Anybody reading this in Virginia???

Folks,

I was back before substitute Judge Thomas G. Underwood in Prince
William County's Juvenile Court on Thursday.

Underwood issued an arrest warrant for me after failing to appear at a
hearing in his COurt after the matter had been removed to federal
Court...the matter of the warrant was the only issue on the docket for
that day.

DCSE's attorney for the Manassas District Office (a lying bitch named
HOPE FIELDS ROSEN -- yeah, someone at DCSE will pass this on to her --
tried to convince the Judge that Virginia caselaw allows a Virginia
court to maintain concurrent jurisdiction over a matter when it's
removed to federal court...she couldn't, however, name the case. I on
the otherhand, had a two year old Virginia Surpreme Court case which
says that once a case is removed from a state court to a federal court,
anything the state doesn't until the case is remanded is VOID.

The judge appeared to have spoken words that made me think he sided
with her. He never ruled on my motion to dismiss his warrant in front
of me.

Anyhow, without any notice to me by either the court or DCSE, the court
began to address the issue as to whether he should impose a
previously-suspended 4-month jail sentence against me.

In September 04, he had found me in contempt for having paid more than
$1700 in excess or the court's requirement BEFORE it was even due.
Because I knew I was going to be in school, my current wife and I had
made several multiple payments and then didn't pay for
months....notwithstanding the several months I went without paying, I
was found in contempt (ostensibly, because of the number of times was
fell into arrears before the time period covered in the contempt
hearing), sentenced to 4-month, suspended, on the condition that I make
future payments on time. THERE WAS NO PURGE CLAUSE.

DCSE attempted to move for an additional show cause summons against me,
and I moved to dismiss on grounds that a non-attorney signed the
motion...illegal under Virginia law and it constitutes the unauthorized
practice of law -- a CLASS ONE misdemeanor. The judge didn't rule on my
motion again - at least not in front of me.

Anyhow, after being subject to a contempt proceeding with no notice,
the judge imposed the 4-month sentence, increased by bond amount to
$10,000 (I've never failed to appear in Court before and my wife owns
our home) and imposed a $10,000 purge clause...

THOSE OF YOU IN MANASSAS, WATCH ROSEN (repeat: she lies in her motions
and she lies to the judge's face) she told the judge that Virginia law
mandates the imposition of a purge clause for the entire amount of
arrearage (for me considering the $21000+ illegal interest DCSE has
applied to my case that's over $40000)...

Rosen couldn't cite the statute and because we had a court reporter
courtesy of DCSE, I asked the judge if there was any evidence presented
to the court that I had the present ability to pay the $10000 purge
clause) the judge said he didn't have to answer my question, but it was
sufficient enough to get the judge on record that there was none...

Good enough to show he imposed a punitive punishment guised in the form
of a purge clause...a practice never challenged in Virginia, but in all
other states where the issue has been challenged, the court have ruled
such a purge clause to be illegal.

I brought in a Notice of Appeal with me just in case something went
wrong. I filled it out and the Clerk put the appearance bond of $10000
on it...as is the practice of clerks adding stuff on their own, the
clerk added a provision that I pay a $10000 accrual bond (20 months of
support) to the court to pay for prospective support during the period
of appeal -- the appeal date set was the beginning of June -- $1038 of
arrearage payments).

Off I went to jail. I sent my friend with bond money to the jail to
bond me out.

As is also the practice anytime this court does some to me, the judge
wrote a disposition notice that was supposed to go with me to jail. The
last time, the clerk's office wrote such a screwed up document, the
magistrate and the jailers couldn't tell if I could be released and I
sat in jail for FOUR days...the next time, a Clerk in the Court --
without talking to a judge -- changed the type of bond the judge
ordered that required me to give $2500 to a bondsman to effect my
release. The whiteout is still on the document filed by my former
attorney showing it was changed after she had filed it.

This time, the judge "forgot" to check a box denoting my appeal...and
even though I had a signed copy of my notice of appeal, jailers needed
a copy of the disposition notice. I sat in Jail on Thursday night.

Friday morning, my friend, who waited almost five hours until a jailer
to him I couldn't get bonded out, inquired of the Clerk's Office and a
bondsman who called the Clerk's Office. Some clerk in there told BOTH
that I needed an attorney to sign my notice of appeal...odd, because I
don't have an attorney.

That eventually got resolved...I got out about 4:00PM yesterday
afternoon.

I found 8 men in there in criminal contempt charges, all about support,
all sentenced to much harsher sentences than me...all had illegal
purges clauses assigned to them...all have to spend every day of their
sentence in jail because of the illegal purge clauses added by all of
the judges of this Court.

IT IS LEGALLY IMPOSSIBLE TO PURGE YOURSELF OF CRIMINAL CONTEMPT...IN
EVERY STATE.

Ironically, all of these MEN had sentences in excess of six months...a
practice I believe is illegal until one gets a jury trial -- something
that is not granted in Juvenile Court, and not granted on appeal to
Circuit Court unless the judge says he's going to sentence you in
excess of six months.

REGARDLESS, THE IMPOSITION OF PURGE CLAUSES IN CRIMINAL CONTEMPT
PROCEEDINGS IS ILLEGAL.

One guy I met gave up his apartment and was living in his car to pay
support for kids he doesn't see because the court doesn't enforce his
visitation order.

Bummer.

Monday is another day.

Have you contacted the ACLU.... they probably will not help someone
with a penis, but you never know....

Hey, maybe you can file a civil suit against the State of Virginia pro
se. You will probably lose, but at least your fighting.

How was Bubba? Did he treat you as unfairly as the system?

Actually, frank, wasn't that you I bubba'd...you seem to be more of a
catcher than a pitcher...now shut the hell up and crawl back under your
rock.