tag:blogger.com,1999:blog-9299655.post7170177259924365186..comments2024-03-29T00:30:47.101-04:00Comments on Lehigh Valley Ramblings: Angry Magistrate Imposes Court Costs on Man Who Beat Parking Ticket Bernie O'Harehttp://www.blogger.com/profile/13756311150988957401noreply@blogger.comBlogger44125tag:blogger.com,1999:blog-9299655.post-58749769613456889822021-02-13T11:22:38.997-05:002021-02-13T11:22:38.997-05:00And yet, this judge is still finding defendants in...And yet, this judge is still finding defendants in parking cases, not guilty, actually dismissing the ticket in lieu of the "late" fees, usually or now at $40.00, paid to the parking authority......So my question would be, is a dismissal of discharge the same as a not guilty? And if so, if this judge was admonished by the president judge, how can he still continue to do this???? And if told to stop, then who is responsible for the repayment of the "late" fees collected on dismissal, the judge's court, or the parking authority??? Seems like this judge does whatever he wants and nothing happens to him..Why? How??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-38036146750540758442018-08-13T11:38:23.734-04:002018-08-13T11:38:23.734-04:00"if a warrant was issued due to non response ...<em>"if a warrant was issued due to non response within the time period and the constable did his job he needs to be paid as well."</em><br /><br />No one disputes that the constable needs to be paid if a warrant was issued. But when a Defendant is acquitted, the source of that payment is the county, not the innocent defendant. There is no basis in the law, the MDJ rules or the constitution, for imposing this payment on a defendant. The MDJ has no authority to compel the defendant to pay anything, absent a separate finding of contempt. This is totally wrong. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-12933811386953824672018-08-13T04:58:54.329-04:002018-08-13T04:58:54.329-04:00Bernie - I agree if that if the defendant is found...Bernie - I agree if that if the defendant is found not guilty or the charge is dismissed there should be zero fees to them. BUT...if a warrant was issued due to non response within the time period and the constable did his job he needs to be paid as well. I'm sure you will look into this and come back with an answer or their resolution to this. My comments weren't made to be disrespectful to anyone I just wanted you to be aware that the online docket transcript absolutely shows server fees of $27.50 (warrant costs) and those fees for that docket were approved by the MDJ and submitted to the county for payment despite what you may have seen in the file.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-61085949429356098702018-08-12T23:11:47.418-04:002018-08-12T23:11:47.418-04:00That's the whole point of this story. A consta...That's the whole point of this story. A constable was paid,and by an exonerated Defendant. That is totally improper. I have no problem with paying a constable, but the county has to bear the cost of it when a Defendant is found not guilty or the charge is "dismissed." That's what the due process clause means. Tell me, what is the statutory basis for imposing costs on a Defendant who is found not guilty? There is none. Where does it say in the MDJ rules that a magistrate can tax an exonerated Defendant with costs? It says that nowhere. This was done without any basis in the law, the rules, or the constitution. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-90603800639451535822018-08-12T19:47:19.905-04:002018-08-12T19:47:19.905-04:00"Since the docket fails to show a warrant was...<br />"Since the docket fails to show a warrant was issued, I'd insist on seeing it before paying a dime. You have a nice little racket going and are charging constable fees on innocent defendants for constables who do nothing. Steve Barron will not like hearing this at all."<br /><br />I don't have any racket going on LOL I'm explaining to you how things work...The court is the one and the MDJ signed the server fee sheet that the constable must submit to the county to be paid. There can't be a server fee if a warrant wasn't issued, period, the AOPC computers will not allow it..now if that wasn't included in the documents when you reviewed them or sat outside on a desk IDK but server fees were assessed and referred to the county for payment and a Judge approved and signed a constable's pay sheet. If a warrant get's issued and the constable does his job he is still entitled to be paid it doesn't matter if the defendant wins or the case is dismissed he get's paid for doing a job. I suggest you contact Manwaring's court tomorrow either on the phone and in person and inquire about the warrant costs and who got paid the $27.50 because the docket transcript clearly shows a constable getting paid. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-84589643232523706412018-08-12T16:48:13.516-04:002018-08-12T16:48:13.516-04:00"You are correct if the person is found not g...<em>"You are correct if the person is found not guilty they are to pay zero fees, in this case it was dismissed they weren't found not guilty."