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Judge Michael F. Devine
Posted by: jasmine ()
Date: March 09, 2015 03:29PM

Have you been falsely accused by Fairfax or pushed into a plea deal or wrongfully prosecuted by Michael F. Devine? Please write back or inbox me.



Edited 1 time(s). Last edit at 03/18/2015 04:00AM by jasmine.

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Re: Michael Devine
Posted by: Robert Falkner ()
Date: March 09, 2015 03:38PM

My name is Robert Falkner, a lot of media is false, I Robert Falkner have been falsely accused in the media, anyone can write these stories and have been found false by court documents. Any blog coincides with Google. Please contact me if you have been wrongfully accused in the media.

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Re: Judge Michael F. Devine
Posted by: jasmine ()
Date: March 18, 2015 04:06AM

Well, there is justice (we'll see) after all...
Judge Michael F . Devine and a number of employees of fairfax county are being investigated, more to come Monday...

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Re: Judge Michael F. Devine
Posted by: Weirdpost ()
Date: March 18, 2015 08:21AM

Another weird post designed to harass someone? You do know judges don't prosecute people right?

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Re: Judge Michael F. Devine
Posted by: jasmine ()
Date: March 18, 2015 02:52PM

Obviously a few shady state prosecutors are involved..

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Re: Judge Michael F. Devine
Posted by: interested somewhat ()
Date: March 18, 2015 05:56PM

What if it wasn't judge Devine but another Fairfax Co judge?

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Re: Judge Michael F. Devine
Posted by: buyer's remorse ()
Date: March 18, 2015 06:09PM

Judges don't prosecute anyone.

If you took a plea deal in a criminal case, it was offered to you by the Commonwealth's Attorney's office.

You have the option to reject a plea deal and proceed to trial, but if you do and you lose, the full, steaming weight of the law will be shat upon you.

It sounds like someone took a plea deal and subsequently had buyer's remorse.

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Re: Judge Michael F. Devine
Posted by: interested somewhat ()
Date: March 18, 2015 06:21PM

I won't give many details, but by the time my case came to the plea deal, something that I had been arrested for had become illegal. In between the time of my arrest and said "plea deal" (lengthened by the court repeatedly continuing the case since the lab results weren't conducted), the Analogue Act had been passed. The passing of this act made something that was factually LEGAL to possess in April 2012... ILLEGAL to possess 2-3 months later.

So no, not buyer's remorse. More so a dysfunctional NON-court appointed attorney too busy dealing with his own family issues to properly research my case.

As a result, the DA as well as the Judge should both be held equally responsible. I was illegally charged for a crime that was not committed.

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Re: Judge Michael F. Devine
Posted by: Elasticity ()
Date: March 18, 2015 07:24PM

interested somewhat Wrote:
-------------------------------------------------------
> I won't give many details, but by the time my case
> came to the plea deal, something that I had been
> arrested for had become illegal. In between the
> time of my arrest and said "plea deal" (lengthened
> by the court repeatedly continuing the case since
> the lab results weren't conducted), the Analogue
> Act had been passed. The passing of this act made
> something that was factually LEGAL to possess in
> April 2012... ILLEGAL to possess 2-3 months
> later.


The Analogue Act is meant to cover unscheduled analogs. So an ex post facto claim is tricky under this law. In particular, it would appear to be an uphill battle in the Fourth Circuit.

Eg,

"The very purpose of the statute, which is to prevent development of new drugs by underground chemists attempting to create new drugs that are not scheduled, necessitates some elasticity and prevents a specific listing of chemical analogues. This important legislation illustrates the futility of relying upon attempts to control the importation of existing controlled substances, when domestic underground chemists can create synthetic ones with the potential to be equally, or more, dangerous. The language of the statute provides specific restraints on law enforcement when it defines a controlled substance analogue and requires that it be intended for human consumption. Accordingly, the Court FINDS that the Analogue Act is not unconstitutionally vague on its face."

