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#1
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Child Support and arrest!What is the name of your state?State: OHIO Roughly 2 months ago two detectives showed up at my front door and arrested me for failure to appear in court. The court order to appear was sent to my previous address(even though they have my current address). I was taken to county, booked, posted a $27,000 bond, was told to appear in court the next day for a court date for the matter and then went home. The next day I arrived in court and with no lawyer thinking what do I need a lawyer for? I'm just getting a court date. My name is called, I go in front of the judge, the prosecution and the plaintif (CSB) stated their case and the judge asked me if those statements were true, I said yes. The judge blurts out "30 days" and they cuffed me and took me off to jail again. So back to the bull-pen I go for at least 12 hrs. and then they put me on the bus to the big house. After getting settled into my new one room hotel with no view, I decided to make a call and find out what's going on. I'm told, to my extreme delight and amazement that I'll be getting out within 24hrs. So finally I'm dressed out and put on the bus back to town. I soon found that as soon as I was arrested my friend got a great lawyer together, explained the case to him, he made one call to the judge and the judge said to get me out NOW! (I love it when the system makes a mistake and THEY have to jump! Ok so I'm a free man again :-\ Well, this only lasts two months or so. One day this last week I answered a knock at the door and to my utter disbelief it's the same two detectives coming to pick me up AGAIN! This time the're calling it an F5, (felony in the 5th degree) something about the computer spitting out my name for arrest because of a certain amount of time has lapsed since my last CS payment. This time they keep me in county lockup for nearly 4 days before they get me to the judge! My lawyer did his magic with the prosecuter and the judge and I was home 8 hrs later. Ok now to the good part. About a year or so ago I was diagnosed with several mental disabilities and have been under psychiactric care ever since and part of that includes my doctors orders to not go to work. My case worker and doctor have informed CSB (child support bureau) on several occasions of my situation and even including the fact I'm currently in line for SSDI. Now, obviously the very first time I was arrested and jailed the lawyer had quickly figured out that the CSB had dropped the ball somewhere and when he conveyed this to the judge the judge ordered my immediate release. It goes without saying that if the CSB had never screwed up in the first place I would have never been arrested the first time let alone twice! My current goal is to pursue a case against the state because I firmly believe someone needs to pay for my adventure through hell these last two months. At this point I'm afraid to answer my own door :-( I would like to hear your comments and get some insight following these questions: 1. Should I pursue getting the F5 case dropped? 2. Should I pursue getting the F5 case dropped and sue the state agency? Furthermore I would like to do some research of my own to find out if this is really worth going after, like similar cases etc. Where can I find information like this? I just figure the more research "I" do, the less my lawyer will have to do and it will then cost me a little less. One more question: Both times I was arrested I was NOT read my rights. Does this matter? Last edited by Omen; 05-14-2005 at 12:45 PM. |
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#2
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| what was the initial failure to appear in court about? What were previously charged with? Other than just informing the child support bureau that you have mental disabilities, have you ever gone to court to change your child support order? The court order stays as is until it is modified. So, the longer you continue to not pay the child support, the more times you are going to be arrested for failure to keep your support current. instead of spending money to hire an attorney to sue the state, hire an attorney to modify your child support order. Miranda rights are not needed if you are not to be questioned.
__________________ Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger. Last edited by stephenk; 05-14-2005 at 12:31 PM. |
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#3
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It's only obvious that when a judge completely overturns a sentence and has me immediatly removed from jail that somebody screwed up. |
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