What’s Criminal Contempt of Court
Criminal contempt of court occurs when a person disregards a request from the judge or willfully degrades the principle of justice. This type of contempt can occur if a divorcing spouse refuses to pay child support or alimony as ordered by the court and is subsequently incarcerated. In other family law cases, jail time or a fine is imposed if a person violates a court order. Violating a restraining order by threatening someone or sending text threats may result in criminal contempt charges. Criminal versus civil contempt. While the sentence imposed for civil contempt is meant to coerce compliance with the order (for example , a judge may order a person to pay back child support or comply with a visitation schedule), the sentence for criminal contempt is meant to punish the transgressor. In criminal contempt cases, the offending person has done something that is either illegal or harmful to society in general. In situations where the offended person is the government, the victim wants the law to punish the transgressor.
Felony Categories Versus Misdemeanors
Both felonies and misdemeanors are classifications of criminal acts within the United States, with felonies being the more serious criminal designation of the two. Felonies can involve terms of imprisonment ranging from a year to life in prison or even the death penalty. Misdemeanors are typically punishable by sentences of one year or less in county or city jail, fines, community service, and/or probation. Some states classify criminal offenses as infractions, which may come with an even lesser penalty than misdemeanors, such as tickets or fines.
Felonies and misdemeanors are defined in every state, but the behavior necessary to constitute a felony often falls under one of three categories: first degree felonies, second degree felonies, and third degree felonies. More serious crimes are generally classified as felonies, such as most violent acts, theft, drug trafficking, money laundering, and any other crime that does not involve a misdemeanor charge. Rather than being classified by degrees of culpability (i.e. first-degree murder, second-degree murder, etc.), misdemeanors are assigned a more general classification of Class A or Class B. Class A misdemeanor charges usually include repeat offenders and violent crimes, while Class B charges encompass all other crimes that fall under a misdemeanor designation. Fines and misdemeanor convictions are somewhat less serious than felony convictions and convictions are often given sentences of probation rather than jail time; for instance, a DUI charge may be categorized as a misdemeanor or a felony.
Can Criminal Contempt be a Felony?
Contempt of court can be classified as either civil or criminal contempt of court. In simple terms, civil contempt is designed to compel behavior by punishing the court itself for non-compliance with a court order, for example; whereas criminal contempt of court involves punishment for an act against the judge or court to effectuate an order of the court.
Criminal contempt of court can be a Felony or a Misdemeanor. Criminal contempt of court is usually charged as a misdemeanor. Depending on the circumstances, it could be charged as a felony, but that would seem to be a rare circumstance. Also, in standard practice, criminal contempt of court is usually not charged as a Felony unless the State is specifically seeking jail time.
Sanctions of Criminal Contempt of Court
To fully understand how criminal contempt fits into your case, it is necessary to grasp the possible ramifications of being charged with criminal contempt. While a charge of criminal contempt does not necessarily mean that you are guilty, it does mean that the courts are seeking to have you held accountable for some infraction. The charges will remain on your record for the duration of the case, and if you are found guilty or plead guilty to criminal contempt, it is likely that there will be some legal repercussions.
One of the first things that may occur after being charged is that the court will assess you with a hefty fine. While it may cost you a significant amount of money, this may actually be one of the most lenient options the judge chooses to impose. It is also worth noting that the fines are paid to the court, not to the person or people involved in the case. If, for example, you violated a protection order by contacting the person who it was issued against, the prosecutor would not pocket that fine; it would go directly to the court.
In addition to fines, a finding of guilt for contempt of court could also result in jail time. When you think of jail sentences , it is likely that you think of significant amounts of time being served. If you are found guilty of contempt of court, however, it is likely that you could receive a jail sentence of simply a few days. It is also possible that you could serve your time on weekends, or in some other capacity, such as community service. In most cases, if you are given jail time for civil contempt, it is likely that you will be released immediately after serving your time. If, however, you are found guilty of criminal contempt, you may have repercussions that follow you throughout your life.
In addition to the short-term effects of being charged with criminal contempt, there are also long-term effects. One of the biggest implications of a criminal contempt charge is that it may appear on your record. Depending on whether or not you are found guilty or plead guilty to the charges against you, you may find yourself with a permanent mark on your criminal record. This may make it more difficult to find a job in the future, or to convince other people to trust you.
