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  1. #1
    Join Date
    Apr 2011
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    Coeur d'Alene, ID
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    Default Criminal Non-Support Charges

    I have two kids, aged 24 and 25 and have been divorced for 16 years. At the DCSE's prompting, a Virginia Beach J&DR [family] court judge charged me with 3 counts of "criminal non-support" [Virginia Title 20-61] starting from when my kids were 20. This is in response to a consent order created when they were 18 years old. In Virginia, Title 20-61 is a misdemeanor.

    There is a Virginia Supreme Court ruling that desertion and non-support [20-61] does not apply after a divorce decree. and the law [Virginia 20-61] only applies to children under the age of 18 or adult children with special needs. Neither of which is applicable to my kids.

    In 2006 [when the children were 19 and 20], I travelled to Virginia and appeared in response to a summons in Virginia. At the hearing, the DCSE immediately withdrew their petition stating "lack of jurisdiction" and I was told to go back home to Idaho.

    In November 2010, Virginia tried to have me extradited from Idaho under Virginia 20-61 stating that I was charged with "...3 felony counts of criminal non-support...".

    This is a blatant misrepresentation of the facts as the "non-support" statute in Virginia is a misdemeanor. I was arrested in Idaho as a "Fugitive from Justice" on a phone call from someone in Virginia and then the case was dismissed in Idaho 3 weeks later. I now have a record with a [dismissed] felony charge in Idaho.

    The Virginia Beach Judge has several capias' out for me on the 20-61 charges and subsequent contempt of court charges [for failure to appear]. I have not been served process by Virginia since July 2006.

    How should I deal with a situation like this where the Judge and the DCSE are conspiring to create new case law and new procedures by charging me with crimes that don't meet the requirements for applicability [divorce, age of children] ???

  2. #2
    Join Date
    Apr 2011
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    20

    Default Re: Criminal Non-Support Charges

    The problem is that this has morphed from a child support matter to a "failure to appear" matter which is much more serious and is applicable to anyone VA deems having failed to appear. It really doesnt matter if the charges you failed to appear for are bogus. But make some calls and figure out what appearance you missed and how they feel you were properly notified.

  3. #3
    Join Date
    Apr 2011
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    Coeur d'Alene, ID
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    Default Re: Criminal Non-Support Charges

    I think I might have to disagree... what about fruit from the poison tree ??? if the original charges are bogus [the poison tree], how can any fruit that falls from that be valid ?

  4. #4
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    Default Re: Criminal Non-Support Charges

    Quote Quoting iamnotyourwallet
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    There is a Virginia Supreme Court ruling that desertion and non-support [20-61] does not apply after a divorce decree.
    What case would that be?
    Quote Quoting iamnotyourwallet
    and the law [Virginia 20-61] only applies to children under the age of 18 or adult children with special needs.
    True.
    Quote Quoting Virgina Code, Sec.20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances
    Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $500, or confinement in jail not exceeding twelve months, or both, or on work release employment as provided in § 53.1-131 for a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it. This section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid.
    Quote Quoting iamnotyourwallet
    In 2006 [when the children were 19 and 20], I travelled to Virginia and appeared in response to a summons in Virginia. At the hearing, the DCSE immediately withdrew their petition stating "lack of jurisdiction" and I was told to go back home to Idaho.
    With that anecdote being relevant to the present issues, how?
    Quote Quoting iamnotyourwallet
    In November 2010, Virginia tried to have me extradited from Idaho under Virginia 20-61 stating that I was charged with "...3 felony counts of criminal non-support...".
    I can't see any of the documents from here. But assuming the error arose in Virginia, and they meant "misdemeanor," so what? Do you believe you cannot be extradited for misdemeanors?
    Quote Quoting iamnotyourwallet
    The Virginia Beach Judge has several capias' out for me on the 20-61 charges and subsequent contempt of court charges [for failure to appear]. I have not been served process by Virginia since July 2006.
    From what you've told us so far, you know about the court proceedings, your failure to provide support, and the warrants. What additional notice do you believe that you require?
    Quote Quoting iamnotyourwallet
    How should I deal with a situation like this where the Judge and the DCSE are conspiring to create new case law and new procedures by charging me with crimes that don't meet the requirements for applicability [divorce, age of children] ???
    You can appear and defend. You can retain a lawyer to try to negotiate a resolution of these issues for you, perhaps without your having to appear in court. You can get on the phone and try to do so yourself. There may be other options that haven't yet occurred to me.
    Quote Quoting iamnotyourwallet
    View Post
    what about fruit from the poison tree ??? if the original charges are bogus [the poison tree], how can any fruit that falls from that be valid ?
    You don't understand the "fruit of the poisonous tree" doctrine, which relates to issues of search and seizure. Moreover, even under your unusual conception, there seems to be a huge gap in your reasoning. If you fail to appear in court as ordered, you have failed to appear in court as ordered. If you disagree with the proceedings for which you are summoned to court, you need to appear and defend.

  5. #5
    Join Date
    Apr 2011
    Location
    Coeur d'Alene, ID
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    5

    Default Re: Criminal Non-Support Charges

    Well yeah... I know about the court proceedings NOW... I didn't know about all of this until November 2010...

    And Virginia is definitely intentionally stating "felony non-support" and there is absolutely no such thing in Virginia. It IS a misdemeanor. And it was not a "clerical error".

    They [Virginia] did exactly the same thing to me in 2004 claiming "felony" in a related case.

    this is their modus operandi -- falsify statements in order to get their way.

    In a December 15, 1998 ruling, the Hon. W.Edward Meeks III, Supreme Court of Virginia, [http://www.oag.state.va.us/Opinions/...ns/dec985.pdf] ruled that:

    “[the] General Assembly did not, however, define the term "spouse" as it is used in the statute [20-61]. Therefore, unless a contrary legislative intent is manifest, words used in an act should be given their common, ordinary and accepted meanings in use at the time of the act.9 The term "spouse" is defined to mean "[o]ne’s husband or wife";10 "either member of a married pair in relation to the other; one’s husband or wife."11 It is clear, then, that § 20-61 authorizes a spouse, during the course of the marriage, to bring a criminal prosecution for his or her nonsupport when such spouse is "in necessitous circumstances.

    A “divorce," however, is "[t]he legal separation of man and wife, effected by the judgment or decree of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties."12 The courts have inherent equity jurisdiction to award alimony upon entry of a divorce decree or upon entry of a suit for separate maintenance when the spouse is neither destitute nor in necessitous circumstances.13 The subject of support of a former spouse following termination of the marriage is regulated by statute, since this form of relief did not exist at common law.14 Because one no longer is a "spouse" following entry of a divorce decree, one may not desert a "spouse" following the award of a divorce.

    There is no desertion of a spouse once a decree of divorce is granted.

    I dont believe you can be extradited when one State makes false statements claiming "felony" when there is no felony.

    See... It turns out that the Idaho constitution and Idaho state law allows one to be extradited if that person committed a crime in another state with a penalty exceeding one year .. i.e. a "felony".. If you didn't commit a felony in the other state... the Idaho State constitution doesnt allow extradition...

    So the work around is simple: under the guise of "clerical-error", communicate a felony in order to obtain extradition. This happened to me in 2004...

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