plg103 unit 6 done
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School
Eastern Gateway Community College *
*We aren’t endorsed by this school
Course
PLG103
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by ashnicole1990
To:
Holly Homeowner
From:
Ashley Dorris, Paralegal
RE:
Excessive Penalties and Fines
Date:
December 2, 2023
Unit 5: Opinion Letter
Dear Ms. Holly Homeowner:
Ms. Homeowner, it was a pleasure meeting you. We are honored that you thought of us as the
finest option for legal counsel and representation. In response to your inquiry about whether the
City can impose such extortionate fines, my colleagues and I have conducted extensive research
to determine whether or not we think you have a case going forward. Based on our initial
meeting, we were able to outline the facts of your case as follows: You were unable to work due
to a long-term illness, which qualified you to receive disability benefits for a set amount of time.
However, after using up your benefits, you were no longer able to make the necessary mortgage
payments. You signed a document with your lender consenting to a foreclosure three years ago
after illness rendered you unable to work and pay your mortgage. You also gave up ownership of
the property and moved out. Your former residence has deteriorated and accumulated fines and
penalties totaling an outrageous $105,000.00 ($100 per day). An inspector recently discovered
the following problems that warranted a citation and fine (three years after you left the subject
property): an overgrown backyard and a stagnant, mosquito-infested swimming pool. According
to the most recent property records, you are the property's listed owner. Because you vacated the
property, you were unable to receive the violation notices in the mail because you no longer
reside there.
Courts that follow US Supreme Court precedent must recognize the Eighth Amendment's
protection against excessive fines. Courts recognize the Ohio Constitution's article I, section 9 as
a constitutional safeguard against excessive fines. A court would not impose an
unconstitutionally large fine. Depending on the statute, an Ohio court would be required to
follow Ohio law, which requires it to separate the unconstitutional fine and uphold the
constitutional portion of the statute, if possible. An Ohio court would almost certainly conclude
that the Excessive Fines Clause of the Eighth Amendment to the United States Constitution is
binding on the state, and federal jurisprudence is instructive about excessive fines matters under
Ohio Constitution article I, section 9.
To prove excessive fines, the requirements typically include showing that the fine is grossly
disproportionate to the offense committed, and that it violates the Eighth Amendment of the
United States Constitution. Defenses to excessive fines may include arguing that the fine is
proportionate to the offense or that it serves a legitimate government interest.
It would be necessary to analyze the specific facts of the case to determine if the fine imposed is
excessive. This would involve considering factors such as the severity of the offense committed,
the amount of the fine, and any mitigating circumstances. It may also be relevant to examine case
law and precedents related to excessive fines to support the argument.
To prove the case, it would be necessary to gather evidence and present persuasive arguments to
demonstrate that the fine imposed on Holly Homeowner is grossly disproportionate to the
offense committed. This could include presenting evidence of similar cases where lesser fines
were imposed for similar offenses, and highlighting any mitigating factors that should be taken
into account.
Whether or not the case will succeed would depend on various factors, including the specific
details of the case, the strength of the evidence and arguments presented, and the interpretation of
the law by the court. It is important to thoroughly research and analyze case law related to
excessive fines to develop a strong legal argument and increase the chances of success. An
experienced attorney on your side can make all the difference in your case being resolved in your
favor or not. That is where we can help you. With the right argument and experience we believe
your case SHOULD be a walk in the park so to say.
I suggest that you contact the city for available options regarding a hearing request and consult
with an attorney to represent you on the case. We would be happy to help if you chose to go that
route. Please do not hesitate to reach out to me with any questions you may have.
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