Law Firm Bangor ME
A Law Firm Bangor ME Calls First Explains the Meaning of Contempt of Court
If you are facing legal problems after being held in contempt of court, you may want to consult with David Bate, a law firm in Bangor ME as soon as possible.
Contempt of Court
Being in contempt of court refers to actions which may:
- Disrespect the judge or others in the courtroom;
- Impede the ability of the court to function; or
- Defy a court’s authority.
A judge generally has discretion in deciding who can be held in contempt. As an attorney from a law firm in Bangor ME, David Bate might explain that those who can be held in contempt include:
- The plaintiff or defendant
- People in and around the proceeding
- Officers or staff of the court
A judge might consider various factors when deciding to hold someone in contempt of court. These factors could include the nature of the underlying court proceeding, and the severity of the contempt.
The Classifications of Contempt of Court
There are two primary forms of contempt:
1. Criminal Contempt. Examples include:
- Being disrespectful to the judge or lawyers.
- Causing a disturbance in the courtroom.
- Yelling at the jury.
- Refusing to testify in a grand jury.
2. Civil Contempt. Examples include:
- Willfully disobeying a court order.
- Not paying child support.
- Failing to handover property after being ordered.
- Failing to show for a court date.
Criminal and civil contempt can be considered direct or indirect.
Direct Contempt. Examples include:
- An action in presence of the court that causes embarrassment or shows disrespect.
- Refusing to answer questions by a lawyer or judge.
- Shouting or swearing in the courtroom.
- Indirect Contempt. Examples include:
- An action outside of court that is intended to obstruct or degrade the court proceedings.
- Trying to bribe a lawyer, judge, or witness.
- Talking with a juror outside the court.
- Handing out flyers that show disrespect to the court.
Consequences for Contempt of Court
A civil contempt charge generally involves the failure to comply with a court order. The typical law firm in Bangor ME has seen occasional instances of this. The sanctions or consequences are usually intended to force a person to comply with the original order that they disobeyed. Civil contempt sanctions aim to:
- Restore the right of the wronged party.
- Continue the underlying proceeding.
These sanctions typically end when the individual in contempt complies or when the case is resolved. Civil contempt does not give people the same constitutional rights as those in criminal contempt. Furthermore, civil contemptors are not guaranteed a trial, do not need a law firm in Bangor ME to represent them, and their contempt does not need to be proved beyond a reasonable doubt.
When a person is charged with criminal contempt of court, the charges are punitive. They are meant to serve a purpose in deterring the party from making any further acts of criminal contempt. Sanctions for those charged with criminal contempts could include incarceration, fines, and fees. People held in contempt of a criminal charge typically get the same constitutional rights as a criminal defendant. This includes the right to a lawyer from a law firm in Bangor ME, the right to defend themselves, and the right to a jury trial (when incarceration is six months or more). These charges must also be proved beyond a reasonable doubt. Bear in mind that criminal contempt charges are often proved because everything is recorded in a courtroom. If you’re facing these types of charges, you should strongly consider contacting a lawyer such as David Bate who has a law firm in Bangor ME and is familiar with contempt of court charges.
Get Legal Help for Your Contempt of Court Case from a Law Firm Bangor ME Offers
With David Bate representing you, there is an improved chance of minimizing the consequences of a contempt of court charge. Furthermore, advice from a lawyer with a law firm in Bangor ME can assist in staying compliant with the court. To learn more, contact a lawyer now at the law firm of David Bate.