COURTS NOT OF RECORD: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS.

02-046
COURTS NOT OF RECORD: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS.
Juvenile court has no authority to appoint counsel for child who is subject of abuse and neglect, entrustment agreement, or petition for termination of residual parental rights, but must appoint guardian ad litem for such child.

Juvenile court has no authority to appoint guardian ad litem for juvenile defendant, in addition to appointment of legal counsel, to represent child in delinquency, child in need of services, or child in need of supervision proceeding.

Juvenile court has no authority to appoint guardian ad litem, in addition to appointment of legal counsel, to represent parent, guardian or other adult charged with abuse or neglect of child or parent or guardian who would be subjected to loss of residual parental rights.

In cases other than abuse and neglect, entrustment agreements, termination of parental rights, delinquency, or child in need of services or supervision, juvenile court may appoint either counsel or guardian ad litem, but not both.

click here to read more, also if you can't find the pdf let me know I have a copy..

Virginia: Lawnmower Rider Could Become $2750 Remedial Fee Victim

When I read this story I just couldn't believe it. I guess the state is in need for money. That of Va just love to make up new stupid laws to rip off their Citizens. Sometime I think the Federal Gov't should indicted VA under the Rico Act.

---

Virginia: Lawnmower Rider Could Become $2750 Remedial Fee Victim
A man accused of lawnmower DUI could fall under the so-called abusive driver law and pay a minimum $2750 in fines and spend 20 days in jail.

A Waynesboro, Virginia handyman could declared a "dangerous driver" for the crime of riding a lawnmower after drinking a few beers. Glenn Bowers, 46, was arrested Wednesday while riding home with his dog after completing a lawn cutting job. Police stopped the Craftsman lawnmower, which has a top speed of 6 MPH, on Waynesboro Street. They subjected Bowers to sobriety tests with a breathalyzer machine ultimately claiming Bowers scored a .24 blood alcohol content (BAC) reading. If found guilty, Bowers would pay a mandatory minimum of $2750 in fines and spend 20 days in jail.

"I think it's a bunch of [expletive], if you want my opinion," he told the News Virginian newspaper.

On May 7, 2003, Bowers was accused and subsequently convicted of lawnmower DUI. The Waynesboro General District Court sentenced Bowers to 30 days in jail and fined him $551. His driver's license was not suspended, because Bowers does not have one.

That means Wednesday's lawnmower incident represents a second DUI with a BAC in excess of .20. For this charge, Virginia imposes a number of mandatory punishments, including a mandatory minimum sentence of 20 days in jail, a $500 mandatory minimum fine, and he must place an alcohol ignition interlock on his lawnmower (Virginia Code Section 18.2-270). Bowers would also be subject to a mandatory $2250 civil remedial fee (fee details) as a so-called abusive driver. A judge has the discretion to increase these penalties to a year in jail and $4750 in fines, but he may not reduce them.

Bowers already paid $65 for the release of his lawnmower from the police impound lot.

Source: Waynesboro man charged with DUI on lawnmower (Waynesboro News Virginian (VA), 8/4/2007)

17-year-old charged in teen's homicide may be tried as adult

Now nice in VA if you are 14-17 you can be tried as adult but you can't consent to have sex with another the same age or over 18.

I wonder what judge was assigned to his arraignment, no less by Video, I guess the sheriff"s office had some cut back, unable to drive these defendants less then two blocks to the courthouse.

Chesapeake Commonwealth's Attorney Nancy Parr says, "Under the law in Virginia anybody over the age of 14 who's charged with murder or rape will be tried as an adult after they have a preliminary hearing in juvenile court." She went on to say, "If the court determines probable cause he will be transferred over to the Circuit Court and tried as an adult."

Also if it is the law, by even bother having a hearing in JDR court anyway. I guess that could also save money. Also if this is law then they would have an arraignment it would be a Probable Cause hearing then. So I ask which is it, was it an arraignment where one is informed of their's rights, or was it a probable cause hearing, was his lawyer there, if not then it was just an arraignment. So when does his Probable Cause hearing in JDR Take place..