United States v. Kleckler, 228 F. Supp 2d 720, 726 (E.D.Va. 2002), aff’d 348 F.3d 69 (4th Cir. 2003)

E.D. Va. Kleckler opinion: http://law.justia.com/cases/federal/district-courts/FSupp2/228/720/2413757/ (addresses and rejects ex post facto claim)

4th Cir. Kleckler opinion, affirming lower court: http://openjurist.org/348/f3d/69/united-states-v-klecker

I tend to agree with this remark in a commentary on the Canadian version of the law: "the Act’s highly subjective definition of “analogue” [is] a remarkably elastic and adaptable device. Highly useful from a regulatory standpoint—dangerously arbitrary when embedded in criminal law." http://isomerdesign.com/Cdsa/definitions.php?structure=C

But, as has been said, "it is what it is"

Good luck.

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Re: Judge Michael F. Devine
Posted by: interested somewhat ()
Date: March 18, 2015 08:29PM

Elasticity Wrote:
-------------------------------------------------------
> interested somewhat Wrote:
> --------------------------------------------------
> -----
> > I won't give many details, but by the time my
> case
> > came to the plea deal, something that I had
> been
> > arrested for had become illegal. In between
> the
> > time of my arrest and said "plea deal"
> (lengthened
> > by the court repeatedly continuing the case
> since
> > the lab results weren't conducted), the
> Analogue
> > Act had been passed. The passing of this act
> made
> > something that was factually LEGAL to possess
> in
> > April 2012... ILLEGAL to possess 2-3 months
> > later.
>
>
> The Analogue Act is meant to cover unscheduled
> analogs. So an ex post facto claim is tricky
> under this law. In particular, it would appear to
> be an uphill battle in the Fourth Circuit.
>
> Eg,
>
> "The very purpose of the statute, which is to
> prevent development of new drugs by underground
> chemists attempting to create new drugs that are
> not scheduled, necessitates some elasticity and
> prevents a specific listing of chemical analogues.
> This important legislation illustrates the
> futility of relying upon attempts to control the
> importation of existing controlled substances,
> when domestic underground chemists can create
> synthetic ones with the potential to be equally,
> or more, dangerous. The language of the statute
> provides specific restraints on law enforcement
> when it defines a controlled substance analogue
> and requires that it be intended for human
> consumption. Accordingly, the Court FINDS that the
> Analogue Act is not unconstitutionally vague on
> its face."
>
> United States v. Kleckler, 228 F. Supp 2d 720, 726
> (E.D.Va. 2002), aff’d 348 F.3d 69 (4th Cir.
> 2003)
>
> E.D. Va. Kleckler opinion:
> http://law.justia.com/cases/federal/district-court
> s/FSupp2/228/720/2413757/ (addresses and rejects
> ex post facto claim)
>
> 4th Cir. Kleckler opinion, affirming lower court:
> http://openjurist.org/348/f3d/69/united-states-v-k
> lecker
>
> I tend to agree with this remark in a commentary
> on the Canadian version of the law: "the Act’s
> highly subjective definition of “analogue”
> [is] a remarkably elastic and adaptable device.
> Highly useful from a regulatory
> standpoint—dangerously arbitrary when embedded
> in criminal law."
> http://isomerdesign.com/Cdsa/definitions.php?struc
> ture=C
>
> But, as has been said, "it is what it is"
>
> Good luck.


Interesting read, thanks for the link. My hope is to have the charge dropped under the ex post facto guidelines.

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Re: Judge Michael F. Devine
Posted by: david carter ()
Date: May 18, 2015 09:12PM

My nephew got in a heated argument the gun went off it hit his wife then turned the gun on himself. He's in jail waiting for trail. I have no problem him being denied bail but he hasn't been found guilty. So why is he not getting the proper care? I don't understand why you had no compassion to his well being unless you already placed judgment on him.

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Re: Judge Michael F. Devine
Posted by: Innovate ()
Date: May 18, 2015 09:33PM

Sounds like someone got popped with some spice. Funny thing is that spice (and all its cousins) are a product of the drug war. So is the high grade pot. Even homemade coke submarines and fast boats. Funny how making something illegal causes ppl to innovate, for better or worse.

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Re: Judge Michael F. Devine
Posted by: Unrelated herein ()
Date: May 19, 2015 07:50AM

Largely unrelated to most of this thread, but...

Drug war has been making a lot of people a lot of money...

