Skip to main content

Can a court deny me paper work because of a fine.

Lakeland, GA |

I am applying for a concealed carry permit in GA and can not get the license, because the court in TN where I have a fine will not release papers to my probate judge here in GA stating that the crime was a misdemeanor. What can I do?

Attorney Answers 2

Posted

Pay the fine. Is there something else to the story, because from your post the answer is pretty obvious.

Mark as helpful

10 comments

Asker

Posted

No Sir, The problem is that it is a misdemeanor, and I stand to lose my money for the license. I have no other charges that will keep me from getting the license, I guess I just don't see why they can deny me a disposition on a crime solely because I can't pay a fine, Legally there is no reason I can't get the license, other than this technicality. I suppose I expect too much in hoping for some civility, or I'm just wrong. Thank you however for the reply.

Scott Benjamin Riddle

Scott Benjamin Riddle

Posted

It is just the opposite of the way you are thinking. It is not a "technicality." You should expect that a court system will not cooperate with you because you have willingly chosen to not pay a fine. If you lose money because of that, it is on you. These are the consequences for your actions, and there is no one else to blame. "Civility" has nothing to do with it (though civility probably includes people owning up to their responsibilities).

Asker

Posted

I was not trying to be rude Sir, I am only wondering if they can withhold documents based on a fine that has nothing to do with the matter in question. I have not "chosen" to go without paying the fine. I am unable due to the fact that I am on VA disability and have limited income. "Civility" has plenty to do with this considering she could have done this no problem and according to the FBI they can't withhold papers based on this fact. I am sorry you feel so strongly about this, but you do not know me. I have served this country so people like you can spit in my face and tell me what I should be doing with my life. The charge was a misdemeanor, I am not a common criminal and will not be treated as such. I do own up to my responsibilities and can't help that I have a traumatic brain injury from lead exposure serving your country. My income doesn't have anything to do with this. The fact is that they are acting like children and denying me because they want money out of me. I will try to pay the fine as best I can, but there is no reason for denying me paper work stating that a charge is a misdemeanor. As for your "Attack" on my character, it is not appreciated, I was nothing but polite. I suppose the individuals withholding my paper work are individuals like you, which lack "Civility".

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Your reaction to attorney Riddle is unwarranted and way off-base. As a fellow service connected, disabled veteran of the Cold War and both Gulf Wars, I object to you wrapping yourself in the nation's cloth and attacking someone who was giving you the unvarnished and accurate straight and skinny.

Asker

Posted

Where exactly did I attack him, I was defending my self. I am certain that I at least have a right to that. I think it is admirable that you come to your peers aid, but I intended no ill will, but feel I was disrespected. Thanks for the information, but according to the FBI as stated in the Freedom of Information act, I am privy to this information regardless of fines I may have. This is a clear cut case of the court holding power over a citizen for its own gain. I intend to pay the fine as best I can, but that gives them no right to deny me a disposition on a crime. He chose to attack my character and assume I am just a common thug, which is far from the truth. I have done nothing to receive such treatment and was only looking for help. All I asked was a little civility, but there seems to be none here. I think my reaction was only natural considering the assumption that I am an individual that has chosen not to own up to my responsibilities. The fact that you are a veteran is inconsequential. I merely stated that I would do the best I can as I am on disability.

Asker

Posted

http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks/order By order dated September 24, 1973, the Attorney General of the United States directed that the Federal Bureau of Investigation, hereinafter referred to as the FBI, publish rules for the dissemination of arrest and conviction records to the subjects of such records upon request. This order resulted from a determination that 28 U.S.C. 534 does not prohibit the subjects of arrest and convictions records from having access to those records. In accordance with the Attorney General’s order, the FBI will release to the subjects of identification records copies of such records upon submission of a written request, satisfactory proof of identity of the person whose identification record is requested and a processing fee.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Great! But you need records from a TN court.......

Asker

Posted

Read the entire thing, I can get them from the FBI as it is a finger printable offense. The biggest point is" This order resulted from a determination that 28 U.S.C. 534 does not prohibit the subjects of arrest and convictions records from having access to those records". I will speak to the FBI tomorrow and they will accept my request. The state can't hold the information based on the fact that I have not paid a fine. The probate judge is inclined to agree and will be assisting me further. I only wanted to make sure you had the correct information, as that is not what has been advised by you and your peer.

Asker

Posted

So that this may be clarified the above ar disrespected as I have. Thank You, and God Bless.dvice is completely and utterly incorrect. Legally a court cannot deny papers due to a fine as these records are of a public nature and the act of withholding one's public record even if they owe a fine is illegal. I have cleared the matter up with both courts here and out of state and the papers are being mailed as we speak, even though I have not paid the fine. My intention is to make sure anyone reading this does not get misinformed or disrespected as I was.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Well done. Congratulations.

Posted

Pay the fine is your only way-ahead unfortunately.

Courts have broad powers, including the power to refuse to provide services where fees are owed.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

Mark as helpful