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View Full Version : What happens if you're convicted under an unconstitutional law?


user_name
06-27-2010, 12:40 PM
Given that McDonald will likely go our way and a whole bunch of CA laws will be ruled unconstitutional (after some lawsuits). What happens to people that were found guilty of breaking one of these laws? Do they have to apply to get their record cleaned? What if they're serving time, do they get released?

(not applicable to me, just asking out of idle curiosity).

Barabas
06-27-2010, 12:42 PM
They could sue for relief.

Hunt
06-27-2010, 2:51 PM
They could sue for relief.

what, pay to purchase Liberty and justice

DVSmith
06-27-2010, 2:54 PM
what, pay to purchase Liberty and justice

You know the quote: "Freedom isn't free."

Hunt
06-27-2010, 2:57 PM
You know the quote: "Freedom isn't free."

yeah but I didn't realize you purchased it from the BAR

Barabas
06-27-2010, 3:16 PM
What other recourse then? I'm unaware of an avenue (because IANAL, I'm sure) that just releases inmates from prison because of a law change. The conviction has to be overturned...

I hear the guys who got popped for possession of pot crowing about how when the law gets changed (which I'm sure it eventually will) that all their legal problems will magically disappear. Fat chance of that happening. How many MMJ card holders had convictions overturned?

Hunt
06-27-2010, 3:22 PM
What other recourse then? I'm unaware of an avenue (because IANAL, I'm sure) that just releases inmates from prison because of a law change. The conviction has to be overturned...

I hear the guys who got popped for possession of pot crowing about how when the law gets changed (which I'm sure it eventually will) that all their legal problems will magically disappear. Fat chance of that happening. How many MMJ card holders had convictions overturned?The way things are structured now there is no other way. Sure would be nice if they set up a system as efficient as creating fines and collections but instead dealt with these other justice issues. Some kind of system to promote and protect the liberties of the citizen. Some procedures that placed the liberty and justice for the citizen instead of sending money up the food chain.

Barabas
06-27-2010, 3:26 PM
Money is a side issue. Who says you can't represent yourself?

If we're going to talk about equal access to the courts and money being a bar to justice, then lets use our tax dollars to eliminate court costs. No fees for any filing, documents, stamps, notary, etc.

command_liner
06-27-2010, 3:29 PM
This year will be a very serious one for testing constitutionality of laws.
The California Legislature has been acting on many non-budgetary matters
since late March of 2010. This is specifically, directly and unambiguously
prohibited by the California Constitution.

Can anything they have acted upon in the prohibited period ever be
considered law? Not by any sane person.

It would be very good to get a note from the AG stating the obvious.

Hunt
06-27-2010, 3:29 PM
Money is a side issue. Who says you can't represent yourself?

If we're going to talk about equal access to the courts and money being a bar to justice, then lets use our tax dollars to eliminate court costs. No fees for any filing, documents, stamps, notary, etc.

good ideas personally I plan to begin studying Juris Dictionary and Adventures in Legal Land to represent myself on minor issues.

jl123
06-27-2010, 3:43 PM
"Freedom isn't free."

Freedom costs a buck-oh-five.

SJgunguy24
06-27-2010, 3:45 PM
I would think you'd have to ask for the conviction to be overturned. If the law is on the books at the time of conviction then your SOL.

Barabas
06-27-2010, 3:50 PM
If things progress the way I hope to see them, the burden of jury trials for civil cases will be so great that the law will have to be rewritten from top to bottom and the enforcement of them will have remuneration taken from the equation.

In the meantime, education, as always, is the key. I'm surprised more residents of our prisons don't avail themselves of the education the prison law libraries can provide.

I plan to begin studying Juris Dictionary and Adventures in Legal Land to represent myself on minor issues.

CSDGuy
06-27-2010, 4:14 PM
I would think you'd have to ask for the conviction to be overturned. If the law is on the books at the time of conviction then your SOL.
From what I understand, if the law is unconstitutional now, it was unconstitutional then. Therefore, you sue for relief. Now if a law you were convicted under was later repealed, you're still SOL in that instance.

Hunt
06-27-2010, 5:02 PM
From what I understand, if the law is unconstitutional now, it was unconstitutional then. Therefore, you sue for relief. Now if a law you were convicted under was later repealed, you're still SOL in that instance.
If they can stop my wife from getting her CA drivers license because AZ forgot to document paying a $10.00 fix it ticket 20 years ago they should be able to make a blanket relief action. They will spend millions on creating reasons for fines and collections systems yet abandon the justice side.

Hunt
06-27-2010, 5:08 PM
If things progress the way I hope to see them, the burden of jury trials for civil cases will be so great that the law will have to be rewritten from top to bottom and the enforcement of them will have remuneration taken from the equat... I hope not, the jury is our hope, I hope to see the burden of "dip in the citizens wallet" cases be challenged that they realize it just isn't worth it anymore to be shaking down the public. I challenge every ticket and I have won all, except for one, I was ill, I would have won it. The Free Staters in Keene NH have almost accomplished this, hundreds of people are pleading not guilty and crashing the courts.