Makes the criminals rich if they don't get caught, makes the people staffing the government arm of the drug war rich, gets politicians elected with their "tough on drugs" stance.

Costs taxpayers a sh**load.

Bottom line is drugs don't make people f-ups (many successful people use), f'ed up people will be f-ups no matter what.

That is the way a free market society should, and does, work.

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Re: Judge Michael F. Devine
Posted by: some more info ()
Date: May 19, 2015 01:02PM

Ill give credit where it is due...
had Been on fel probation w devine.
new fel charge that i slid out from under.
came back Again with another new felony (i know...what can i say...im remarkable), he could have slayed me, but said "i dont know what more i can do for you...it seems you just do what you want to do regardless of the law (at the time id say that was accurate)...im going to terminate your probation...if i was you, i would hope to never come before me again.

He had a lot of leeway to choose what to do with me....but he gave me a chance with a hell of a warning.

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Re: Judge Michael F. Devine
Posted by: some more info ()
Date: May 19, 2015 01:04PM

If i could, i would thank him. Havent been back since.

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Re: Judge Michael F. Devine
Posted by: DCLegal ()
Date: August 13, 2017 09:16AM

Michael Divine was not a prosecutor. He was a defense attorney before becomign a judge and I have known him for years. I would say he is a stand up guy.

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Re: Judge Michael F. Devine
Posted by: jyc3v ()
Date: August 13, 2017 09:15PM

if he was worth a crap you'd hear hell break loose about legal liability of fx co "gov" spending billions yearly on FCPS and illegals

you don't

he's a democrat plant - growing like a weed i imagine

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Re: Judge Michael F. Devine
Posted by: investigator ()
Date: March 29, 2018 03:02PM

Why Was Judge Devine bein investigated? Share the Court case #s.

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Re: Judge Michael F. Devine
Posted by: eval ()
Date: March 29, 2018 03:31PM

See Judge Devine's performance evaluation results starting at Page 33 at https://rga.lis.virginia.gov/Published/2017/RD533/PDF

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Re: Judge Michael F. Devine
Posted by: xh7ee ()
Date: March 29, 2018 08:24PM

jasmine Wrote:
-------------------------------------------------------
> Have you been falsely accused by Fairfax or pushed
> into a plea deal or wrongfully prosecuted by
> Michael F. Devine? Please write back or inbox me.

possibly

show the URL for the photo, because google doesn't show any hits

#1 you solicit for parties to join your suit, it's a technical no no

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Re: Judge Michael F. Devine
Posted by: vkffx ()
Date: March 29, 2018 08:32PM

ProBonoLawyerOfTheYear2013-SudebBasu.jpg

never seen him. but i know the fire code doesn't allow decorating wooden fire places with highly flamable plastic xmas stuff. perhaps i'll prosecute!

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Re: Judge Michael F. Devine
Posted by: dccmw ()
Date: March 29, 2018 08:43PM

jasmine Wrote:
-------------------------------------------------------
> Have you been falsely accused by Fairfax or pushed
> into a plea deal or wrongfully prosecuted by
> Michael F. Devine? Please write back or inbox me.

it happened to me a hand full of times and i already presented such a case: and they skipped court on me. but this judge is new, they are always new. because of that, it's a rat race if you have problems.

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Re: Judge Michael F. Devine
Posted by: p3xnu ()
Date: March 29, 2018 08:46PM

eval Wrote:
-------------------------------------------------------
> See Judge Devine's performance evaluation results
> starting at Page 33 at
> https://rga.lis.virginia.gov/Published/2017/RD533/
> PDF


Ha ha! nice try. those kinds of forms are as often used to cull whoever IS HONEST.

I steer my thoughts to GAO and how honest they are reporting "private industry wages compared to government wages"


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Re: Judge Michael F. Devine
Posted by: ehp46 ()
Date: March 29, 2018 08:49PM

jasmine Wrote:
-------------------------------------------------------
> Well, there is justice (we'll see) after all...
> Judge Michael F . Devine and a number of employees
> of fairfax county are being investigated, more to
> come Monday...

?

please tell. don't say that shit and give no URL. your a bad man!

