Criminal Trials, Hearings Civil Rights violation Judged by CLERK! NO Trial

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xtraChrisp

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Well I cannot tell you the infor because this site does not provide enough room for the letters. How do they expect you to explain yourself when you are limited by to many characters?This site is a JOKE no room for anything. Sorry cannot explain the problem. NO ROOM on site.This is a real easy case. It contains alot of reading, but if someone was to read the case real close, they would find that all this can be proved by obtaining the phone records from the defendants resident. Please be patient and try to fallow these letters to the Judge. We have recently found out that Judge Cagel may not have even been the defendants Judge, but because the defendant was never given a court date, that information was never known. This takes place in SC Greenville for no insurance violation (1st offence) where the defendant was made to walk home from work. This 1st letter is just the begining. The Clerks actions where turned in to the The Supreme Court Of South Carolina Office of the Disciplanary Counsel. The defendant was told that he was a liar and that he was upset with the results of the case. 1. the judgement was passed the day of the phone call NOT the day he missed court. The letters were constructed long before any judgement was reached.In fact no judgement has been reached as to he has never been notified only made to pay money to the DMV.(Unheard of amounts for a first offence)In SC the clerk for a court is the only person that can change addresses or tell you court dates, warrents, ect....Letter to Judge:
Date of Violation:04-20-06 Page 3 of 4
Arresting Officer: B. Lynn Ticket Num. 9309
This is what occurred to start a series of unprofessional events from a clerk in the court system:
A court date was missed do to the carelessness of a Magistrate Court appointed clerk. The court system is backed up and it takes over a year sometimes to get to court over a traffic violation.In this time period people tend to move or change living arrangements. It is the responsability of the defendant to notify the courts and give them the new address(which gives the courts a great opportunity to make someone pay fees instead of going to court and getting it waved). In this case it was done not once but twice the first was the day before the move actually took place and a month later at which time the secretary simply said "if you already called then I am sure that it was changed the first time" (without checking). It should be noted that if you raise your voice or ask the secretary to do something she does not want to, you will know it.
This is the first incident that occurred in the Magistrate of Judge Cagle that should be addressed. It has been an uphill battle when even the Governors office seems to have lost the phone numbers to the offices that would help us.And was also told "I am not sure who you would call" in which the lady was real nice and probably wanted to help but had mixed feelings. We were told (by a lady at the jail) that no one in this county is going to have these numbers when you are going to complain about an court appointed employee. It seems that the employ of the courts have just as much power as the judge himself these individuals have to much POWER. The individual that works for the court seems to have issues that need to be addressed.This what occurred. I asked for a trial in the the court of Judge Cagle so I could get a lawyer and find out why my insurance did not have my car insured and just my van. And being from Indiana I did not know that car plates had to be turned in the day of insurance cancellation.So I was going to find out more information. In this process I moved just about a month or two after the court date.It has almost taken a year to go to court. The day before the actual move I called the courts to notify them of my address change. I remember this because our new cell phone had just been turned on and the house phone was turned off because of the move.I then called the court a month later to make sure that it was changed and see if a court date had been given At which time the clerk simply said "if you already called then I am sure that it was changed the first time, without checking" I have since then called every 2 months to make sure. This is how I found out about missing this court date.If I was trying to avoid court why would I call?I also recall this because I had another court date and called that court also, and my lawyer. My lawyer has this new address the other court has this new address, but the court in question does NOT.I find it upsetting to think a court would deliberately disregard change of address. My spouse called on 4-17-07 at about 3:00 and found out court was on 4-5-07 I am on disability and was waiting to go so I could get a court appointed lawyer.The clerk indicated to her that I would have till May 17 to pay this fine which is not much time. At that time the phone was handed to me and I asked the clerk why I would have to pay when it was the clerks fault that the address was not taken down. She then proceeded to tell me that if i did not calm down that she would hang up on me. I then hung up on her before I told her how I really felt about her not doing her job. She was called about an hour later by my spouse, and the clerks exact statement was"there is no extensions!" very loud and in nasty voice, and then hung up the phone on her. She then decided to wait to call the next day to find out what she meant by this no extensions. Was it 30 days from the court day or what.My spouse called the next day and another secretary got on the phone and whispered to her"it is set up that if I did not pay in a week or two they would put out a bench warrant" she was nice about it.My spouse forgot to ask a question about when my license would get suspended.We know she was whispering because she did not want the other clerk to hear her helping us so we will get into trouble. So she called back and the rude clerk then got on the phone after taking the phone from the nice clerk, and said"I TOLD YOU HE HAD TILL 5:00 YESTERDAY TO PAY!" and hung up, this is not what she had told her but, the fact that this clerk has the power to make someone pay a fine in less than 2 hours is crazy and should be illegal. She did not inform us of the time period to pay so she could revoke my license and try to get a bench warrant.How does a clerk get this much power? And come to find out that she also suspended my license in a week from the 17th till the 24th I have already received a letter stating my license is revoked. How could a judge let this kind of thing happen. She has personal reasons to not like me, but does she have the right to do this to me? In less than 2 hours I had to come up with $647.00(in which I get $627.00 for the whole month to live on and because I could not she suspended my license)) and pay in a week for a SR-22 form for my insurance and pay $100.00 for reinstatement fees. The clerk knew it would be impossible to pay $647.00 in 1one hour and 15 min. that's not even enough time to get there. These people need taken out of office, or fired, or what ever they do.I have never met the woman, but to do this to someone she has got to be full of hatred and is a threat to the community. She hangs up on us when we need information and then punishes us because we do not know. She lies and will not let us talk directly to the judge.I would be afraid to give her any type of motion of discovery or money for fear she would sabotage the procedure to get me into trouble. She could get your license revoked or make anyone pay fines that makes her upset or she doesn't like.This is scary.It seems that their could of been something more done to retry me for the offence or at least hear my side of what happened.They can now put out a bench warrant for my arrest. Which I know if she had her way I would be in jail.

Second issue happened on 5-7-07 with the same lady from Judge Cagles Court.My spouse called to talk to a secretary that has been helping us and her name is Rebecca in which we know that it is not her that is being rude and or striping me of my Civil Rights by not allowing me to appear in court, among other things.The rude one answered the phone on the first occasion she said" You know you have to file a motion of appeal with the clerks office down town". Real Nasty, and my spouse said "No Mam, I did not. Where's that at? and she said" IN THE COURT HOUSE DOWNTOWN" loud and nasty and hung the phone up.This was a LIE. It was not something I needed to do at
 
Calling people involved in court is always a risk. They lie, destroy evidence, etc...

You should send letters noting changes certified (return reciept)

If a clerk of court fails to perform their duties, you file an extordinary writ with a higher court to staigten them out.

You would give "Notice of Appeal" to the court you were appealing from, these are usually just a simple paragraph on one page. This usually must be done within 30 days of the order.

Although you may have a Civil Rights action( I haven't given that much thought), you have a Constitutional arguement.

Article 1 of the S.C. Constitution, Declaration of Rights tell's you this:

SECTION 3. Privileges and immunities; due process; equal protection of laws.

The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.




SECTION 9. Courts; speedy remedy.

All courts shall be public, and every person shall have speedy remedy therein for wrongs sustained.


Does this help?
 
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