What is the name of your state? NY While in court hearing you did something that was not correct, but the judge didn't find you in contempt of court approximately 8 weeks ago, can the DA now have you arrested for a contempt because you won't agree to DA's offer in plea bargin and you continue to ask for jury trial.
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contempt of court
- Thread starter momb47
- Start date
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seniorjudge
Senior Member
Prosecutors cannot force you into a plea bargain.
We need facts and details.
What are you talking about?
We need facts and details.
What are you talking about?
While at court hearing, Judge issued a new order of protection directed by DA's office, old order had expired 3 months earlier and nothing had happend, but we were upset that this order was being renewed, during the signing of order person signed it inappropriately with "Up yours", judge made mention that he could find in contempt of court, sign it correctly, which was done, no contempt by judge was done, now the DA who is trying to get us to plea bargin with a disorderly conduct, so she won't have to do a jury trial which is what we want, is now threating to have an arrest for "stunt in court" contempt of court, because we wont agree to her deal. Can they do this.
WISCharlie
Junior Member
"Up Yours"? Good grief...
garrula lingua
Senior Member
The Prosecutor can file a new charge for the stunt in court, and also take the initial case to trial (or you can plea bargain).
The crime occurred; the Prosecutor probably has up to one year to file charges.
The crime occurred; the Prosecutor probably has up to one year to file charges.
yes it was stupid but the Judge did accept my apology and he didn't issued any contempt of court or other charges, the DA is angry now that I won't accept any of her plea bargains, she is upset that I want to go for Jury Trial, all she has is a statement from someone that is being sued by the company that I work for, which is owned by my mother and wife. can she file charges even though the judge didn't find me in contempt
garrula lingua
Senior Member
Well, the PRESIDING JUDGE is the one who usually makes the call.
S/he would direct that a police report be completed by the bailiff, and it would be presented to the Prosecutor for filing.
That initial Judge/Commissioner/Magistrate may have decided to ignore the situation (or, didn't know (or hadn't decided, yet) how to handle it).
The Presiding Judge (boss) may decide otherwise & have the charges filed.
S/he would direct that a police report be completed by the bailiff, and it would be presented to the Prosecutor for filing.
That initial Judge/Commissioner/Magistrate may have decided to ignore the situation (or, didn't know (or hadn't decided, yet) how to handle it).
The Presiding Judge (boss) may decide otherwise & have the charges filed.
The way I read it,
The Judge is the one that charges you with Contempt of Court, not the DA.
If the Judge already decided to ignore what you almost did, I don't see how it could go further.
Exactly, man oh man the ego's on here make it hard move. You have nothing to worry about the judge didn't find you in contemp and therefore won't. They can threaten all they want but would they waste tax payers dollars pursuing a case that is a joke no they won't...time is money.