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Re: Judge Michael F. Devine
Posted by: 3hkdb ()
Date: March 29, 2018 08:51PM

I'm not a patient person to see each case and make a reasoned finding of total legal adherence versus pay.

I'm much more likely to go to GOOGLE MAPS - to see obvious wealth - and know government workers aren't worth more weight in gold on any scale.

HOW DO YOU LIKE WAYS AND MEANS DECISIONING?

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Re: Judge Michael F. Devine
Posted by: the analog act ()
Date: March 29, 2018 09:06PM

the usual first step is mediation (with or without paid mediator). but you can't do that with a judge to review a decision (on premise he didn't do a crime but possible didn't rule correctly).

You have to file a motion, containing your complaint of legal error, to the deciding judge, saying due to that, the decision should be set aside.

If you haven't done that you can't be helped, because (unlike me), you refuse to help yourself.

-----------------------

you MAY BE wrong on your point though

"The Federal Analogue Act, 21 U.S.C. § 813, is a section of the United States Controlled Substances Act passed in 1986 ..."

that's a federal law not state law. Virginia has separate law(s) banning substance abuse. they do not have to list each and every substance: that's a british kind of law: the law should be brief yet spanning all applicable conditions. if you abused a substance, than mere chemical alteration does not "escape" the proper induction deduction of reading the breadth a law covers.

(very well written laws cover endless situations, are short, and do not effect other situations un-intentionally: it's somewhat of a forgotten art)

-----------------------

that's only a first step

and while you do have a complaint the judge acted illegally (which is really the first step, expressing it as such) ... i dunno

ok a judge decides law a jury fact. the judge inteprrets law and sometimes writes to the supreme court for "specific interpretation" if necessary

it's not that your complaint is well heard, it's just that it's LIKELY wrong - it's not what the law says, the judge did follow the law within reasoning

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Re: Judge Michael F. Devine
Posted by: 1986 ()
Date: March 29, 2018 09:08PM

YOU'VE CROSSED YOUR TESTIMONY !!!

YOU SAID "1986 law had just enacted"

today's date is 2018, and such an old case could never be re-considered unless it was for prison release

IF YOUR JERKING OUR CHAINS SHUT THE F UP!!

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Re: Judge Michael F. Devine
Posted by: pcegw ()
Date: March 29, 2018 09:17PM

overlapping federal and state laws are complex litigation issues which require education and skill

(in the past) a judge was not liable to produce the full reasoning - which might become a very large document if written down (i'd hope, but i wouldn't bet)

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Re: Judge Michael F. Devine
Posted by: tnpyx ()
Date: March 29, 2018 09:23PM

david carter Wrote:
-------------------------------------------------------
> My nephew got in a heated argument the gun went
> off it hit his wife then turned the gun on
> himself. He's in jail waiting for trail. I have no
> problem him being denied bail but he hasn't been
> found guilty. So why is he not getting the proper
> care? I don't understand why you had no compassion
> to his well being unless you already placed
> judgment on him.

hit his wife where? if he turned the gun on himself how did he live?

doesn't matter

the standard for holding someone before a trial

#1 a lawyer and or bail company who will vouch

#2 a believable context no more harm will come before the trial

so if the Magistrate thought the man might kill himself or ex wife before the trial: there would be NO jail release possible

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Re: Judge Michael F. Devine
Posted by: yb6lp ()
Date: March 29, 2018 09:30PM

Trials have several parts.

So a guilty verdict might come quick and a sentencing take much longer.

the indictment may preceede that, but not effect whether one is held in jail

the standard of keeping in jail is a believable fear of repeated crime and or flee from trial

(now careful: it has to be criminal - a thing which is feared to have notable public impact: a civil tort (say, breaking a window or yelling at night), should never be jailed in the first place, thus bail or believability is all after an already failed process)

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Re: Judge Michael F. Devine
Posted by: Namenotnecessary ()
Date: November 23, 2018 11:27PM

Judge Devine is married to "Family Law" attorney Sonya Powell. She represented my husband in our divorce case and I noticed that many other attoney's pander to her, likely because of they are married. IMHO, a conflict of interest. Although he would assumably not hear her cases. I observed her cruel nature and abuse of power likey overconfiden being married to Judge Devine. She is quite a display in the courtroom - erratic in her nature, as the one time I was the one who took the stand while she only asked about my eyeglass expenses, calling herself ADD. I was given thumbs-up and saw the eyeroling toward her odd behavior. I strongly believe she should not be able to work in the same juristicion with her husband as the bias is evident. All lawyers and judges know of their devient nature; very unfair to children. I spared mine from having to face her as she was assultive to my character, representing a DV abuser.

