He notes that the practice of jailing individuals for failure to pay "effectively extorts payment from the family or friends of those indigent defendants and violates their rights every step of the way by converting a fine-only penalty into punitive incarceration." Hillman issued an opinion that will allow Kneisser's case to proceed to trial. In 2015, Kneisser, who was represented by attorneys with the American Civil Liberties Union (ACLU) of New Jersey, filed suit against the town, the court and the judge in federal court for wrongful imprisonment and for violating his constitutional rights. He was issued the ticket for throwing a cigarette butt out his car window, the Press reported in a 2016 investigation into the impact municipal court fines have on the poor.īy the end of the day, he was jailed and had to ask his father to bail him out. It was the court's policy, posted on a sign outside the courtroom, that defendants who are fined must pay at least $200 on the day of the court appearance or be arrested. In May 2014, the 20-year-old Jackson resident went to municipal court in Burlington Township to ask for community service or a payment plan for a $239 littering ticket. READ: Inside the municipal court cash machine Rabner said it's the court's job to ensure justice is carried out "without regard to outside pressures." Rabner in his memo referred to another matter in which a young man, Anthony Kneisser, was jailed for not making a payment the day he was in court - without first conducting a hearing on his ability to pay. "And defendants may not be jailed because they are too poor to pay court-ordered financial obligations." Pay or be jailed "The imposition of punishment should in no way be linked to a town's need for revenue," Rabner wrote. In March, he was admitted into the state's pre-trial intervention program, meaning the charge will be dismissed and potentially expunged from his record after a year of good behavior. In February, Thompson pleaded guilty to fourth-degree falsifying records.
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