Thread: Any American Lawyers on here ? Or knowledge of USA Law ??

Quite a simple question I guess, I was prosecuted for a code infringement to my property.

However, due to circumstances, I never knew of the prosecution until a week after it happened.

I was basically fined - and taught a lesson, for not turning up or communicating at all.

However, as I knew nothing at all, does the Court have to order a retrial, or squash the case.

The prosecution does now agree that the case happened totally without my knowledge.

Thanks for any accurate replies.

Hensen:

First, accurate replies would require a ton more information.
Second, I don’t really understand just what you are asking.

Property codes are local issues. Code violations are handled on a local level – so was your fine payable to the municipality?
Are you asking how you would go about appealing the judgement against you? Gotta ask a local lawyer for an accurate reply to that procedure.

However, all that set aside, any code violation has to be remedied, the municipality code officer could revoke the CO or judge the property uninhabitable. Is it a residence?

But, really, only a local attorney will know the ins and outs.

Send this guy an email and he might do a youtube on your question.

He popped up on my random youtube suggestions and his videos on legal issues in the USA are strangely watchable.

I thought the question was simple, however, to make it even easier...

If a USA court case goes ahead without the prosecuted even knowing it exists, do they have to order a retrial ??

Originally Posted by Hensen

If a USA court case goes ahead without the prosecuted even knowing it exists, do they have to order a retrial ??

Probably depends on the circumstances.

I had $500 disappear from my private account in 2011.

It turned out the government had taken the money to cover an unpaid traffic infringement in 2006. (yes the gov can take money out of private bank accounts without consent or discussion)

I provided evidence that I had changed address and notified them of the change but they had sent the correspondence to my old address.

So I got the money back.

If your lack of knowledge was their fault then maybe you can wriggle out of it.

This is all in Australia but western systems are often similar.

OP: How much did it cost you?

is it a HOA fine via the management of a gated community

maybe try http://np.reddit.com/r/legaladvice/

The price and situation does not matter, there is only one question with a yes or no answer.................

If a USA court case goes ahead without the prosecuted even knowing it exists, do they have to order a retrial ??

Originally Posted by Hensen

However, due to circumstances, I never knew of the prosecution until a week after it happened.

The answer is probably in the 'circumstances'.

If the authorities did everything reasonable to inform you of proceedings then probably no.

If the authorities were remiss in their process of informing you then you might have a chance of some kind of recourse.

Originally Posted by Hensen

The prosecution does now agree that the case happened totally without my knowledge.

If the prosecution has not returned your fine then the answer is NO. You will have to initiate action to recover the fine. Then, deal with the code violation.

Originally Posted by Norton

You will have to initiate action to recover the fine. Then, deal with the code violation.

I would do it the other way around; Remedy the fault first. There's no getting away from it.
I would also look into what the normal procedure is for the particular violation. Quite often, local authority code violations are given a warning and an ultimatum to remedy first. If this was not done, the OP may have an argument. If it was done, the OP should take his medicine.
The OP wants a yes or no for the answer to whether or not an in absentia ruling can be quashed on the grounds that the defendant was not aware that proceedings were to occur. There's too many variables to say. I'd guess "NO", not on the grounds that he was unaware. The only grounds would be if he contests the actual violation.
This is local authority building codes. There's no getting off because the cop didn't tell you your Miranda rights.

Originally Posted by Hensen

If a USA court case goes ahead without the prosecuted even knowing it exists, do they have to order a retrial ??

No.

Having no knowledge of the trial may be grounds for requesting a new trial or appealing the decision of the court.

https://en.m.wikipedia.org/wiki/Trial_in_absentia