---

CHESAPEAKE, VA (WAVY.com) -- A 17-year-old charged in the shooting death of 18-year-old Lonnie Andrews, Jr., appeared at a video arraignment this morning in Chesapeake Juvenile and Domestic Relations Court.

The teen's parents stood before a judge as he heard the charges: Murder and Use of a Firearm.

Chesapeake Commonwealth's Attorney Nancy Parr says, "Under the law in Virginia anybody over the age of 14 who's charged with murder or rape will be tried as an adult after they have a preliminary hearing in juvenile court." She went on to say, "If the court determines probable cause he will be transferred over to the Circuit Court and tried as an adult."

The teen's father, who didn't want to reveal his name, tells WAVY.com, "I'm so sorry this happened. This is something I feel like could have been prevented and everything's going to come out. Just don't make judgements on any one of those young men. Just wait until the facts come out then make a judgement."

Also in the court was the victim's mother Marie Abbott, who said afterwards she just wants "justice for my son." She said nothing good can come from this for either family.

The teen remains held at a juvenile detention facility in Chesapeake. A preliminary hearing in the case is set for July 22.

Andrews was an Oscar Smith High School graduate who planned to attend Virginia State University in the fall on a full football scholarship. He was killed early Tuesday morning.

War in Virginia and U.S. against Native American's

Barry Carter barryc@indigenousway.net

There is a war going in the state of Virginia and the United States against Native Americans. Virginia is on the front lines of this war and Prince William county is the front lines in VA.

There are 70,000 Native Americans under attack as I write.

In 2008 over two dozen anti-Native American bills were passed by the Virginia State legislature.

---

Very Interesting blog article, you can read more here, Click to go to site.

Virginia is getting like England, they think they can rule the world.

VA Senate passes gas tax increase

By BOB LEWIS and LARRY O'DELL
Associated Press Writers

RICHMOND, Va. (AP) -- Virginia's midsummer legislative quest for transportation funding will linger into July.

The state Senate approved a Democratic-backed 6-cents-per-gallon gas tax increase Wednesday, while the House pushed back its first committee vote on Gov. Timothy M. Kaine's highway funding bill at least until Thursday.

Either measure would raise about $1 billion a year, and both face likely defeat in a House of Delegates controlled by anti-tax Republicans. But with lawmakers recessing Thursday for four days, the earliest the full House can address either bill would be Tuesday.

---

How nice, with gas prices being so high, the Fucking Assholes in the VA Senate votes and pass a gas tax increase. Proof the these assholes only think of themselves. I'm shock they haven't try to pass a breathing tax yet. 1 cent for every breath

Suit greenlighted by appeal wraps up with settlement

Ryan Taboada and his family checked into a Roanoke hotel on March 27, 2003. When he went outside to get his luggage, a man shot him eight times and stole his van with his 3-year-old daughter still inside.

This week, a Roanoke judge signed an order dismissing the $3 million lawsuit Taboada filed against the owners of Holiday Inn Express on Gainsboro Road, saying the two sides "have compromised and settled their differences."

In between came a decision by the Supreme Court of Virginia that changed the law governing the obligations of innkeepers to their guests.

Alan Gnapp, lawyer for Daly Seven Inc., the company that owns the hotel, declined to comment about the settlement, as did Taboada's lawyer, S.D. Roberts "Rabbit" Moore.

But Richard Samet, a Richmond defense lawyer who has written a legal article on the Taboada case, said the state supreme court decision so broadened the liability of innkeepers that "I don't see how it could not have had an effect on the mediation and settlement of the case."

Virginia Beach lawyer and legal expert Steven Emmert suggested that the high court's precedent-setting decision could have been influenced by the egregiousness of what happened to Taboada. "It was a horrifying situation," he said.

A Florida businessman, Taboada and his family were in town visiting a cousin. When Derrick W. Smith sprayed him with gunfire, it left him temporarily paralyzed, with two collapsed lungs. His daughter was rescued minutes later unharmed after Smith wrecked while being chased by police.

In his lawsuit against the hotel, filed before Smith received a 76-year prison sentence, Taboada accused Daly Seven of cutting back on security at the hotel despite knowing that it operated in a high-crime area and that guests could be in danger of assault.

