What Is a Contempt of Court?
If a court makes an order, then the person it is directed at is expected to obey it. Disobeying a court order can be considered contempt of court. If someone in court behaves badly and causes a disturbance or obstruction to the ability of the court to work, then that person can be charged with contempt of court. Being held in contempt of court can result in sanctions from the judge or additional criminal charges.
Contempt of court laws ensure the safe and efficient administration of justice. If someone is accused of contempt of court, then they will be tried in either a state or federal court, depending on where the alleged act took place. If you are facing federal criminal charges such as contempt of court, then it is important to speak to an experienced federal criminal defense attorney as soon as possible.
What Are the Potential Penalties for Federal Contempt of Court?
There are different penalties for federal contempt of court. Jail time can be up to six months, and the fine can be up to $1,000 if you are found guilty of contempt of court. If someone violates privacy protection laws under 18 USC 3509, then they can go to jail for up to one year. Judges have wide latitude in the sentence they decide for any contempt of court violation, but they are bound by the limits of the law.
What Are the Types of Contempt of Court?
Contempt of court can occur in several ways. Federal contempt of court laws are available at 18 USC 402. Some common examples of the different forms of contempt include:
- Failing to appear for a required court hearing
- Disobeying a court order forbidding contact with another
- Making a disturbance while in court that makes it difficult for the court to conduct regular business
- Refusing to testify in a hearing where your testimony must be given
There are a few things that can be considered contempt of court under state and federal law. If a case meets federal criminal guidelines, then it can be charged federally. The federal court must have jurisdiction over the defendant and the case in order to take any action. If a contempt of court case does not meet federal guidelines, then it can be prosecuted under state law.
What Are Some Examples of Defenses to Contempt of Court?
There are a few different types of defenses that can be available for a computer crime charge. Some common examples of defenses to a computer crime include:
- No intent to violate the court order or process
- The court order or process is impossible to follow
- The accused did not have any knowledge about the court order or process
- The allegations that are being made are false
If you are being charged with contempt of court, then one of the defenses listed above might apply to your case. Your behavior relating to a court order or process can have serious consequences, so it is important to understand how these defenses can help you in your case. Each case is different, and the best defense for you might not be the same as someone else's, so make sure that you get professional help from an experienced federal criminal defense lawyer to find out what your best defenses are.
In What Court Will Your Case Be Heard?
All federal criminal cases are heard in federal District Courts across the country. In New Jersey, there is one federal District and three physical locations where these courts are located. If you are accused of a crime in New Jersey, the case will be processed in these courts based on the location of where the alleged crime took place.
If you are on the losing side of a contempt of court case in federal district court in New Jersey, then you can file an appeal with the appellate court. An appeal from a New Jersey District Court must go to the United States Court of Appeals for the Third Circuit. The only court higher than the court of appeals is the United States Supreme Court. The Supreme Court only hears cases that it chooses to hear. There is no automatic right to have your case heard in the United States Supreme Court for any situation. An experienced attorney can help you understand all relevant court rules and what must be done to defend your case appropriately.
How Hiring an Experienced Attorney Can Help
If you are facing criminal charges, then make sure that you have an attorney with specific criminal defense experience. If you are charged with a crime, then an experienced attorney can help you understand the case against you. An attorney can also comment on a case's strengths and weaknesses. Experienced trial counsel can also help you decide whether to go to trial or work out a resolution with a plea deal.
If you want to make a resolution, then your attorney can negotiate a plea deal for you. Your attorney can also tell you whether the deal is a good one or not. Make sure that you know all the facts about your case and what could happen if you are convicted before making any decisions. If you have legal questions, then contact us at the Lento Law Firm today!
Why Hiring the Lento Law Firm Is the Right Choice
If you are being investigated or prosecuted federally for contempt of court, then it is important to speak to an experienced federal criminal defense attorney right away. Attorney Joseph D. Lento has helped people defend countless criminal charges in several jurisdictions. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Lento Law is the right choice to help defend your federal case.