contempt of court-need advice

[tiara6671]

What is the name of your state?ny

my husband and i were arrested for contempt of court. not supposed to drink in house around child. no alcohol in the house. didnt breathalize. officer said you admit or well take the child and arraign you right now. didnt physically see child, child sleeping. didnt search house. on felony dwi probation. officers came to house for no reason, no disturbance call or anything. i think they came because they came 2 wks prior for a domestic dispute but couldnt get an arrest, messed up paper work etc. anyone think i can beat the contempt based on the fact they didnt search for child, physically see child, were not there for probable cause and there was no alcohol in house? they threatened us into saying we were drinking. thanks.

 

[seniorjudge]

anyone think i can beat the contempt based on the fact they didnt search for child, physically see child, were not there for probable cause and there was no alcohol in house? they threatened us into saying we were drinking. thanks.

If you are on probation, they do not need probable cause.

I am a little unclear on what happened here. Are you saying that a police officer showed up at your house for no reason and told you that if you did not admit that you were drinking alcohol in front of a child that he would take the child away?

Are there any written documents stating what you are alleged to have done? (Your statement of facts is a tad murky.)

 

[tiara6671]

reply to seniorjudge

yes, they did come to my house with no reason, we were watching a movie. they asked us to breathalize and we refused, i felt like my rights were being violated, so they said all right you admit you were drinking and well issue appearance tickets or well take you before the judge now and surrender the baby to DSS. he searched the fridge, no alcohol. didnt search the house for the child, took our word for it.

you see two weeks ago they came asked if i was on probation, i said yes, refused the breathalizer and my husband had already left after our "fight" . they ran my name at the station and realized i had an order of protection. but i was gone when they got back, they couldnt make an arrest. they were quite mad.

so to the current situation, they forced us into admitting we were drinking, thus the violation of order of protection, contempt of court arrest.

 

[seniorjudge]

they asked us to breathalize and we refused, i felt like my rights were being violated, so they said all right you admit you were drinking and well issue appearance tickets or well take you before the judge now and surrender the baby to DSS.

You have no rights (or, I should say, very few rights) when you are on probation/parole. One of your conditions of probation/parole was that you would comply with directions of a police officer. You tell me you did not. You say you admitted to drinking (even though you were "forced").

You really left the officers little other choice.

 

[tiara6671]

well what im wondering is if this can be beat, given that they didnt "see" the baby, no alcohol in the house. i mean they came to the house to harrass , atleast in my opinion. the only reason i have an order of protection, is the fact my husband got a dwi with her in the car and i "allowed" him to drive while drinking. i dont know any way you look at it we are in the wrong and basically screwed i guess.

 

[seniorjudge]

I suspect you will be found guilty of probation violation for failing to take the Breathalyzer test. That's all the further the court will need to go.

 

[tiara6671]

youre right about that, if my PO chooses to pursue it. they dont have to prove anything, just suspect. they have alot of power. hopefully my upcoming admission to inpatient rehabilitation, with the baby, will help my case. i need it anyway.

 

[seniorjudge]

...inpatient rehabilitation....

Good for you and good luck!

The world looks so much better when you are clean and sober!

 

[CdwJava]

The idea of random checks of people that are on probation is not to "harass" it is to make sure that you are complying with the lawful orders of the court - an order which you agreed to. And apparently, you were not complying with the court's orders.

If they were coming by daily - and without cause each time - I'd call that harassment. But stopping by randomly (or maybe they had an anonymous tip) is NOT harassment and is just what probation is about.

Your best bet is to hope that your rehab is sufficient to convince a court not to send you back up for this violation. And in the future, know that they can come by any time, so use that as an excuse to kick the drinking.

- Carl

 

[seniorjudge]

The idea of random checks of people that are on probation is not to "harass" ...etc.

Carl, you have an exceptional talent for making clear and convincing statements. I enjoy your observatons!

 

[CdwJava]

Carl, you have an exceptional talent for making clear and convincing statements. I enjoy your observatons!

Thanks!

I have enjoyed your reasoned contributions to the list as well ... I may have to change my unsubstantiated opinions of MO before my visit next year.

Regards,


- Carl

 

[seniorjudge]

I may have to change my unsubstantiated opinions of MO before my visit next year.

Well, I don't know about the rest of 'em around here, but I am a old hillbilly and proud fer it!

 

[CdwJava]

Well, I don't know about the rest of 'em around here, but I am a old hillbilly and proud fer it!

Please don't say that yer momma is also yer cousin!

I live in farm country ... not quite hillbilly, but everyone's related. The gene pool around here has it's shallow spots.

- Carl

 

[SsanB2]

Dont Drink

Calif; You Know if you were ordered not to drink around a child I have a tendency to think you should change some things about your life. I'll give you another tip that I learned the hard way, A drunk cant defend themselve's under any circumstances.

 

[seniorjudge]

Please don't say that yer momma is also yer cousin!

First cousin once removed so that don't count.