Legal Question in Criminal Law in California

Sir or Ma'am: In the County of San Bernardino, State of California, I received a citation for: Unregistered vehicle; Passenger without seat belt; No insurance. I couldn't register the vehicle, as not mine. Did purchase insurance, and sent documentation, along with suggested fine amounts to Court, and ahead scheduled court appearance. Time came and went without acknowledgment of receipt by Court, which I chalked up to case overload. Should have appeared on schedule, but erroneously believed event handled.

Few months later, I received a notice that case was sent collections; said notice demanding significant monies for the 3 charges, with additional charge of failure to appear. Subsequent 2 attempts to appear; informed Court lacking paper, as with collections. Furthermore, unable to renew drivers license until amount paid.

I accept major blame; lack of due diligence. However, charge "Willful" failure to appear, apparent finding of guilt; coupled w/sentence imposed: Fine, loss of driving privilege; also seem up and up. HOWEVER, pertinent Constitutional Amendments, (6th, 14th ?); as I perceive, seem to contain overall singular thought: Due Process, Equal access to Court of Jurisdiction.

Perhaps understanding eludes, but denial of opportunity to appear before Magistrate; answer to charge; appeal conviction; appeal sentence imposed: This is not repugnant to, nor in violation of; if not literal, then spirit of those amendments?

Thank-you for opportunity to convey circumstances and question for clarification and enlightenment. Sorry for lack of brevity.


Asked on 1/16/11, 9:12 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

"Willful" simply means you did, or omitted to do, something the law requires. If you were in the hospital and couldn't get to court, that might show that your absence wasn't willful, but you seem to admit that you just didn't go.

When you were cited, you signed a promise to appear at a particular date and time, not to send documents. The court was not obligated to acknowledge receipt. When lawyers want proof they filed a document with a court, they send an extra copy and a return envelope with return postage attached. The clerk stamps the copy and returns it, so the lawyer has proof of receipt.

Due process is generally defined as notice and an opportunity to be heard. You had notice of the hearing; the ticket you signed and the documents you sent are proof of that. The court date was your opportunity to be heard, which you forfeited by failing to appear.

Sorry, but there isn't a lot you can do. The court clerk may be able to schedule another date so you can request a reduction in the fine, but don't expect just to walk into the courthouse and go directly in front of a judge.

Next time, read the instructions on the ticket carefully, and ask for advice BEFORE you take on a legal matter yourself. The lawyers on LawGuru would have told you to take the papers to court on the date on your ticket, not to mail them.

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Answered on 1/21/11, 10:32 pm


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