Why is it that none of these guys charged with felony nonpayment of support in these insane midwestern states ever cite the Antipeonage Act and move for dismissal of the charge?
When defending someone charged with a felony, it is at least worth a try.
Why do you think the Washington Legislature has yet to enact a new criminal nonsupport law? The old one was tossed on void for vagueness grounds back in 1984.
You see, when you respond to such a prosecution by pleading the Antipeonage Act, what you are really saying to the prosecutor is “You’re the one committing the felony, asshole!”
Duh.
One of the big handicaps we have in Washington, California, and Hawaii with pleading the Antipeonage Act OR ANY OTHER ISSUE in challenging the Child Support Crusade is precisely the fact that we don’t have felony nonsupport statutes, and therefore no felony prosecutions to respond to with the claim that such prosecution is declared null and void by the Antipeonage Act.
We only have civil contempt and we all know that the purpose of civil contempt is to provide mandacious judges and mommies’ attorneys with all kinds of games where they put the noncustodial parent into the position of “fighting a ghost”. This includes hitting us with sanctions for raising a “frivolous” issue for daring to plead the Antipeonage Act or suggest that we are protected by the same state constitution and the same US Constitution that protects everyone else. Of course such arguments are clearly not frivolous.
One of our incentives for pleading the Antipeonage Act and any other argument we can think of is to keep our Legislatures in Olympia, Sacramento, and Honolulu from passing felony nonsupport statutes like we have in Michigan and whichever state Coshocton County is a part of.
Where there are such felony nonsupport laws and prosecutions, the defense bar has the golden opportunity to STICK IT to the tyrants by pleading the Antipeonage Act.
IN EVERY CASE!!!!
Counsel representing criminal defendants are NOT sanctioned for raising “frivolous” issues, however frivolous such issues may be.
It. Doesn’t. Happen.
Interfere with a criminal defendant’s right to counsel who will AGGRESIVELY defend him of the charge by sanctioning the attorney for doing his job?
The first judge who does it will be the last judge who does it.
Please forgive me for finding this so frustrating.
"Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed."
–Dwight David Eisenhower, “The Chance for Peace,” speech given to the American Society of Newspaper Editors, Apr. 16, 1953.
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