My question involves court procedures for the state of: North Carolina
I got a speeding ticket in March 25th of this year. On the ticket was my court date: May 4th, 2016.
I had go into work late, since the window of time of the court date was from 7:45 AM - 3:30 PM, which covers my work hours. Thus, I had to lose money for the privilege of going to court.
When I showed up to court, and I was speaking with the district attorney, I asked to see the evidence against me (discovery), since I was not sure if I was speeding or not. However, the DA said that there was no discovery in an administrative court. When I was finally in front of the judge, I asked for my case to be dismissed, since the officer didn't show up. He said something to the effect that it was pretrial, and that the officer didn't need to be here, and that I would have to go into court another day if I wanted to contest my case, which means losing more income. (In other words, I had to be there [or else face possible punishment], whereas the accusing officer didn't have to. So, the officer was either enjoying his day off or working to pay his bills.) Now, had I seen the evidence against me in the pretrial proceedings, and I determined it was overwhelmingly for or against my case, I would have more easily been able to determine my plea.
What boggles my mind about this is how on earth this not (1) a direct violation of my 6th Amendment's constitutional right to a speedy trial and (2) a violation of my right to disclosure from the DA. I'm considering filing a lawsuit against my state for redress.
I have two questions:
(1) What do you think about this possible case?
(2) How would I go about setting up a federal lawsuit against my state?
I got a speeding ticket in March 25th of this year. On the ticket was my court date: May 4th, 2016.
I had go into work late, since the window of time of the court date was from 7:45 AM - 3:30 PM, which covers my work hours. Thus, I had to lose money for the privilege of going to court.
When I showed up to court, and I was speaking with the district attorney, I asked to see the evidence against me (discovery), since I was not sure if I was speeding or not. However, the DA said that there was no discovery in an administrative court. When I was finally in front of the judge, I asked for my case to be dismissed, since the officer didn't show up. He said something to the effect that it was pretrial, and that the officer didn't need to be here, and that I would have to go into court another day if I wanted to contest my case, which means losing more income. (In other words, I had to be there [or else face possible punishment], whereas the accusing officer didn't have to. So, the officer was either enjoying his day off or working to pay his bills.) Now, had I seen the evidence against me in the pretrial proceedings, and I determined it was overwhelmingly for or against my case, I would have more easily been able to determine my plea.
What boggles my mind about this is how on earth this not (1) a direct violation of my 6th Amendment's constitutional right to a speedy trial and (2) a violation of my right to disclosure from the DA. I'm considering filing a lawsuit against my state for redress.
I have two questions:
(1) What do you think about this possible case?
(2) How would I go about setting up a federal lawsuit against my state?
Filing a Complaint: Speedy Trial and Discovery
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