I'm going to a jury trial for back support that I've paid up in full...don't even know what she looks like

[cynthiann]

I'll make this as brief as I can, but I was hoping you might have some suggestions.  My fiance has a 5 yr. old child he hasn't been allowed to see.  He payed child support for 4 yrs., was laid off of his job, used his unemployment to pay her double for several months because he knew he would be on hard times soon.  Another year went by (all the while being told he couldn't see the child) until he opened his own business and he's now doing good financially.  He was sent a summons from the state charging him with flagrant non-payment.  He paid it in full, looking forward to being back on track and seeking visitation and a reduction so he wouldn't fall back into the same situation.  After paying arrearages in full plus a month ahead, he pled not guilty.  He was assured by the prosecuting attorneys that it would be dropped..."That's usually what they do".  This is where he screwed up.  Thinking he was in the clear...he asked this prosecuting attorney what actions needed to be taken for visitation.  

Here's where it gets weird.  The mother of the child is the asst. jailer, her brother is the jailer, the prosecuting attorney is in love with the brother, and everybody in this little town is related in one way or the other.  Now back the the story.

As a precaution, he hired a lawyer, who also assured him that it was a cut and dry case and it would be reduced to a misdemeanor if not thrown out.  So we gave him $500.  that we couldn't afford.  So we're back in court again...the 4th trip to this town 3 hours from home.  He is given a diversion dismissal to sign stating that he would change his plea to guilty,  accept status of felony, no drinking, random drug tests, be subject to warrantless searches, and much more for 5 years.  It was clear to us what had happened.  When he mentioned visitation, we beleive some strings were pulled.  If he settles for felon status to stay out of jail, he can't have visitation.  He didn't sign it so they set a pre-trial for March of next year.  Oh yeah, they put him under an unsecured $10,000 bond, he has a 6 pm curfew, he can't enter a bar or restaurant that serves alcohol (my fiance also is a well known local country musician), or get any kind of misdemeanor without risking being charged with a felony and being fined $10,000.

Almost done...promise.

Our lawyer said it would be easy to get the prosecuting attorney replaced since she knew the family and was in love with the jailer (the mothers brother).  They all walked into the room together without telling Lloyd (my fiance), and when he was finally called in the prosecutor was still there looking mean as hell, and our lawyer looking like he'd been kicked where it hurts.

Just a few points of interest...upon coming out of the last hearing (he still hasn't had a chance to defend himself...in fact was told to shut up when he tried to) he approached his lawyer for counsel and the sheriff (the mother's brother) tapped the lawyer on the shoulder and told him to follow him.  They walked out of the courtroom together.   This was yesterday...

There's so much more to this, if I have peaked your interest.  My concern is the stress he is under.  He can't do anything about visitation now until at least April, when the jury trial is set.  If he is found guilty, which, technically he is, he will be looking at 1 - 5 yrs in prison.  Until then, he has a curfew and rules to follow, even though he is obviously not a flight risk, and he is paid in full.  Have you ever heard of a man going to prison for a 1st offense of this type even if he paid in full as soon as he became aware.  Do you know anybody who would be interested in this story?...or the case?  Better yet, do you have any advice?  As far as money is concerned, we are willing to be in debt to our eyeballs, and we have a big family to help us get out of this and form a relationship with the little girl.

thank you for your time,
Cindy Greenwell
Kentucky (did you guess :))
[email protected]

PS  You'd get a kick out of the courtroom in this town.  I wish I had a videotape of how they do things in the courtroom and behind closed doors.