shouting to the defense lawyers defending the men in orange "Can he do that ?" The response was " he can do anything he wants" my response was '' NO HE CAN'T'' but the issue now is that the code enforcement person have me the Administrative citation and not my neighbors. They allowed him on their property. I can not express to you how pissed off Iam now. Way more to the story than the computer here will allow me to explain.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All kinds of things but I have trouble typing

Submitted: 3 months ago.Category: Legal
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Answered in 19 minutes by:
1/4/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,278
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Actually the right to a jury trial under law does not apply to ALL charges or violations. The law says that a jury may be denied in cases at law where no juries were available at the time of the Constitution OR in cases of minor infractions or violations where minimal fines under $500 can be imposed. So in general you could be denied a jury and have to get your matter heard by the judge.

You can appeal the decision of the local court to the Superior Court if you choose to do so if the lower court ruled against you on the violation. You also have a right to not allow the person on your property without a warrant and can dispute that citation as well in court, since you have a 4th Amendment right to be free from search and seizure without a warrant or from intrusion on your property without a warrant and you can appeal that citation to court as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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