Missed Court

[pioneer]

What is the name of your state (only U.S. law)? Indiana

I dont know if im in the right area Ive never delt with this stuff at this level. Years ago I filed for disability (indiana is serverly backlogged in cases). I have been doing follow ups regularly (every 2-4 months) with my county prosecutor due to owing child support for my son in another state, also due to some new programs in Vocational Rehabilitation I recently decided to go BACK through it again. Which I have been doing. So all seems well.

So back in aug 2008, while our main prosecutor was out due to injury. I met with the replacement (who happened to be his partner). I turned in everything and they were happy to also see id been able to get into the vocational program so all was looking great. Then came my next update at begining of december. Which was going to be even better news cause Im being put in the process of a home job online and my vocational rep wrote a whole letter to the court about it. So I was all excited.

My appointment urr time to see them was at 9:15am (remember this is about child support but they are needing updates as to whats going on with things). So I get there and wait and wait and wait and they never call me. By noon time I finally ask the secretary whats going on (shes the one who calls names) she said "ohh the prosecutor wants you to see the judge". Well I cant be there past 1pm as I have no way home, we have no cabs, no taxis, and I dont drive (health issues which the prosecutor knows). My ride HAD to leave by 1pm (we live in a small town nearest city is 60 miles away). So I asked her if there was something we could do as I have been there by that time over 3 hours. Plus they had a case going that was going to be going till WELL into the afternoon. She said no. So I waited till 1pm.

At 1pm I left, which was at that time just 15 minutes after I talked to her. (if your keeping track I was just short of being in a hallway for 4 hours). I then went to the prosecutors office and had copies and things made of everything (I also had the office people sign that they recieved the work). I also wrote a note explaining things and asked if we could set up another day.

Now the next day I tried again calling and left msgs and no callbacks, I did all I could. Then last week before christmas (about 5 days after court) a officer showed up and served me papers saying I am in contempt and I have court in 3 weeks.

Now due to my health issues (which they are aware of) and my situation with rides and driving (again something they are of). Why did they not tell me or let me know I was to see a judge. All I got was a business card (like I normally do) stating my time im to see the county prosecutor. Why did they not call me back? why did they ignore my calls?

What they do around here is they set like x amount of people in 15 minute time blocks and they call names as they get through things. I have been doing my part of things and even gone the extra mile and yet now im having to go to court to be treated like a criminal for that day. I have no idea what to do or even who to talk to. I am extremly broke.What is the name of your state (only U.S. law)?

 

[FlyingRon]

People are summoned to court all the time without being criminals. Your "inconvenience" and feelings aren't going to sway things with the judge. While you were probably under no obligation to hang around during a meeting with the prosecutor to go make an apppearance, now that you have been served you must go.

It sounds like the prosecutor was trying to do you a favor and you walked out on him. He's not obligated to coddle you further.

You may have had some bad breaks, but in fact, you are a criminal.

 

[Mikef6301]

Flying Ron,

I don't read anywhere in pioneer's post that he's been convicted of anything and therefore I don't understand why you are calling him a criminal. Pioneer - I would enquire about some sort of legal aid to help you navigate through this. If you can obtain some sort of representation then prehaps you can attend some of the meetings via phone. Making you wait 4 hours in a courthouse isn't helping you to find a job, or pay child support.

 

[pioneer]

well heres the update and boy was it a shocker ... I got to court and before the meeting with the judge, the county prosecutor wanted to have a "talk with me" he was for some reason in a bad mood. He told me that He doesnt have to say this and that, and if he chooses he can have me put in jail and if I dont follow his word. I was in my head like what is going on. Then he said to me "do you understand?" I was like yes I understand but, I have a couple questions he said NO QUESTIONS THATS HOW IT IS. Then said he said, "Go wait in the lobby and you will be called". So without saying a word I left.

About 45 minutes later I was called to come in. We went though our name and blah blah. The county prosecutor said he had ordered me to show up at such and such date and I failed to. He said I have made no effort to solve my support problems and he goes though about how my issues based on filing for disability is a stall tatic.

Not knowing what to do I was screaming in my veins, I remained calm but when the judge asked me about why I have not done whats required of me. I said, first off, I Have done and just happened to have copies from my Vocational Rehabilitation counselor, as well as letters from my disability lawyer and copies shown how they have ALL verbally spoken directly with the county prosecutor himself (not his assistants) explaing things and whats being done.

The judge then asked the county prosecutor was all this correct and the county prosecutor said he seemed to have "misplaced" some of the forms (he was looking as he was talking) but was aware of my status. The judge then asked why all of this was necessary to the county prosecutor. He repied to the judge that this case has been going for a while (then he refered to some form) and there needs to be some order (i forgot the name) so it can be enforced.

The judge replied back, I think with his conditions and what steps hes taking is showing hes serious about wanting to resolve this. Then the judge looks over at me, I dont want you to prove me wrong. He said I am pleased you have steped up, I have family whos gone into vocational rehabilitation and I hope you will take this time to make sure that you will continue to get your life on track.

So With that there will be a follow up in 6 months, all I can say is I was lucky but at the same time I think the judge saw what was going on here. That im truley doing something and have been for sometime and there was no need for all this other stuff and it couldve have avoided. I know the county prosecutor is pissed but to be honest, it made my day seeing him get questioned on his actions toward me. Atleast I wont have to deal with him anymore. It just proves really trying does work. (also prayers to god )