</em><br /><br />To me that makes things worse."Not Guilty" means the Commw failed in its burden."Dismissed" means that the case was tossed by the MDJ as one that should never have been filed. If that is so, then there is no basis for imposing costs. This is the kind of nonsensical thinking I would expect from a lawyer who lacks common sense. You think that by saying you dismissed the case, that means you can impose costs. Wrong. Dismissing the case means that you recognize it should never have been filed. This practice needs to stop immediately. How many innocent Defendants are being penalized when the underlying charges against them have no worth? The more I think about this the more outraged I am by what is happening. <br /><br /><em>"the constable billed the county his constable fee and submitted it to fiscal and your buddy Baron for payment."</em><br /><br />Since the docket fails to show a warrant was issued, I'd insist on seeing it before paying a dime. You have a nice little racket going and are charging constable fees on innocent defendants for constables who do nothing. Steve Barron will not like hearing this at all. <br /><br />Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-46890346241839360622018-08-12T16:35:08.781-04:002018-08-12T16:35:08.781-04:00"There cannot be a server fee added to the sy...<em>"There cannot be a server fee added to the system if there was not a warrant. Can't happen."</em><br /><br />Let's assume you are correct. If the Defendant is exonerated, the commw should eat the costs. Imposing costs upon an innocent Defendant violates his constitutional rights. Martinet Manwaring II apparently thinks he can thumb his nose at the due process clause. Now i can see some instances where there is a contempt or something of that nature, justifying costs. But we did not have that here. In fact, if this is going on routinely, a class action suit should be filed.Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-82503118869888681442018-08-12T15:14:56.581-04:002018-08-12T15:14:56.581-04:00If for some reason a server fee was charged and th...If for some reason a server fee was charged and the system allowed it and there was no warrant then the court should refund the monies and the court administrator should be made aware. The server fee was referred to county which means the constable billed the county his constable fee and submitted it to fiscal and your buddy Baron for payment. You are correct if the person is found not guilty they are to pay zero fees, in this case it was dismissed they weren't found not guilty.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-84847531683148315592018-08-12T15:09:52.073-04:002018-08-12T15:09:52.073-04:00There cannot be a server fee added to the system i...There cannot be a server fee added to the system if there was not a warrant. Can't happen.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-21724053737473644112018-08-12T09:49:31.513-04:002018-08-12T09:49:31.513-04:00"Bernie - The public case docket won't sh...<em>"Bernie - The public case docket won't show it, scroll down for the fees and costs... there is CLEARLY....SERVER FEES ATTACHED TO THIS CASE OF $27.50 Those are for CONSTABLE FEES,......Warrant = $25.00 Return of Service $2.50....if you do not believe me go to the court and pull the case file and see for yourself...I would then expect you to come back on here and apologize that you were wrong. Thank you"</em><br /><br /><br />I saw that. I looked at the docket BEFORE I wrote this story. The Wodmansees were charged a "server fee" even though the docket fails to indicate a warrant was issued. How long do you think I have looked at minor courts. When a warrant is issued, I ALWAYS see it. The reason it does not appear here is because there never was a warrant and you are just taking care of a constable buddy. Also I've got news for you. You may not impose a warrant fee on someone if he is not guilty of the underlying charge. You violated due process. I could see a fee for contempt if someone disobeys the court, but you did not charge contempt, did you? And to think you are one of the biggest gossips about other MDJs. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-104642797785301242018-08-12T09:14:10.288-04:002018-08-12T09:14:10.288-04:00FYI, Hellertown does give parking tickets even tho...FYI, Hellertown does give parking tickets even though there are no meters. I got one once and had a warrant issued for not responding in time. I appeared for the hearing and explained to then Judge Tidd that I was working third shift and was sleeping when I should have moved my car. Tidd took pity on me saying that he was glad he didn't have to work nights regularly. He threw out the ticket, but I was stopped on my way out by a secretary saying that I had to pay for the warrant. Tidd overheard and instructed the woman to let me go, the case was dismissed. The secretary began to argue with him in front of everybody saying that's not how the old judge did it, or something like that. Tidd said he didn't care what the guy before him did, that when a defendant is found not guilty there is no cost to a defendant. I remember this because Tidd actually sent me a letter apologizing for the confusion and he included a copy of a case that explained how he was right. Manwaring should should take a lesson from the man I hear he is always talking trash about.