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Circuit Court declined all of my motions.



 
 
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  #1  
Old May 20th 05, 08:17 PM
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Default Circuit Court declined all of my motions.

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?


Dave

  #2  
Old May 20th 05, 08:59 PM
Werebat
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wrote:

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?


Revolution?

- Ron ^*^

  #3  
Old May 21st 05, 12:04 AM
Dusty
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Default

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?


Dave


Appeal to the next higher court. If that fails, appeal again. If need be,
appeal it all the way to the US Supreme Court.

Never give in, never give up.


  #4  
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.


  #5  
Old May 21st 05, 12:57 AM
DLove
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Dave, I wish I could offer some words of advice but atlas I too found my
self in there same position in Arlington county VA. I was laid my job and
since the DCSE was ignoring my request for a reduction it too the court
1year do finally hear my case in which they denied my petition even though
I was working a minimum wage job…. Imputed income. I was told that in
order to appeal I had to put up a $5000 appeal bond (privilege to appeal)
and was ordered to appear the following week for contempt charges. It
amazes me how these judges can sleep at night. My life as I knew is
destroyed and I have become one of the angry men. If you are a Veteran
there is a group called US VETS that has a fathers program that can
sometimes help in these cases.

DLove


  #6  
Old May 21st 05, 01:26 PM
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Thanks for the mix of encouraging and discouraging words...

I'm putting together an independent civil action to attack the contempt
finding and imposition of sentence by the lower court. I'll ask for a
stay of the juvenile court's order pending the outcome of the court's
finding and/or any appeal.

I would imagine that DCSE was more than a little worried about the
potential outcome of yesterday's hearing...they had five man-hating
female employees against little 'ole me.

I expect DCSE will have gone down to the juvenile court yesterday and
asked for the issuance of a capias to incarcerate me so I could be
arrested at any time.

It's ironic that I could have filed either a writ for habeas corpus or
appealed without an appeal bond if I had just shut up and gone to jail.

I'd be interested in speaking with you, DLove, about your Virginia
experiences.

  #7  
Old May 21st 05, 01:33 PM
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Since I'm a stay-at-home dad, I am without assets to pay the $10,000
purge clause imposed by the court -- less than 2 months after the same
judge found me indigent for the purposes of appointing me counsel --
which I declined.

My wife, on the otherhand, wants to cash in her retirement to pay the
purge clause...if she does so, I'm unable to challenge Virginia's
statewide due process violation of the imposition of purge clauses
against non-custodial parents without any supporting evidence that the
contemnor has the present ability to pay the purge clause...

I'm left being in the awkward situation of wanting to challenge the
purge clause issue, which has never been challenged in Virginia, and
staying out of jail so I can continue to lead an attack against
Virginia's child support system.

It's ironic that I appear to either have to pay $42000 or be in jail to
attack an illegal order/imposition of sentence which was also based on
at least two prior void orders.

  #8  
Old May 21st 05, 05:24 PM
G
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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.


You cannot win this game, so STOP participating in their game!

What's the one and only thing they use as leverage?


  #9  
Old May 21st 05, 07:56 PM
DLove
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Harold Leist has filed a national NCP lawsuit in VA!

http://www.leist.us/suit/law.html

GeorgeG is right a single man can not fight this fight alone all the cards
are stack against you before you even get to court. Good men must be
willing to be jailed for with civil disobedience. The movenment is growing
for some type of fairness in custody and child support, unfortunately by
the time it happends it will be too late for it to do any good for many of
us

DLove


  #10  
Old May 21st 05, 11:05 PM
Werebat
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Posts: n/a
Default



DLove wrote:
Harold Leist has filed a national NCP lawsuit in VA!

http://www.leist.us/suit/law.html

GeorgeG is right a single man can not fight this fight alone all the cards
are stack against you before you even get to court. Good men must be
willing to be jailed for with civil disobedience. The movenment is growing
for some type of fairness in custody and child support, unfortunately by
the time it happends it will be too late for it to do any good for many of
us


But not our sons.

- Ron ^*^

 




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