Daly Seven argued that the company couldn't be held liable because there was no way for the hotel to know Taboada was going to be attacked, and Roanoke Circuit Court Judge Clifford Weckstein agreed.

Taboada appealed, and in 2006 the Virginia Supreme Court unanimously overturned Weckstein's decision, saying Taboada's lawsuit could go forward. The justices ruled that an innkeeper has a duty to protect the safety of guests akin to that of trains and airplanes toward their passengers, and that Daly Seven should have known Taboada could be in danger because of the number of crimes and incidents that had already taken place on the property.

---

The Judges in VA are running amuck, I tell you these fucking judges are only looking after themselves. That is why we need to judicial reform in VA. All Judges should be elected, not appointed by their friends in the Legislator. What will be and who will be next to be abuse by these fucking assholes.

Old Story but a good one

Drug bust leads to huge police corruption probe

(CNN) -- The investigation that exposed an allegedly corrupt Virginia sheriff's department began with a package containing vials of a date-rape drug.

Although Drug Enforcement Administration agents didn't know it at the time, the package was shipped to a house that belonged to a sergeant with the Henry County Sheriff's Office.

According to a grand jury indictment, the DEA intercepted the package, delivered it undercover and arrested self-described middleman William Randall Reed in March 2005. Reed agreed to cooperate and quickly pointed the finger at Sgt. James Allen Vaught.

Reed said he paid Vaught with cash and Ketamine, the so-called date rape drug, to use the house as a drug drop. The house also was used by other members of the sheriff's office for parties and extramarital trysts, the federal indictment states.

Reed also told authorities that he had helped Vaught sell cocaine the deputy had seized from a suspect.

Vaught resigned from the department soon after Reed's arrest and, a few months later, agreed to cooperate with investigators. He admitted to Reed's allegations and agreed to wear a wire to record conversations with his former colleagues.

The result was a 48-count indictment unsealed Thursday with the arrests of longtime Sheriff Harold Franklin Cassell and 17 others. A dozen of them wore or had worn the uniform of the Henry County Sheriff's Office. (Watch a prosecutor describe 'disgraceful' corruption -- 2:13 )

Some of them are accused of stealing cocaine, marijuana and weapons from suspects and the sheriff's evidence property room and selling the contraband to criminals, who put it back on the street.

Others are accused of distributing steroids and weapons, including a machine gun with an obliterated serial number.

The indictment says the corruption had been going on since 1998.

"These were drugs and guns that were seized as part of their law enforcement duties that were then stolen from the property room and put back out on the streets," U.S. Attorney John L. Brownlee said.

"You have law enforcement [officers] risking their lives to take these guns off the streets and then a very few members of law enforcement putting them right back out there."

Cassell was elected sheriff of county, population 58,000, in 1992. His department employs 122 people, 96 of them sworn law enforcement officers.

Today, in the wake of the indictment, the sheriff's office is being run by the Virginia State police.

Besides the sheriff, those named in the indictment include a captain, three sergeants, eight deputies -- including two vice officers -- a former employee of the U.S. postal service and a former probation officer.

One deputy, Walter R. Hairston, allegedly gave Vaught marijuana and cocaine he used to train the department's drug-sniffing dogs. The contraband was then sold, the indictment says.

According to the indictment, the DEA called to report a drug shipment to a "Brad Martin's house" in 2001. The call was taken by Martin, a sheriff's deputy.

Martin, Hairston and four other deputies, along with alleged drug dealer Wilbert Herman Brown, are accused in the indictment of racketeering. They allegedly made up a corrupt organization that stole and distributed drugs, including crack cocaine, and obstructed justice.

Cassell was told by authorities about the shipment to Martin's house, as well as other allegations of illegal activity in the department, and did nothing, the indictment alleges.

Instead, according to the indictment, Cassell tipped off targets of the investigation, lied to investigators and helped Vaught launder drug profits.

Henry County, hard against the North Carolina line in Virginia's southern Piedmont region, is perhaps best known for the Martinsville Speedway, where NASCAR races are held twice a year. It used to boast it was the "sweatshirt capital of the world," according to The Associated Press.

