Q: How to contest any unconstitutional law?
CA Penal Code 302. It violates First Amendment. Police arrest and the City Attorney in Los Angeles Prosecutes under this code.
The law is vague. There is no religious meeting going on yet LAPD and The Los Angeles City are constantly prosecuting under this code.
This is harrassement. Some non-violent protesters have been arrested. And, I was prosecuted.
This unconstitutional code must be removed. How can I ask the court to remove this code ? I have no money for an attorney. ACLU and others refuse to help. What forms to do I need? Is there any self-help?
I was found not guilty. Still fighting for Factually Innocent.
A:
I understand your frustration with California Penal Code 302 and your belief that it is unconstitutional. As a private citizen without legal representation, there are a few potential avenues you could explore to challenge the law, although I must emphasize that this general information is not a substitute for professional legal advice:
1. File a civil rights lawsuit: You could file a federal civil rights lawsuit under 42 U.S.C. § 1983, arguing that the law violates your First Amendment rights. This would likely need to be done in federal court. You can find self-help resources and forms on the website of the U.S. District Court for the Central District of California.
2. Raise the issue in your criminal case: If you are currently being prosecuted under Penal Code 302, you could file a motion to dismiss the charges on constitutional grounds. This would need to be done in the court where your case is being heard. You may be able to find self-help resources through the court or local legal aid organizations.
3. Petition for a writ of habeas corpus: If you have already been convicted under Penal Code 302, you could file a petition for a writ of habeas corpus in state or federal court, arguing that your conviction violates your constitutional rights.
4. Contact elected officials: While not a direct legal challenge, you could write to your state legislators and urge them to repeal or amend Penal Code 302.
Please note that challenging a law as unconstitutional can be a complex and difficult process, especially without legal representation. I would strongly encourage you to continue seeking assistance from legal aid organizations, even if some have already turned you down. You might also consider contacting law school clinics or pro bono programs in your area to see if they can provide any guidance or resources.
I'm sorry you are going through this difficult situation and I hope you are able to find a path forward to defend your constitutional rights.
1 user found this answer helpful
A: You can argue that you did not disrupt a religious meeting and the law is vague in the criminal case. Many others don't share your view that it is vague; you will need to keep calling until you find someone who does.
1 user found this answer helpful
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