Constitutional Right To A Jury Trial
Justice4NY
Exposing Judicial Corruption & the
Violation of Constitutional Rights
New York State is controlled by the Democrats. Your Constitutional Right to a #Jurytrial before you are tried, convicted and sentenced to jail in a #familycourt proceeding, is not a right in New York State. The NYS Judiciary has placed themselves above the law with the help of the NYS Federal judiciary. Ask yourself, why should anyone, without exception, be deprived of their Constitutional Right to a Jury trial before they are tried, convicted and sentenced to jail for nonpayment of child support and/or the loss of time with their children?
A petition for a Jury Trial for contempt of court for nonpayment of child support documents your constitutional right to a jury trial is on my website www.justice4ny.com. Go to Petitions at the top and click and then scroll down the page and click on Petition for Jury Trial. It is a 26-page petition that documents with case law your Constitutional Right to a Jury Trial.
In 1989 the United States Supreme Court in Blanton v. City of North Las Vegas, Nev., 489 U.S. 538 held:
In using the word “penalty” we do not refer solely to the maximum prison term authorized for a particular offense. A legislature’s view of the seriousness of an offense also is reflected in the other penalties that it attaches to the offense.
A defendant is entitled to a jury trial in such circumstances only if he can demonstrate that any additional statutory penalties, viewed in conjunction with the maximum authorized period of incarceration, are so severe that they clearly reflect a legislative determination that the offense in question is a “serious” one. This standard, albeit somewhat imprecise, should ensure the availability of a jury trial in the rare situation where the legislature packs an offense it deems “serious” with onerous penalties that nonetheless “do not puncture the 6-month incarceration line.
Question? Which penalty is more sever: Being charged with non-payment of child support under the Penal Law §260.05 or 260.06 where a litigant is entitled to jury trial or under Family Court Act §454 where the litigant is not entitled to a jury trial? You can’t imagine that the Family Court Act penalty is much, much more sever and the judges can fix the contempt proceedings as they are held without a jury trial. No judge is going to find his order violates the law. It’s cover up, cover up.
Demand that your “so-called” attorney and the judge demonstrate where the documentation is wrong in the petition for a Jury Trial. They can’t, but watch them lie or take out of context. Get their answer in writing so you can investigate it further.
You need to know your rights, your options, have a strategy and be prepared for court.
Where are our political leaders? Why aren’t they doing anything about the stripping us of our Constitutional Rights to a public trial and a jury trial? Watch the following video on your right to a jury trial in the NY family court.
Your Constitutional Right to Jury Trial in Family Court (16:53)
Charles E. Collins
518-274-0380