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Re: Judge Michael F. Devine
Posted by: Soniamdissapoint ()
Date: November 24, 2018 12:05AM

interested somewhat Wrote:
-------------------------------------------------------
> I won't give many details, but by the time my case
> came to the plea deal, something that I had been
> arrested for had become illegal. In between the
> time of my arrest and said "plea deal" (lengthened
> by the court repeatedly continuing the case since
> the lab results weren't conducted), the Analogue
> Act had been passed. The passing of this act made
> something that was factually LEGAL to possess in
> April 2012... ILLEGAL to possess 2-3 months
> later.
>
> So no, not buyer's remorse. More so a
> dysfunctional NON-court appointed attorney too
> busy dealing with his own family issues to
> properly research my case.
>
> As a result, the DA as well as the Judge should
> both be held equally responsible. I was illegally
> charged for a crime that was not committed.

If you had nbome you deserved everthing you got.

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Re: Judge Michael F. Devine
Posted by: Any more conflicts ()
Date: December 05, 2019 08:42PM

Any Stories On Judge Devine for 2019?

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Re: Judge Michael F. Devine
Posted by: petrified of trial ()
Date: July 31, 2020 12:46PM

Thank you for your post. Confirms my sense about her based on her (represents my husband) responses to my attorney. We have a divorce trial next week and I am petrified after hearing she is married to a judge. We have no kids and spousal support not an issue so don't know why a trial except for a judge to determine separation date - 2015 vs 2015. From the exhibit and witness list I know he is planning on smearing my character and name. Cause if it mattered is abandonment which I could claim as I got a job on the other coast and he name came like he said he would. Hearing how she attacked you so I can prepare more.

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Re: Judge Michael F. Devine
Posted by: Early Morning Lawyer ()
Date: July 31, 2020 03:43PM

My firm has gone up against Sonya Powell in a number of cases. We have won some, we have lost some and some settled. I have also mediated cases where Sonya Powell was one of the attorneys. She is competent, but she is nothing special. There are many Family Law attorneys in this area who get the same results that Ms. Powell gets.

What makes Ms. Powell a force to be reckoned with is not her connection to Judge Devine. It is her selection of clients. Her clients are willing to go to war for what they want. Her clients are willing and able to pay the cost of representation up front and accept they will be dragged through the mud.

Frequently litigants in Family Law cases don't want to be there. They aren't just intimidated by or ignorant of the process. They see it as a giant waste of time and money. they just want it over and done with. This attitude carries over to the client's willingness to assist the attorney in preparing for the case and the client's willingness to pay the lawyer. After three to four months of dealing with clients like that, even the client's lawyer is wanting the case to settle. Meanwhile Ms. Powell is on the other side doing her job confirming the facts, issuing discovery requests and pursuing motions to compel, all with a bunch of her client's money sitting in Ms. Powell's bank account.

Judge Devine is OK.

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Re: Judge Michael F. Devine
Posted by: Fools ()
Date: July 31, 2020 07:27PM

How exactly is Judge Devine OK if he was being investigated?

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Re: Judge Michael F. Devine
Posted by: Early Morning Lawyer ()
Date: July 31, 2020 10:20PM

The allegations were posted here in 2015. To date no action has been taken against Judge Devine by the courts, by the legislature or by the Judicial Inquiry and Review Commission. Justice may be slow but that is glacial. The courthouse rumor mill has nothing on Judge Devine.

The original post was anonymous and provided no details which would allow me to indepenently verify whether the claimed malfeasance was plausible, much less accurate. Its not unusual for litigants to believe their judges were corrupt or incompetent for ruling against them, when the reality was that either the disappointed litigant was too lazy or cheap to properly present their case or the opposing party was a damn good liar.

I stand by my assessment. Judge Devine is OK. That is not something I would say for certain other area judges.

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