The county's textile and furniture industries have seen better times, and its unemployment rate is higher than the state average.

DNA Denied in murder case in Chesapeake, VA

Chesapeake

James Boughton Jr.'s defense attorney said he is developing "credible evidence " that points to another person as the gunman who shot two Mormon missionaries in Deep Creek in January 2006.

Another person was with Boughton the night a missionary was killed and another was wounded, but that person was ruled out by police as the shooter.

Without a witness to positively identify the shooter, DNA evidence will play a crucial role in the case, said Andrew Sacks, Boughton's defense attorney.

Sacks and Boughton were in Chesapeake Circuit Court on Friday, asking for a DNA expert to be appointed for the defense. Judge Randy Smith denied the request.

Boughton is expected to stand trial Jan. 22 on charges of first-degree murder, malicious wounding, attempted malicious wounding and three firearm charges. The trial, delayed twice primarily due to a change in defense attorneys, is expected to last about nine days.

Morgan W. Young, 21, of Bountiful, Utah, and Joshua Heidbrink, 19, of Greeley, Colo., were walking door-to-door on Elkhart Street in Chesapeake when they were shot. Young was killed.

Sacks argued that no one identified Boughton as the shooter. Boughton, who turns 21 this month, never confessed.

"This is a case basically built on circumstantial evidence alone …'' Sacks said in asking for DNA assistance. "If you remove the DNA from this case, I'm not sure you could present it to a jury."

Commonwealth's Attorney Nancy Parr and Deputy Commonwealth's Attorney D.J. Hansen opposed the defense request. Sacks said he would renew the motion for DNA help for Boughton at a later date.

"His guilt or innocence may hinge on that evidence," he said.

According to testimony during a preliminary hearing last year, on the night of the shootings, an unrelated confrontation was unfolding on Elkhart Street away from Heidbrink and Young. The two missionaries were talking to a man on the street.

Minutes later they heard a gunshot. They looked down the street toward the noise and saw a man holding a gun . The gunman, whose head was covered by a dark hoodie, ran toward them.

Young and Heidbrink raised their hands and told the gunman, "We didn't see anything."

Both men were shot; the gunman fled.

I wonder why this sorry ass judge denied the request, however if this defendant was a young white male the judge would have approve this request. I can only hope his lawyer appeal this ruling. I can say that all the judges in Chesapeake should be kick to the curb. Most are completely bias against blacks and in JDR court against fathers.

An Update to a another Post

I forgot to mention that Her Lawyer Heather B Crook, also want the judge to rewrite federal laws. She wanted to the judge to order that I couldn't sell or transfer my income from my mother death unless it was to my son. I told her in court that if was to die that minute he still won't get it. You may be asking why. Yes, He is my next of kin. But that income was from the death of my father. The Settlement called for it to go to his next of kin, My sister and I. If either one of us die and we don't have a will it goes to the last survivor living that was named in the court settlement papers.

I know this because it took us almost a year to find the settlement that was filed with the courts.

Politics' role in selecting judges condemned, defended

Virginia remains the only state in the nation in which the legislature - specifically the majority party - wields all the power in the judicial selection process.

That has made appointing judges a perk and an opportunity for patronage.

According to state campaign finance records, some judges appointed to the local trial courts - or their family members - made hefty campaign contributions to the legislators who picked them. Most donations occurred in the years just prior to their nominations.

(Read Entire Story)

VA DSCE Fact Sheet 2005

Check out the bold text

VIRGINIA CHILD SUPPORT ENFORCEMENT PROGRAM 2005 Fact Sheet
The Division of Child Support Enforcement (DCSE) collected a record $561 million in SFY05, (a 5% increase over the previous year); $534 million in SFY04 (increase of 5.5%); and $506 million in SFY03.

Virginia’s Child Support Enforcement caseload includes 363,000 cases and 484,000 children. These children represent almost one-quarter of Virginia’s child population and are owed $2.2 billion in past due child support.

As the first state to subpoena cell phone records in order to locate delinquent parents, Virginia is seeking innovative ways to provide child support for the children of the Commonwealth. While continuing to seek agreements with cell phone companies for a more effective matching process, DCSE has issued 2,030 subpoenas on non-custodial parents. Locate information has been received at an impressive success rate of 40-50% of the subpoenas issued.

see big brother in every part of your life.. to stop this, get pre paid cells. no names no personal information.