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-91081018157827089972018-08-12T09:04:28.231-04:002018-08-12T09:04:28.231-04:00Bernie - The public case docket won't show it,...Bernie - The public case docket won't show it, scroll down for the fees and costs... there is CLEARLY....SERVER FEES ATTACHED TO THIS CASE OF $27.50 Those are for CONSTABLE FEES,......Warrant = $25.00 Return of Service $2.50....if you do not believe me go to the court and pull the case file and see for yourself...I would then expect you to come back on here and apologize that you were wrong. Thank youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-79016983348956849752018-08-11T20:10:13.602-04:002018-08-11T20:10:13.602-04:00How many times do I have to tell you that the dock...How many times do I have to tell you that the docket sheet shows quite clearly that there NEVER WAS A WARRANT. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-65784334968076770132018-08-11T18:27:13.702-04:002018-08-11T18:27:13.702-04:00I'm not defending Manwaring, I've heard mo...I'm not defending Manwaring, I've heard more then a few things and none of it good...he (Defendant) is wrong however if they failed to respond to a citation in time after being notified of such and a warrant issued, the constable deserves to be paid and that payment shouldn't come from the taxpayers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-64690834697704650962018-08-11T18:23:39.905-04:002018-08-11T18:23:39.905-04:00Bernie - It does...it state's Server fees.......Bernie - It does...it state's Server fees....$27.50Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-30090486218566690112018-08-11T18:21:18.180-04:002018-08-11T18:21:18.180-04:00The docket fails to reflect that a warrant was iss...The docket fails to reflect that a warrant was issued. If one was, so what? Innocent people should never be compelled to pay the costs of a warrant that does not even appear on the docket. Also, there is absolutely no statutory authority for this Marinet Manwaring II was being a pig for his constable, and needs to stick his hand in his own pocket and reimburse the Woodmansees. An apology is appropriate, too. <br /><br />This is the same MDJ who gossips behind the backs of other MDJs, but apparently thinks he can do what he wants. If this is not resolved quickly, I can guarantee that I myself will start doing research to see who many Woodmansees have been screwed.<br />Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-64861254163683989392018-08-11T17:55:27.209-04:002018-08-11T17:55:27.209-04:00The majority of the fees is Constable costs. That ...The majority of the fees is Constable costs. That is because he let it get to an arrest warrant. Those fees need to be paid for their delay in responding to the court and resolving things.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-9312140800116171252018-08-10T20:36:58.817-04:002018-08-10T20:36:58.817-04:00I love Hellertown, no fuckin parking meters...I love Hellertown, no fuckin parking meters...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-31021700779814079842018-08-10T17:10:14.256-04:002018-08-10T17:10:14.256-04:00I feel like many people, although entitled to thei...I feel like many people, although entitled to their opinions, are missing the point of this. In court, they were found NOT GUILTY and were ordered to pay court costs. That is the issue. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-67133129970343101872018-08-10T14:50:28.020-04:002018-08-10T14:50:28.020-04:00You must not have read the article. The meter had ...You must not have read the article. The meter had a glitch, and they didn’t break a law. And the prison was not fake news. But nice try. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-80317747890942629502018-08-10T13:42:16.789-04:002018-08-10T13:42:16.789-04:00They pushed the fake news about the prison and tha...They pushed the fake news about the prison and that is why O'Hare is excusing their breaking the law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-12554217261545668482018-08-10T13:39:58.895-04:002018-08-10T13:39:58.895-04:00Why are people not understanding that the meter wa...Why are people not understanding that the meter was fed! The meter had a glitch and did not take the CC. Enough with making these people look like they are entitled. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-34098929367973781512018-08-10T13:37:16.149-04:002018-08-10T13:37:16.149-04:00Why does everything have to be about "big gre...Why does everything have to be about "big greedy government"? If you park legally and feed the meter, you will not be ticketed. If you don't want to come to the city and follow the rules, stay home in the sticks and watch the grass grow. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-41439406926735100912018-08-10T13:01:12.792-04:002018-08-10T13:01:12.792-04:00* $1million .... not 41* $1million .... not 41Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-21153627298100448202018-08-10T13:00:27.149-04:002018-08-10T13:00:27.149-04:00Glad to see someone get justice from the bureaucra...Glad to see someone get justice from the bureaucratic leviathan. Anyone visiting Bethlehem or Easton should expect to be worked over by their voracious parking monsters. Easton grabs over a 41 million per year to cover irresponsible spending while being legally unable to raise taxes any higher. We all know the rules. That's why avoid those two town like the plague. Everything they offer can be had outside their cities, with plentiful free parking and none of that annoying getting mugged or shot stuff.Anonymousnoreply@blogger.com