If you are charged with criminal contempt, it is vital that you pursue the necessary action to defend yourself.
legal Objections to Criminal Contempt
As with any alleged crime, there are multiple defenses that may or may not be applicable to the specific situation. Some of the defenses that may apply to a UTC 1-8 Criminal Contempt Charge are:
That you were not in the presence of the court at the time of the alleged criminal contempt. This is important because there is no contempt charge unless there was an actual disruption of judicial proceedings, obstruction of orderly process, or interference with court business.
A classic example of this form of defense is where an individual is appearing before a Magistrate in a civil proceeding (such as a child custody, order of protection, or civil domestic violence proceeding), and a party is allegedly out of order.
Another classic example is in criminal courtroom where a defendant or other person is outbursts or engages in other seemingly disruptive behavior, which is not curtailed at the time that it occurs. A failure by law enforcement to remove the alleged contemnor drops the resulting charge to a petty contempt.
That you did not willfully or intentionally violate the court’s order. This essentially means that a criminal contempt cannot be given for failure to follow a court order if the failure is not the result of willfulness. What this means is that a court cannot hold someone in criminal contempt for simply failing to follow the orders of the court. Willfulness is objectively the measuring stick by which the alleged contempt of court is to be measured.
For example, if a father is ordered to pay child support and in fact does not pay it, but has lost his job recently and is trying desperately to get re-employed, a court may well conclude that he is in civil contempt of court for failing to pay the child support. However, unless the father had the ability to pay support and has willfully chosen not to, he cannot be held in criminal contempt of court for not paying the amount set by the court.
It can also be argued that a parent should not be held in contempt of court for failing to pay child support if he is attempting to get re-training in order to earn more money, but has not completed the process, so there is nothing more that he can do presently to earn sufficient money to pay the court-ordered amount.
It is important as a defense to a UTC 1-8 charge, that the defendant hire an attorney experienced in defending contempt of court charges and has the knowledge and experience to effectively contest any allegations of contempt of court.
How Courts Find Criminal Contempt
Criminal contempt proceedings in the federal criminal courts are conducted essentially as a routine criminal proceeding with the accused having all the rights of any criminal defendant with one major exception. When an accused is charged with criminal contempt in the federal courts the government need not prove to the magistrate or court that they have the power to punish the violator for the contempt. The power exists by virtue of the factual allegation that the defendant has acted in a manner which constitutes a violation of the order of the court. The only question is whether or not the alleged contemnor has indeed violated the court order. There is no dispute about the initial existence of the order. Therefore there is no need for any subsequent finding of whether or not the court has the power to punish or not. This reflects the dual nature of criminal contempt: punishment based upon the violation of an order, and a means of assuring the authority of the court. Witness v. United States, 893 F.2d 602 (9th Cir. 1990), cert. denied 498 U.S. 872 (1990).
In the U.S. District Court for the Middle District of North Caroline, Local Civil Rule 68.3 imposes a duty upon all lawyers who appear in a proceeding in that Court to inform the Court whenever one of their clients violates a court order that has been put in place. The attorneys have a duty to notify the court of all proposed sanctions . Violation of these rules will be considered "misconduct" in every respect.
In deciding on an appropriate contempt sanction, the court possesses substantial discretion. The court must balance a number of factors in determining the appropriate sentence for a particular defendant. One of the most important factors is the appropriately coercive element of the proposed sanction. The standard for coercion requires that the sentence be, "reasonably calculated to coerce the contemnor into compliance with the court’s order." A civil contempt sentence, such as remedial sanction, is measured in terms of the contemnor’s ability to pay. A criminal contempt sentence, like the penalty imposed upon criminal defendants in non-contempt cases, is measured according to the seriousness of the offense, the deterrent effect contemplated, and the maximum penalty in the event of future non-compliance. Witness v. United States,page 8, United States v. Buntin, 898 F.2d 1284 (6th Cir. 1990). The principal difference between the two types of sentences is that civil contempt is remedial and coercive, while criminal contempt is punitive.
The power of the federal courts to punish individuals for contempt is well established. In the landmark decision of Ex Parte Robinson, the U.S. Supreme Court stated its verdict that contempt of court is a crime at common law. 86 U.S. 505 (1873).