I was waiting in a cell at the court after I had already seen the judge and he had refused to release me on personal recognizance. My bail was set at $500. Later a security guard walks around and goes cell by cell asking people for a name and number so he could make the call for bail for you. I was never taken out f the cell so I could talk on the phone. He was the one who made the call supposedly. I think the person being held should be allowed to talk on the phone instead of some guard because what if he never made the call and pretended he did? My friend said she never received such call and as a result no one knew I was there until I was sent to the jail and was able to call from there. If they would have let me make the call or at least dialed the number in front of me and then put the phone to my ear I could have posted bail right there at the court. Was it unconstitutional or a civil rights violation? I think it was and I am going to sue.
2007-04-10 08:01:00 · 14 answers · asked by AL IS ON VACATION AND HAS NO PIC 5 in Politics & Government ➔ Law & Ethics
Please read the 8th amendment to the US Constitution before you ask what is constitutional. It protects you against excessive bail - $500. doesn't seem excessive. There is nothing about phone calls in the Constitution.
You should worry more about violating other people's rights and less about protecting your own!
2007-04-10 10:52:21 · answer #1 · answered by Scotty 4 · 0⤊ 0⤋
Sue for what? your rights weren't violated. And you have no proof that the gaurd never made the call. Just because your friend said they never recieved the call, doesn't mean that a call wasn't made.
On a separate note, what makes you think a judge or jury os going to take you on your word that your rights were violated. You might want tore-think that lawsuit idea.
2007-04-10 15:20:34 · answer #2 · answered by evil_paul 4 · 0⤊ 0⤋
Here's what probably happened. You gave the number to the court officer. He made the call and no one answered the phone. He's done his job. It'll be up to you to prove he didn't make the call. So retain a real expensive lawyer and sue. When you lose, and you will, then you can sue the attorney for bad representation....and on and on.
The preponderance of the evidence has to favor you in order for you to win. It doesn't appear to me that you can meet that standard, but good luck. A better idea is don't get arrested, but that's just my opinion.
2007-04-10 15:15:30 · answer #3 · answered by chuck_junior 7 · 0⤊ 1⤋
The cell at the court was temporary holding cell you cant get a phone call until you go to an actual Jail
2007-04-10 15:06:45 · answer #4 · answered by Calvin T 2 · 2⤊ 0⤋
There's nothing in my copy of the Constitution about phone calls. Perhaps you could make a case that, in our modern society, being deprived of telephone access is "cruel and unusual", but other than that, I don't see a requirement that they provide you a phone call.
You know where that came from, by the way? Small police stations would do that in hopes the accused would call someone that would come and get them and reduce the overcrowding in their one cell. The phrase "you get one phone call" made its way to television, and now everyone thinks its a Constitutional Right.
2007-04-10 15:28:06 · answer #5 · answered by open4one 7 · 0⤊ 1⤋
No..you have no constitutional right to a certain time to call...and even then there is no right to a phone call that is just something that every jurisdiction does but there has never been an established constitutional right to it....maybe you can be the first.
2007-04-10 19:19:07 · answer #6 · answered by Dr. Luv 5 · 0⤊ 0⤋
You cant prove it, its your word " prisoner" against theirs " the officer". Sorry, but thank your lucky stars your bail was 500, and that your out. Your case is probably not even that big a deal, what a misdemeanor? Anyway just say your goodbye's and move on, you don't need the headache.
2007-04-10 15:28:40 · answer #7 · answered by beygrl 4 · 0⤊ 1⤋
Regardless of what you might see on the TV, you are not necessarily entitled to one phone call. You are entitled to have legal representation during any questioning. You are entitled to your day in court.
You have no leg to stand on if you sue.
2007-04-10 15:11:08 · answer #8 · answered by JOhn M 5 · 1⤊ 0⤋
No, it is not unconstitutional, nor is it illegal. You overestimate your rights. Bail is not a right, it is a priviledge. It sounds like you were not represented by counsel, and it is normally their job to arrange for bail.
2007-04-10 15:13:18 · answer #9 · answered by porschefraulein 3 · 0⤊ 2⤋
Remember that when you sue, you are fighting for your constitutional rights under the We the Attorneys, By the Attorneys, For the attorneys and there are no rights or freedoms under that constitution.
2007-04-10 15:07:38 · answer #10 · answered by g_menagerie 3 · 0⤊ 2⤋