dad in crisis

[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 redneck 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?

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.

[Kitty C.]

Holy cow..................

Talk about backwoods justice!  My first thought would be to check your state statutes in regards to failure to pay CS.  Then I'd be contacting the state attorney general's office.  This crap is as underhanded as you can get, including the possibility of it being illegal.  But in small jurisdictions like that, they tend to run things 'their' way, the hell with the 'law'.  You gotta go OVER their heads, or they will screw you every which way from Tuesday.

Start with the atty. general, but also contact the state bar and state judicial.  The powers that be need to know what's happening in their jurisdiction.

Another thought:  Got any TV stations around there who like to do investigative reporting?  Talk to them.  If there's been no gag order on the case, you could also write a flaming letter in the local papers, but tho it would make the public aware of the situation (public opinion goes a LONG way to sway public officials), it could also piss them off to the point that all he'd have to do is cross the street the wrong way and they'd throw him in the clink for God only knows how long.

I also think you need to find another atty. OUT of the area, preferably from a metro area, possibly knows about the 'good ol' boy' system they run there, and ain't afraid to take it head on.  What you need is a total change of venue because of SEVERE conflict of interests.

In the meantime, tell your fiance to grow eyes in the back of his head.  He's gonna need 'em!

[gr8Dad]

If I read this right, he is being threatened with 1 to 5 years of jail time for back child support that was PAID?  Okay, take it up a notch.  Contact the state police, and the county court (I believe the county court is who should be taking care of this to begin with).  You NEED to get this out of that juridiction.  Contact a lawyer that is NOT in that town.  It will cost you about 5K, but you can't afford to NOT have a decent attorney at this point.  And I hate to say this, but if your lawyer only charged $500, he is worthless.

[Astro]

HOMETOWNED!  Exactly what happened to me.  My ex had 4(!) lawyers from the local university (one the "head man in charge") and a GAL in cahoots with them.  Court was a FARCE.

Pay the money for a lawyer not intimidated by these people.  At this point it does not matter if you can't afford it.  Find a way.  If you end up in this court INSIST on a court reporter.  No ifs, ands or buts.  It is your right and do not let anyone tell you otherwise--make them accountable.  I didn't know this and regret it to this day.  Document everything--you will hear that over and over on this site and it is so true.  Start recording your phone calls and transcribe them.  If your state is a two party state then let everyone involved know that you will be doing this (look up the laws for your state).  

I have a similar story but won't make this post about me.  Get ready to fight.  I know that when you are going through this that it dominates your thoughts 90% of your waking hours--to the detriment of everything else no matter how good you are at compartmentalizing.  All I can say is arm yourself with all the information you possibly can about the laws in your state and stay sharp.

One other thing....  More than likely a GAL will (should?) be appointed to this case unless it is so far gone that they run the law like they want to.  If there is one appointed then make sure you don't badmouth the ex.  Make it all about the child (which it should be) and your wanting to be a positive influence in his/her life.  Be as positive as you can be.  Truly.

I don't post too terribly often on this site but I've been here daily for the last several years.  It has much information to offer--avail yourself of it.  I sincerely hope things work out for you.....

[cynthiann]

Just want to thank all who have responded.  I feel like we're on the right track now.  We've hired a lawyer in Lexington who's going to charge an arm and a leg, but he's real excited about putting this county back in it's place.  This courthouse is a mess, after the judges go to their chambers for hearings, most of the inmates talk themselves out of their handcuffs.  They goof off with the jailers and show off to their girlfriends sitting with us on the benches.  I spotted one inmate smoking a cigarette by the window behind the sleeping bailif.  The lawyers don't sit with their clients...they're goofing around with the prosecuters and defense attorneys and the other attorneys.  Of course they are all related in some way.  They have a 1 o'clock curfew for both children and adults, unless of course you happen to work for the city.  It's a small town straight out of a Steven King novel and the people who live there are so used to it that they don't know they're being wronged.  I can see this as being a good story for Dateline or 20/20.

Anyway, the Bar Association is sending a complaint form and the Attorney General hasn't contacted me back yet.

Our concern now is that they are going to do everything they can to straighten up when our lawyer starts poking around, and nobody from the outside is going to see what's going on.