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    Andriean's Avatar
    Andriean Posts: 50, Reputation: 1
    Junior Member
     
    #1

    Mar 22, 2011, 06:23 PM
    DV Assessment Fee and Fine
    Long story short. Was accused of assault four in 2007. Plead not guilty, charge later dropped. NC-order imposed against me, but violated it by calling girlfriend to get shoes.to Plead guilty to violation of NC-order because I felt I was over my head and didn't think I could get a fair trial. GF sent me emails during this time and went to visit me at prison when they booked me for violation of NC-order. They did everything to protect her rights but not mine. I had to tell the guard the NC-order was in place and he took me back to my cell. Well, at least one person was doing their job.

    Nearly four years later and I've been paying off probation but now it's on to the DV assessment fee and fine. I want to know if I can appeal these fines even though I had plead guilty. I sent a letter to the judge requesting that the fees be waived. About a week later, I got some computer generated response (not even a letter) from the commissioner stating that the request was denied. I got the bottom line but they didn't even have the courtesy of acknowledging the receipt of my letter or the decency of a formal reply. So did the judge even get my letter? Why did the commissioner respond to it? Does she just pass it off to him or does he handle those things?

    TBH, I am tired of paying for things that I am not responsible for and the hypocrisy of the law. I'm not satisfied with the answer, and I want to fight this. I don't believe I should have to pay a DV assessment fee since the assault charge was dropped and another fine for the nc-order. Even though I may have violated it, it is still related to something I am innocent of.

    What are my options at this point? Can I appeal the fines? I don't think I'm going to get anywhere by sending another letter, so who is the next person in the chain of command over the judge and the commish?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 22, 2011, 07:23 PM

    When you plead guilty you give up rights to appeal, and when sentenced and told fines or costs, you had a time frame to appeal them at that point.

    You can of course hire an attorney and try to fight it, but slim to none is about the chance at this point.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Mar 23, 2011, 07:03 AM
    Quote Originally Posted by Andriean View Post
    I got the bottom line but they didn't even have the courtesy of acknowledging the receipt of my letter or the decency of a formal reply.

    TBH, I am tired of paying for things that I am not responsible for and the hypocracy of the law. I'm not satisfied with the answer, and I want to fight this.

    What are my options at this point? Can I appeal the fines? I don't think I'm going to get anywhere by sending another letter, so who is the next person in the chain of command over the judge and the commish?
    Hello A:

    Yeah, they suck!

    Here's my opinion... Any time you make a request (motion), and it's denied, you absolutely can appeal. I don't think a letter to the appeals court will suffice for a formal notice of appeal. But, maybe. The court IS supposed to give the same consideration to a non attorney as they do attorney's... The ones that don't SUCK will.

    excon
    Andriean's Avatar
    Andriean Posts: 50, Reputation: 1
    Junior Member
     
    #4

    Mar 23, 2011, 10:06 AM
    Comment on excon's post
    Thanks for your input guys I appreciate it. I am going to call the court, however, and find out if my letter even went to the judge and take it from there.

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