tables were turned

[gamegirl029]

What is the name of your state? virgina. I called the police on my neighbor for having about 50 hanging around outside at about 1 a.m., right outside my childrens bedroom. I told them that I was real nervous about it because a guy got shot less than 2 wks ago right across the street from me. There have been no police presence at all after the shooting. When the police got there, they tried talking to my neighbor, but they are hispanic and the police couldn't understand them. So they come over to talk to me and my husband. They were telling me I could be charged for making a false report, but I didn't. All the people and their vehicles were still there. I told the officer to listen to the 911 tape, and she would see what I said. So then she focused in on my husband. To make a real long story shorter, the arrested my husbad, saying he had a warrant in another county. They said they didn't know what the warrant was for, but they had to take him in. The only connection either one of us has to that county is my husband has a child support case there. He was out of work for awhile, but went to court and the judge said he wouldn't have to go to jail if he paid specific amount more each week. He's been doing exactly what he was ordered, plus paid an extra $2700.00 less than a month ago. When I called the Sherrif to find out what was going on, all he could tell me was that my husband would be held in jail for 12 months. It has to be an expired warrant. I need any advice I can get on how to get him out, and if I can, can we sue the county for unlawful detainment (among other charges)? Please, we have four children who need their father back, please help usWhat is the name of your state? we live in virginia.

 

[justalayman]

It has to be an expired warrant

warrants do not expire.

I think you are jumping to conclusions with the unlawful detainment thing. You don;t even know why hubby is being held. If he is going to be in jail for 12 months, it sounds like he skipped out on a probation situation.

Other than that, the police would have no idea how long he would be going to jail for.

Is there some reason you cannot speak with hubby?

 

[outonbail]

So your saying that since your neighbor is Hispanic, the police couldn't understand what they were saying, so the police decided to come over to your house and accuse you of phoning in a false report?

It sounds to me like your neighbors or one of their guests anyway, had no problem at all communicating with the police.

Hence, there is much more going on here than the neighbor's having a loud party.

I also agree that the police would have no way of knowing that your husband is going to be in jail for 12 months, unless he has already been sentenced for a crime that he failed to turn himself in for, or violated his parole. But otherwise, it is the judge who determines what his sentence will be, after he pleads to, or is found guilty of a crime.

Have you checked with a bail bondsman to see if there is a bail amount that can be posted for the release of your husband? A bail bondsman may be able to provide you with more details in so far as what it is your husband was picked up for, or what he is being charged with.

 

[gamegirl029]

more info

My husband was out of work for a little while, and got behind on his child support. He went to court this may, was told to pay a certain amount more each paycheck, pay his court appointed attorney fees. If he failed to do any of this then he would spend 12 months in jail. He has done everything asked of him and then some. Child support got $2700.00 just a month ago from his tax returns. Nobody contacted him to let him know there was a warrant on him, we have lived in the same place for 11 yrs, so they know our address. I think it was an expired warrant. The court wont give me any information, they will only give it to him, but he cant call, and the people at the jail still haven't told him any reason why he is there. I called the lawyer he had for the case, but he's out of the office for the week, I left a message, but I dont have high hopes for a prompt return phone call. He has been paying everything he was ordered and them some, there is no doubt in my mind.

 

[seniorjudge]

To repeat: There is no such thing as an expired warrant.

 

[gamegirl029]

sorry, I might have worded it wrong. I think some paperwork from his case wasn't signed, or processed correctly or something. The point is that he is in jail when they had no reason to put him there. I talked to him this morning, and he said that when he was at the magistrates office, the magistrate made a comment about the warrant "looked funny" and he wasn't sure what to do with my husband, so he just put him jail. I know that doesn't make much sense, but this whole situation doesn't make sense.

 

[Ohiogal]

sorry, I might have worded it wrong. I think some paperwork from his case wasn't signed, or processed correctly or something. The point is that he is in jail when they had no reason to put him there. I talked to him this morning, and he said that when he was at the magistrates office, the magistrate made a comment about the warrant "looked funny" and he wasn't sure what to do with my husband, so he just put him jail. I know that doesn't make much sense, but this whole situation doesn't make sense.

The point you are missing is that they did have a reason to put him there -- the warrant. If his attorney wants to fight the warrant that is one thing. But the warrant provided cause for them to put him in jail.

 

[gamegirl029]

ok, I accept that. But the only reason I can see that there would be a warrant is if he didn't comply with the court order, or something went wrong with the paperwork. And he has done everything the court ordered. Now how do I go about getting him out?

 

[FlyingRon]

Most likely he'll need to go show proof to the court, but just because he had his taxes garnished doesn't mean he's complied with the order.

 

[outonbail]

Now how do I go about getting him out?

Did you ever make that call to a bail bondsman? They will be able to research the situation and at least let you know if there is a way of getting him out (bail) or if he's in until he gets to speak to a judge and get everything straightened out.

If he has been doing everything he was ordered to do, then you may need an attorney to order the transcripts of what was said in the family court and use this as proof of exactly what his terms were. Then you can gather up all the canceled checks and/or receipts which prove he has been following all orders of the court. Then you present all this information to your husbands lawyer at, or preferrably before his violation hearing.

Are you sure this has to do with his being in arrears with child support payments? It sounds like an awful harsh thing for the judge to state that if he's late again he'll have to do a year in custody. If they did this with everyone who's late with child support payments, they'd have no room to house all the violent criminals. There must be something more to this child support case or this has to do with some other issue alltogether.....

 

[gamegirl029]

Thank you for your advice, it will sure help. And I know it seems harsh (for failure to pay), but that's how it is in the county where his case is. To beat all, they also wont let him out on work release, if for some reason he has to stay in there. He has been paying what was ordered, but the division of child support enforcement had the judge issue a capius do to failure to pay (I just found this out), but I have the proof that he had been paying the ordered amount every week. And it is ONLY child support, there was nothing else involved in the 12 month sentence.

 

[justalayman]

Now how do I go about getting him out?

you pay all the child support arrearages.

 

[Just Blue]

Thank you for your advice, it will sure help. And I know it seems harsh (for failure to pay), but that's how it is in the county where his case is. To beat all, they also wont let him out on work release, if for some reason he has to stay in there. He has been paying what was ordered, but the division of child support enforcement had the judge issue a capius do to failure to pay (I just found this out), but I have the proof that he had been paying the ordered amount every week. And it is ONLY child support, there was nothing else involved in the 12 month sentence.

I am sure there is a "purge" that could be paid to get him out of jail. Is your hubby going to appear in front of the Judge?

 

[gamegirl029]

I havent heard anything about a hearing, but we probably wont know anything until they are taking him to the courthouse.

 

[outonbail]

I havent heard anything about a hearing, but we probably wont know anything until they are taking him to the courthouse.

Which should be happening pretty soon. Tomorrow possibly?