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Just Venting

Thursday, September 20, 2007
I am having quite the day. The judge threw a lady in jail yesterday because she failed to pay off the restitution when she got into an accident back in 2001. She was only charged with Driving on a Suspended License and Attaching an Improper Tag. The victims of the accident somehow managed to get the Judge to order restitution, which is illegal for two reasons.

1. You can order restitution on a suspended license charge unless a causal nexus exists between the charge and restitution.

2. A court cannot fail to order restitution at sentencing and then remedy the situation by ordering restition when more than sixty days has passed since sentencing.

3. If the court does order restitution (illegally as it did here), restitution payments may not be ordered past the period of supervision (also done illegally here).

Now, this woman who is the sole supporter of her disabled hisband in is jail. She has lost the fourth job she has had in the last six years becuase the court keeps throwing her in jail for failing to pay restitution. Interestingly enough, we abolished debtors prison as to not end up throwing poor prople in jail because they chose to eat instead of pay restitution.

Well, how is the lady supposed to get her money? Civil court. Today, you can sue for anything! Whether you get paid is a different story and is the legal system upon which we have decided to model our society. If you recall, I had to sue some roommates of my when I was still at UVA - I still have not been paid! Yeah, I won the suit, but blood from a stone you will never get!

Damn I need a drink. back to motion writing. Sorry about the venting.


  1. Mrs. B said...

    Justice is blind.

    And in many cases, deaf and dumb as well.

    6:24 PM  

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