The Division has established an interactive Web application. This Web page, which provides updated payment and case information to custodial and noncustodial parents, gives DCSE customers another method, in addition to the telephone and office visits, of accessing information. Over 7,000 customers visit the site each day. In addition, DCSE's website provides helpful links to Virginia's New Hire Reporting Center and the Department of Labor and Industry. The Web address is www.dss.state.va.us/dcse.case/. Only a few other states have achieved this enhanced level of customer services.

DCSE's Home Office Customer Services Unit established a national toll-free telephone number dedicated to employer inquiries in 2002 and continues to respond to more than 100,000 calls per year. The dedicated employer line has proved to be a vital tool in the implementation of the National Medical Support Notice. Workers who respond on this line also encourage employers to consider electronic transmission of child support deductions to DCSE.

Virginia’s continuous attention to its Undistributed Collections (UDC) balance achieved a balance of 1.59% in September 2005. (All states carry legitimate UDC balances stemming from federal tax offsets, future payments, etc.) Virginia is a leader in the Nation in addressing this issue.

DCSE has stepped-up its encouragement that customers avail themselves of Direct Deposit. In September 2001, Virginia’s child support electronic disbursement of payments represented 36% of total payments. In September 2005, 56% of all disbursements were electronic. Virginia DCSE continues to use mass mailings and other means to encourage enrollment.

Of more than 1.76 million new hires in the Commonwealth in SFY05, there were 83,520 that matched cases with unpaid child support, a match rate of 4.7%. Since its inception in 1993, approximately $89.8 million has been collected as a direct result of new hire reporting. Virginia was the pilot state for New Hire Reporting.

Since it was initiated in 1995, the Virginia Drivers License Suspension Program has resulted in collections of over $236.6 million in delinquent child support, with more than 3,500 licenses actually suspended.

Virginia was one of the first two states in the Nation to receive unconditional federal certification of its automated child support system.

Virginia collected $7.00 for every dollar spent in SFY05, which exceeds the maximum federal cost effectiveness goal by $2.00. Virginia’s Child Support Enforcement Program is a very cost-effective operation.

Virginia continues to explore new methods of enforcing child support obligations such as joining the Child Support Lien Network to intercept insurance settlements of delinquent parents and increasing the seizure of assets such as bank accounts.

Here if you get hurt in a accident the child get the money first, then what ever is left you get, VA doesn't care if the NCP: has a home or a jod, they only what your money...

In addition to the direct benefits to children measured in child support delivered, DCSE also avoids costs to taxpayers by contributing to the overall income of families, fostering self-sufficiency and less dependency on public assistance programs. One measure used by the Federal Government for this “cost avoidance” is Percent of TANF Cases Closed with a Child Support Collection. For FFY04, Virginia DCSE was #1 in the Nation on this performance measure at 57.2%!

The Virginia $4Kids Program allows child support payments to be made through the DCSE website or by toll-free phone call. Information on this initiative is posted on the New Hire website: https://newhirereporting.com/vanewhire/ default.asp. Posters in field offices advertise the program which is free to both employers and non-custodial parents.

Innovative methods of payment allow child support to be paid electronically. Non-custodial parents can pay through their bank’s on-line bill payment service. Also, payments may be made through any Western Union agent for those parents who may not have bank accounts.

This is to help them find your bank account and credit cards numbers

A new initiative to publicize delinquent non-custodial parents with outstanding capias warrants was launched in 2005. Pictures of non-custodial parents were advertised in the Norfolk Virginian-Pilot (twice), the Roanoke Times, and the Richmond Times-Dispatch. Additional ads are currently scheduled for the Richmond Voice and the Chesterfield Observer. Results continue to come in but, to date, 63 non-custodial parents have been arrested, 21 income withholdings with annual child support totaling $71,680 have been issued, and lump sum payments totaling $52,179 have been received. Additional non-custodial parents have been located as a result of this initiative and enforcement actions are on-going.