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Andre' Gabriel Esparza

A Pro Liberty, Pro Freedom, Human Rights Activist, very involved in a wide variety of Activism and Exposing the Truth at all costs.

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5 Comments

  1. 2

    Janice Dickson

    I had my warrants recalled after I researched and found the 1971 U.S. Supreme court case that forbade the jailing of poor defendants over unpaid traffic fines. The courts aren’t telling people about their rights. Neither are the attorneys. They are seeking to profit only. It’s up to people to research.

  2. 1

    Janice Dickson

    I had several warrants for my arrest out of various Dallas courts over unpaid traffic fines. I did not call an attorney. I had them ALL removed.

    How? This is what what the courts and lawyers KNOW but refuse to tell people. They both are driven by money. In 1971, in a case called Tate Vs. Ortiz, the U.S. Supreme Court ruled that once a court is notified that a defendant is poor (unable to pay the fines) they MUST immediately schedule an indigency hearing to inquire about a person’s financial status. ANY ARRESTS UP UNTIL THAT POINT WOULD CONSTITUTE A VIOLATION OF THE PERSON’S 14the Amendment (which is equal protection of the law).

    How? Because the U.S. Supreme Court, in a case out of Texas no less, found that to imprison people to poor to pay the tickets would subject them to a different legal system than those who could pay the tickets. This was ruled unconstitutional.

    So even if warrants have been filed, once a court is notified that a person is unable to pay the fines, the warrants MUST BE RECALLED.

    After I found this out, I sent a CERTIFIED LETTER to the courts in question and to my disbelief warrants that were years old were recalled and I was sent letters showing I had been scheduled for a hearing. I wasn’t working at the time. I was put on community service and one court forgave the fines.

    The lawyers and the courts won’t tell people this. this is how lawyers get warrants removed ALL THE TIME. I had no lawyer. I had my own warrants REMOVED.

    They train the court staff not to tell people this. When I questioned the court staff why they didn’t tell me about the hearing they said that’s for an attorney to do. They do all sorts of slick willy shit to get people to cough up the cash. they don’t give a shit if you are giving them your rent money. This violates the law and many courts are being sued.

    I had one Texas judge try to shake my ass down in court and demand to get the money in my pockets. I refused. I handled his ass too. My warrants were recalled. ALL OF THEM.

    When you send a certified letter telling the court that you are unable to make payment and too poor to pay and you need a financial hearing they have to remove the warrants. I even told one court that was still threatening to have me arrested on my way to court that this violated the law (which is does) because the U.S. Supreme court and even other courts have also issued opinions stating that “upon notification that a person is a pauper (too poor to pay) the court MUST RECALL THE WARRANT until such determination can be made if the person is telling the truth or not. The courts removed my warrants. I am not bullshitting you.

    They are not telling people. The courts are intentionally being evasive. Learn to send that letter.

    The Case is:

    Supreme Court

    Preston A. TATE v. Herman SHORT.

    401 U.S. 395 (91 S.Ct. 668, 28 L.Ed.2d 130)

    Preston A. TATE v. Herman SHORT.

    No. 324.

    Argued: Jan. 14, 1971.

    Decided: March 2, 1971.

    Read what it says. Just google it.

    1. 1.1

      Mary Huff

      How about 1. not getting so many traffic fines so you don’t rack up bills you say you can’t pay. 2. Skip the Starbucks, manicures, iphone, video games, smokes and beer, then maybe you will have some money to take care of your responsibilities. And 3. If you have already cut back all you can, and you still have bills, be an adult like the rest of us and figure out how to work with them to get it taken care of. You know who pays for indigent? All of the other working people who are trying to pay their own bills and taxes. So, you skipping out on your bills just puts it on the back of someone else.

      For the OP complaining about them coming for him for not baying his debts, PAY YOUR BILLS! If you can’t pay all of it, make arrangements to make payments. This isn’t rocket science people, grow up and take some responsibility.

      1. 1.1.1

        Janice Dickson

        Lady you don’t get it. The courts have to also follow the LAW. They can’t violate the LAW. And this article is about the courts violating the LAW by incarcerating people without informing them of their right to a hearing or considering their financial means. THAT IS THE LAW. Sorry you don’t like it. You can’t violate the damn law just because someone has gotten a damn traffic ticket. You have to deal with them in accordance with the LAW.

        So many courts are now under pressure to maximize city revenue that the judges are violating the law and using traffic tickets and traffic enforcement as a means to bring in revenue for cities. Even the U.S. Justice Department said this is not the purpose of police. Police are NOT suppose to be revenue drivers. Even the U.S. Justice Department is now considering removing judicial immunity from Judges because they are willfully shaking down people and threatening poor people with jail when the U.S. Supreme Court on MULTIPLE OCCASIONS have ruled this to be UNCONSTITUTIONAL.

        So you can keep your inadequate response. The law MUST BE FOLLOWED by the courts. They can’t do what they want because someone ran a damn traffic light.

      2. 1.1.2

        Andre Esparza

        Stop being a Statist! We don’t need to have our money stolen for victimless crimes. This is outright theft, and by the force of men with guns if you refuse. Go back to Nazi Germany.

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