Charged w/contempt 31 days after paying a $10,000 purge clause...judge denies "Bill of Particulars"

We in Virginia have to begin to come together against this system...

This is what happened to me yesterday when I was "arraigned" on a
charge of civil contempt...DCSE brought the charge 31 days after I paid
a $10,000 purge clause and 21 days after the Judge signed the order
dismissing the contempt charge.

Got a new judge...he tried one of the DC Sniper suspects and also was
going to try a local county attorney for adultery.

The judge set a September 7 trial date and when I advised him that
wasn't a good date for my attorney (who I was referred to by Stephen
Baskerville) he said because the attorney hadn't filed Notice of
Appearance, he wasn't my attorney yet...

Then I moved for a Bill of Particulars on the contempt charge (since it
charges that I only failed to obey a court order) and he DENIED the
Bill of Particulars...he said my attorney can file for one [but he said
I didn't have an attorney].

He quashed all four subpoenae I had filed as well including one for the
CASEWORKER from DCSE handling my case (who's office is right across the
street from the courthouse...too much of a burden on the caseworker.

A friend who came with me to court simply shook his head and smiled
after the hearing was over...the charge threated to jail him for
contempt for having done so.

What kind of a ****ed-up world do with live in that we let this **** go
on in our courtrooms?

wrote:

We in Virginia have to begin to come together against this system...

This is what happened to me yesterday when I was "arraigned" on a
charge of civil contempt...DCSE brought the charge 31 days after I paid
a $10,000 purge clause and 21 days after the Judge signed the order
dismissing the contempt charge.

Got a new judge...he tried one of the DC Sniper suspects and also was
going to try a local county attorney for adultery.

The judge set a September 7 trial date and when I advised him that
wasn't a good date for my attorney (who I was referred to by Stephen
Baskerville) he said because the attorney hadn't filed Notice of
Appearance, he wasn't my attorney yet...

Then I moved for a Bill of Particulars on the contempt charge (since it
charges that I only failed to obey a court order) and he DENIED the
Bill of Particulars...he said my attorney can file for one [but he said
I didn't have an attorney].

He quashed all four subpoenae I had filed as well including one for the
CASEWORKER from DCSE handling my case (who's office is right across the
street from the courthouse...too much of a burden on the caseworker.

A friend who came with me to court simply shook his head and smiled
after the hearing was over...the charge threated to jail him for
contempt for having done so.

What kind of a ****ed-up world do with live in that we let this **** go
on in our courtrooms?

It's because the lawyers and the legal system they work for make
everything so complicated that no one can understand the language you
are using to explain what injustice has been done. I don't really
understand half of what you are talking about, and it isn't your fault,
it's just that it's all in legalese. Anyone with less than a solid
interest in the issues already is going to just pass it by and let them
continue doing whatever they are doing.

- Ron ^*^

wrote in message
ups.com...
We in Virginia have to begin to come together against this system...

This is what happened to me yesterday when I was "arraigned" on a
charge of civil contempt...DCSE brought the charge 31 days after I paid
a $10,000 purge clause and 21 days after the Judge signed the order
dismissing the contempt charge.

My experience from being at a couple of arraignment hearings is they are
fairly cut and dried and part of your due process rights. They take about
one minute per case. The entire process is recorded. The judge asks each
person:

1. Are you the person named in the allegations?
2. Do you understand the charges against you?
3. Do you understand you have the right to an attorney?
4. Do you want to apply for a public defender?

I pressed the envelope and asked the judge if I could have a jury trial. Of
course, the answer was "No" without any explanation.

Then they set the hearing date and time for you to come back to present your
case and you sign the paperwork. If you try to present any information
about your case, the judge cuts you off and tells you this is an arraignment
hearing and to save your case presentation for your scheduled hearing.

It is not surprising the judge didn't accept anything you tried to present
at the arraignment hearing.

Hi Bob,

That is usually what happens in this jurisdiction, however, the judge
didn't ask me squat about the charge, refused to hear my motion to
dismiss, didn't advise me of any right to an attorney and didn't offer
one to me (which was moot after I advised him I already had counsel).

The last guys was a senile old coot compared to this one...who I
believe has no interest in the litigation of issues.

Always nice to be able to come back and read this group with people who
actually understand what's going on.


Dave

wrote in message
oups.com...
Hi Bob,

That is usually what happens in this jurisdiction, however, the judge
didn't ask me squat about the charge, refused to hear my motion to
dismiss, didn't advise me of any right to an attorney and didn't offer
one to me (which was moot after I advised him I already had counsel).

The last guys was a senile old coot compared to this one...who I
believe has no interest in the litigation of issues.

Always nice to be able to come back and read this group with people who
actually understand what's going on.

Just out of curiosity . . . who was there representing the state? Did they
help the judge manage the courtroom and all the case files? And did they
help the judge with the details of the law?

My experience is the deputy DA's run these proceedings and the judge is just
a figurehead signing the legal documents. It's a total mockery of how the
law should be administrated!

In Virginia, they'll actually allow your ex's attorney to prosecute you
for criminal contempt WITHOUT THE KNOWLEDGE OR PARTICIPATION OF STATE
PROSECUTORS. This is in complete violation of Virginia's caselaw and
Virginia's Code of Professional Responsibility.

Once, I appealed such a finding from Juvenile Court to Circuit Court
and the STATE PROSECUTORS refused to intervene and prosecute me as
they're required to do on ALL CRIMINAL MATTERS appealed from Circuit
Court under =A716.2-232 of the Code of Virginia. I had FIVE pre-trial
orders stating that I was before the court on the misdemeanor charge of
criminal contempt, filed a motion to order the STATE PROSECUTORS to
prosecute (denied) and on the date of trial, I was not only denied a de
novo hearing (=A716.1-136), but the judge (who signed four of the five
pre-trial orders) decided he would change the matter from an appeal of
criminal contempt into a sentencing hearing for civil contempt.

Over the past year, it's been DCSE'S attorneys prosecuting the civil
contempt....last finding, I was found in contempt even though I was
$1700 AHEAD of my arrearage payments...judge found me "indigent" for
the purpose of appointing me counsel (which I declined) and then
ordered a $10,000 purge clause...which he knew I didn't have...he said
"Virginia law doesn't require that I find you have the ability to pay
the purge clause.

I don't get the regular judges, I get "special" judges brought in
because the regular five recused themselves from hearing my cases
because I sued them a few years ago about ordering purge clauses in
criminal contempt cases...I found 25 men out of 25 cases (five for each
judge) has sentenced men to jail for criminal contempt and applied a
purge clause against them [legal impossibility], but it manages to keep
the dads in jail for the ENTIRE SENTENCE, as opposed to all other
"criminals" who get day-for-day "good time" for serving their
sentences.

During the 24 or so hours I was in jail earlier this year, I found
eight men who were charged and sentenced under =A718.2-456, criminal
contempt, which carries a maximum penalty of 10 days and/or $250 fine,
serving 12 month sentences, handed down without a jury trial.

I'm getting very ****ed at these thieves in the black robes. I'm only
fighting it so others don't get screwed by the system -- even though I
am.