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Old May 21st 05, 12:57 AM
Bob Whiteside
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wrote in message
oups.com...
I was before a very impressive Circuit Court judge trying to vacate the
illegal imposition of a previously-suspended sentence by the Juvenile
Court. The sentence was for civil contempt.

I listened to FOUR HOURS of impressive legal reasoning and argument by
Judge Rossie Alston of Prince William County's Circuit Court...

Then it was my turn.

Although the sentence from the Juvenile Court was imposed without
notice to me in violation of Virginia law and although the contempt
finding was that I was in contempt because I paid more toward my
arrearages before they were due by court order so I stopped making
arrearage payments for a few months (I was over $1400 AHEAD of the
Court's Order) and that such findings are based on TWO VOID ORDERS, the
Judge said that in order for him to consider my motions (one of which
was a determination of interest) I needed to pay the $42000 appeal bond
required by the lower court.

Duh...if I had the $42000 I would have pay the support ordered (not the
$20K in illegal interest).

The long and short of it is that the court kicked my appeal and
remanded back to JDR who will likely issue a capias to have me hauled
off to serve 4 months.

So let me see if I understand...I get to illegal (VOID) orders entered
against me...a judge finds me in contempt for having paid too much too
soon...a suspended sentence is imposed without notice and I have to pay
for the privilege to appeal this stuff?

Anybody have any ideas?


File whatever is required in your state asking the judge to reconsider.
Point out if you paid the disputed amount in advance of the hearing the
state would have dispersed the money. At that point the state would claim
they had already sent the money into the home for the benefit of the
children and there would be no way to get it back.

Also ask the judge for a finding of fact on the record regarding the facts
he used to make his decision and the state law that formed the legal basis
for his decision.