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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 |
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