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Is this unconstitutional? |
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. 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. The cell at the court was temporary holding cell you cant get a phone call until you go to an actual Jail 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. I think you committed a crime and now you get to do the time. Quit whining and try obeying the law next time and you won't need to make bail calls. Go straight to the source, don't get arrested. i would go to the guards house and teach him a lesson in respect. 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. 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. 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. 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. 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 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. 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. Well AL if you hadn't been doing something to get arrested for in the first place, your question would be a mute point. |
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