My son received a citation so I went into the Local Magistrate office to ask a few question. I asked how much he needed to pay and if I was allowed to bring in the citation the next day with my sons signature Well the lady took the citation which my son never signed and handed my a suspension paper stating my sons license was suspended as of that time.My son never signed the citation pleading either way not guilty or guilty.
The suspension shouldn't go into affect until he pleads and he didn't even have the paper 2 days which I know he had 10 days to plead.We see a lawyer but I think his due process was violated.Do you think he could get off since his constitutional rights were violated by law.
The constitution Fourth Amendment and The Fourteenths amendment.What do you think?
2007-08-27 14:24:14 · 5 answers · asked by wanda k 1 in Politics & Government ➔ Law & Ethics
In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty. The latter interpretation is analogous to the concepts of natural justice and procedural justice used in various other jurisdictions.
Fifth Amendment to the United States Constitution says:
“ No person shall be ... deprived of life, liberty, or property, without due process of law .... ”
The Fourteenth Amendment to the United States Constitution says:
“ No State shall ... deprive any person of life, liberty, or property, without due process of law ....
2007-08-27 14:42:29 · answer #1 · answered by wkemrer 3 · 1⤊ 1⤋
What does the lawyer say? I'd take his word over any of the ones you can get on Yahoo! Answers (no offense, fellow Y!A users, but really.) - you may not like what the attorney has to say but if your son broke the law then he needs to pay the consequences, because his mommy and daddy won't always be around to fix his problems for him.
2007-08-27 14:32:24 · answer #2 · answered by Elizabeth 7 · 0⤊ 0⤋
He's lucky he didn't get arrested for not signing and in alot of jurisdictions you can loose your license for not signing until the court date. must have been a minor infraction or they would have arrested him. and also he has not been deprived of life, liberty, or property. ride the bus, subway or hope you have good friends.
2007-08-27 14:36:41 · answer #3 · answered by Ronko 4 · 1⤊ 0⤋
If the law was not followed, then he probably will.
2007-08-27 14:30:50 · answer #4 · answered by Beau R 7 · 1⤊ 0⤋
You do the crime,
You do the time.
2007-08-27 14:30:13 · answer #5 · answered by bgee2001ca 7 · 1⤊ 1⤋