Can a District Attorney defend and prosecute the same person at the same time against another person who she is also defending and prosecuting?
Ok, the way it went..my x husbands new girlfriend spent all night calling and leaving messages on my machine. I just let her call, “enough rope” and took her for a warrant, with the tape as proof. She returned the favor. Saying I had cussed her, which wasn’t so. So, she had no proof. But was still able to get a warrant. The D. A. of Smyth Co. told me that she was going to prosecute and defend both of us, at the same time. I asked, “how can you do that?”, her answer...she’d just walk from one side to the other. “No, I said, what I mean is, isn’t that a conflict of interest or something?” She said no. So, I asked what did she think would happen. She said we’d both probably be fined $500, with either 30 or 90 days to pay, if we didn’t, they would take our drivers license. So I just dropped it. It didn’t take a rocket scientist to figure out that she knew exactly what the judge would do. I didn’t have $5 dollars, much less $500. I wonder if I’m wrong? How can that be legal, or ethical?
The other thing that bothers me, a man owed me rent, he wouldn’t pay, I called him 3 times, texted him once, and called his mother once. I knew he had no intention of paying. But I felt like he had stolen off me. So I wasn’t going to drop it. I left one last message and told him if he didn’t pay me, I was going to take him to court. This time he called back. He said his uncle and his aunt are both magistrates in Smyth Co., they wouldn’t allow me to take him to court. I believe him. That’s the way things work in this town isn’t it? It’s a money racket. You can’t be right and win, anyone can do things to you and get away with it. No matter how innocent you are. You either have to know someone, or have alot of money to get justice in Marion.

Sorry, but your cyclical reference has resulted in an infinite loop.

Well Bonnie if you are renting this person a place to reside I assume you have a rental contract.  Just take it to the local law enforcement people and tell them you have a contract and you have not been paid.  If you are letting the person live there without and agreement shame on you.  This court business is just a waste of time.  Change your number or get rid of the land line and use your cell phone.  Also complain to the phone company about the calls.  If all else fails raise hell to someone in Richmond.  Eveybody works for someone.

63x

The phone calls from the new girlfriend were 5 years ago. It finally stopped. The boy who owes me money for rent had already moved out. He had promised to come back by and pay what he owed. I try hard to believe there is good in everyone. I would say that I’ll never do that again, but I will. I don’t think it’s right to take what others do to you out on someone else. Everybody deserves to be trusted. Don’t you agree?
On a personal note. Can I say that you are a brave soul. And you have my deepest respect. If you need a place to live when you get home...call me..I’ve got a nice trailor!!!!  I’ll even cut you some slack on the rent!  :coolsmile: STAY SAFE OVER THERE. AND COME HOME!!

On the rental problem, do not take it to the police, they are going to tell you that it is civil and they do not handle civil disputes unless the county serves warrant in debt, evictions and the like, but there has to be a legal paper from the court telling them to do so. Also, you go to the court house to secure the warrant for non-payment of a debt, not the magistrate, so that should take care of the family related magistrate problem.  The first problem you mentioned is a new one on me. I have never seen a prosecutor do both jobs at the same time and believe that the judge would not allow it to happen anyway. I think she did that to cause you to drop your warrant and not waste the courts time with what she considered trivial bickering.

Hi. I’ve never saw anything like that either. I was completely shocked that they could handle things that way. But she was serious. She was rude, and hateful. And I know that she considered it a silly, childish thing, that shouldn’t have been brought out to begin with. But to me it was a real problem. Not only had my marriage fallen apart, but I had suddenly became a target for torment. I tried to handle it with what little dignity I had left. I didn’t want to crawl down in the mud with them. So, I decided, If I take it to court, that will stop it once and for all. Answering machine tapes are admissible in court right? I had proof of what they were doing. I didn’t want to go that route, I didn’t want my name all over public court records for anyone and everyone to see. But I had to stop it. That’s what the system is there for. I told the magistrate that I was sure as soon as they saw I was taking them to court, they would take me for something. He told me that they wouldn’t if he was there! He must have been gone, because that’s exactly what they did. I had to hold up my right hand and swear I was telling the truth, so I assume she did the same, To a lie, She claimed I cussed her in the court house, which did not happened, and I had a witness that it didn’t happen, which, happened to be my mother. We all know how our mom’s will protect us, so I figured that they wouldn’t accept that my mother was telling the truth, I assumed that they would think she was lying to protect me. No-one listened to my tape by the way. So that’s how the situation came about. I can’t remember the d.a.’s name, and in fact I think she may have been the assistant d.a., but that is what she told me she would do, go from one side of the room to the other, defend her, come back across defend me. Can you picture that? How can you say someone is guilty and innocent of the exact same thing?! How could the d.a. say I didn’t cuss her, then go to her side and say, that woman cussed my client in the court house?! I was a little slow on the uptake I’ll admit, but I did figure out that, in Smyth Co. the system is a system all to itself. I knew that the d.a. knew exactly what the judge would do. And I knew that I wasn’t going to win, I was going to have to give Smyth Co. $500.00. For the privilege of being made a fool of. Is there any wonder I don’t want to go threw the same farce again? I’ll let the money my former tenant owes me go, I’ll lose again. But at least it won’t be on the court’s web page!!