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The bail forfeiture amount you paid will be applied to the fine. If the fine is less than the bail deposit, any balance will be refunded by the court. If the fine is more than the bail deposit, you will be responsible for paying the balance due. Report directly to the Department in which your trial has been scheduled. The bailiff or clerk will give some preliminary instructions and then check in those people appearing in court.
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When you plead "not guilty" to an infraction, the trial will be conducted by a judicial officer (in our courts, a judge, a commissioner, or a qualified temporary judge (judge pro tem). The law enforcement officer who issued the citation will be subpoenaed to appear at the trial. You have the right to subpoena witnesses and to hire a lawyer to represent you (court appointed lawyers are not available in infraction cases). You should be prepared at the time of trial to testify by stating your recollection of the facts, to produce any documents or other evidence you may wish the judicial officer to review, and to have any witnesses testify on your behalf. There is no city-run shelter, only a church-run program for homeless people that includes a shelter that requires residents to work.
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"Whatever the dangers of a fine − those can be a danger for some people out there − they pale in comparison to the danger they are facing in the encampments," Glock said. "Where are all these people going to go? There are no other shelters," Gutowski said. "I’m worried about them leaving the city and going up into the mountains."
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This option is available for most traffic infractions where a mandatory court appearance is not required. Your Courtesy Notice will advise you if a personal appearance is required. Traffic Court deals with violations of traffic laws and other minor offenses of state and county ordinances. These violations are considered infractions and include, for example, speeding, cell phone violations, expired registrations and automobile equipment needing repair.
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Infractions are enforced by the issuance of citations (tickets) by law enforcement. Out of 200 cities with populations similar to that of Grants Pass, more than 80% do not ban sleeping on all public property, at all times, according to amicus briefs. In most other cities, bans are in place with exceptions, like allowing camping when there are no shelter beds available. In Supreme Court documents, lawyers representing homeless residents said most cities with anti-camping ordinances don't go as far as the ordinance in Grants Pass. In the West, cities like Denver, Los Angeles, Portland, Oregon, and San Diego, can offer homeless people spots in new hotel programs and sanctioned campsites to clear away encampments.
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The court will listen to the statements of the sworn witnesses against you and may question each witness. The court will then rule on the matter or take the matter under submission. If the court takes the matter under submission, you will be notified by mail of the court's ruling and, if found guilty, you will be informed of the sentence imposed. If you are found not guilty and if you have paid a bail forfeiture amount, the full amount paid will be refunded to you by the court. If you have paid a bail forfeiture amount, it will be applied to the fine. Ed Johnson, a public defender in Grants Pass, first took on the case after learning unhoused people were receiving camping fines they couldn't pay.
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Please see Self-Help Section on the court website for further information about these services. The bail forfeiture amount on a citation is determined by statute. If you choose to pay the bail on the citation without going to trial, it will be accepted as payment in full of the fine due on the infraction. The citation is deemed paid, and the resulting violation will be reported to the Department of Motor Vehicles if the violation is reportable. An appeal can be filed within 30 days only after being found guilty in a court trial. The appellate court's decision deals with the evidence offered and decisions made at the time of trial.
Court of Appeals for the Ninth Circuit decision ruled homeless people in places without enough shelter beds have an Eighth Amendment right not to face punishment for living outside and protecting themselves from the elements. In Grants Pass, that has meant tents, tarps and other belongings dot parks while public benches and picnic tables are often used for sleeping. In this case, Grants Pass says it needs to be able to clear residents like Gutowski out of parks. But the city hasn't been able to enforce its around-the-clock camping ban on public property.
The Tulare County Superior Court is warning the public of a phone scam after receiving reports of calls received requesting money for failing to appear for jury service. "Whatever their merits as a matter of public policy, such laws do not punish the status of homelessness in the way that the" Grants Pass ordinance does, lawyers wrote. Last year, Black people made up 13% of the U.S. population, but accounted for 37% of all homeless people, according to the U.S. In 2023 there was also a 40% and 28% increase in the number of Asians and Latinos, respectively, experiencing homelessness. "This is just the bread and butter of running a city," she said, adding that concerns from advocates about increased criminalization of unhoused people are "unfounded."
The judge will enter a judgment based on the written testimony and documentary evidence presented. If there are mechanical, registration, license, or insurance violations (VC 16028(a) only), the bail amount will be reduced if you provide proof of correction on or before the due date. If you do not provide proof of correction, you will be required to pay the full bail forfeiture amount or contest the citation. Proof received after the fine is paid will not be eligible for further reductions. If you were cited for failure to provide proof of financial responsibility (insurance), and you did not have insurance on the date of violation, you will be required to pay the full bail forfeiture amount or contest the citation.
If you have photos, diagrams, reports, or any other exhibits which you plan to present at the time of the trial, bring them with you on your trial date. In 1972, the Supreme Court overturned a Jacksonville, Florida, law prohibiting vagrancy. The law banned begging and applied to people who slept during the day and wandered at night, the Florida Times-Union, part of the USA TODAY Network, reported. Across the country, statistics also show people of color are more likely to become homeless than their white counterparts, due to systemic racial and housing discrimination, Johnson said.
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