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Invisibleblahblahblah
Mad Scientist

Registered: 10/25/01
Posts: 1,022
Loc: South America
Some legal questions...
    #1084880 - 11/25/02 06:01 PM (14 years, 13 days ago)

I just recieved a letter in the mail today that stated I was in contempt of court. I was in a fenderbender and was ordered to show the court proof of restituion. I forgot all about it and now I am starting to get worried because contempt of court seems like a pretty bad charge. The paper says I may present evidence and have an attorney appear in court with me. My insurance company payed for the accident right after it happened and I had them fax me a paper showing that they did pay it, I just ddint take the paper into the court  :crazy:



What should I do? Should I get a lawyer or just go and plead guilty because I am guilty of it, I was in contempt for not bringing the paper in. What kind of evidence should I bring in? An finally what kind of charges am I facing? Any help will be greatly greatly appreciated as I am kind of freaked out. I have heard of people having to pay $1000 fines becuase they forgot to pay the restituion .(I did pay it though, just didnt prove it)
Thanks


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Invisibleblahblahblah
Mad Scientist

Registered: 10/25/01
Posts: 1,022
Loc: South America
Re: Some legal questions... [Re: blahblahblah]
    #1084904 - 11/25/02 06:13 PM (14 years, 13 days ago)

    78-3a-901.  Violation of order of court -- Contempt -- Penalty.

      (1)    Any person who willfully violates or refuses to obey any order of the court may be proceeded against for contempt of court.
      (2)    Any person 18 years of age or older found in contempt of court may be punished in accordance with Section  78-32-10.
        (3)  (a)    Any person younger than 18 years of age found in contempt of court may be punished by any disposition permitted under Section 78-3a-118, except for commitment to a secure facility.
      (b)    The court may stay or suspend all or part of the punishment upon compliance with conditions imposed by the court.
      (4)    The court may enforce orders of fines, fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or executions.

Amended by Chapter 358, 1997 General Session

78-32-10.    Contempt -- Action by court.   
  Upon the answer and evidence taken, the court shall determine whether the person proceeded against is guilty of the contempt charged.  If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both.  However, a justice court judge or court commissioner may punish for contempt by a fine not to exceed $500 or by incarceration for five days or both.

Amended by Chapter 159, 1993 General Session

The court I am going to is a justice court, so from what it says above I cant be charged more than $500 or more than 5 days in jail. I feel a little better now. 5 days is cake and I can get $500 pretty easy. I just hope the judge is a nice guy  :blush:

77-32a-7.  Default in payment as contempt -- Order to show cause -- Warrant of arrest.   
  When a defendant sentenced to pay costs defaults in the payment thereof or of any installment, the court on motion of the attorney general or the county attorney or upon its own motion may require him to show cause why his default should not be treated as contempt of court, and may issue an order to show cause or a warrant of arrest for his appearance.

Enacted by Chapter 15, 1980 General Session

This is what amost to the word the paper told me except without the warrant part, but I am sure that is just in the fine print
   
78-32-11.  Damages to party aggrieved.   
  If an actual loss or injury to a party in an action or special proceeding, prejudicial to his rights therein, is caused by the contempt, the court, in addition to the fine or imprisonment imposed for the contempt or in place thereof, may order the person proceeded against to pay the party aggrieved a sum of money sufficient to indemnify him and to satisfy his costs and expenses; which order and the acceptance of money under it is a bar to an action by the aggrieved party for such loss and injury.

No Change Since 1953

I dont know if this would count, the victim was paid, I just didnt prove it to the court.  ??? what do you think


Edited by blahblahblah (11/25/02 06:28 PM)


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OfflineNew Name
New Name, OldUser
Registered: 11/11/02
Posts: 230
Loc: ATL
Last seen: 13 years, 11 months
Re: Some legal questions... [Re: blahblahblah]
    #1084915 - 11/25/02 06:21 PM (14 years, 13 days ago)

Same thing happened to a buddy of mine. He just went to court with what he was supposed to bring and the judge let him off with no penalty. So maybe you'll get lucky. Just go into court as quickly as you can so that they don't come and arrest you.


--------------------
--------------------------------------------------------------------
"I will tell a cop that I know my fucking rights and we can match wits all night" -311
Don't let the cops search you. Let them know that you care about your rights.


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Invisibleblahblahblah
Mad Scientist

Registered: 10/25/01
Posts: 1,022
Loc: South America
Re: Some legal questions... [Re: New Name]
    #1084924 - 11/25/02 06:25 PM (14 years, 13 days ago)

They gave me a date that I am suppose to appear, Dec. 19
I was wondering if anyone knows if I can go in early like tomorrow  :wink: and just get it over with. I have a really really bad memory(too many drugs methinks, that or I just have a selective memory which is also from all the drugs hehe)


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InvisibleTinMan
Stranger

Registered: 10/01/02
Posts: 2,956
Loc: Russia
Re: Some legal questions... [Re: blahblahblah]
    #1087684 - 11/26/02 03:00 PM (14 years, 12 days ago)

Tell him straight out... the worst you can do is plead not guilty since there is evidence that you are in contempt.


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Offlinesocratesmind
old hand

Registered: 02/22/02
Posts: 1,193
Loc: in your house :)
Last seen: 10 years, 4 months
Re: Some legal questions... [Re: TinMan]
    #1087931 - 11/26/02 04:25 PM (14 years, 12 days ago)

Well blah do yourself a favor and take the letter u got from contempt and the faxed letter of payment to the DA.  90% he/she will likely either drop contempt charges if you explain the situation just go talk to DA thats what they're there for.  Remember go early long lines :frown:  And dont do on your day of court.


--------------------
Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded.
- Abraham Lincoln: Speech in the Illinois House of Representatives, Dec 18, 1840.


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OfflineOJ
old hand
Registered: 11/08/00
Posts: 687
Last seen: 7 years, 1 month
Re: Some legal questions... [Re: blahblahblah]
    #1110849 - 12/04/02 07:37 PM (14 years, 4 days ago)

call your insurance company, and get a new paper, turn it in now...


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InvisibleGabbaDj
BTH
 User Gallery

Registered: 04/08/01
Posts: 19,448
Loc: By The Lake
Re: Some legal questions... [Re: OJ]
    #1116351 - 12/06/02 06:10 AM (14 years, 2 days ago)

In reply to:

They gave me a date that I am suppose to appear, Dec. 19
I was wondering if anyone knows if I can go in early like tomorrow and just get it over with. I have a really really bad memory(too many drugs methinks, that or I just have a selective memory which is also from all the drugs hehe)



If the date is an Appear by date then you can go in any time... If it is an Appear on date then you must go when they tell you...

In reply to:

Tell him straight out... the worst you can do is plead not guilty since there is evidence that you are in contempt.




If Insurance has already paid for this then it is a done deal and a plea may not be submitted. Payment counts as a guilty plea, cashing of the check by the courts couts as acceptance of the plea. No Contest pleas are diferent but if you havnt entered one then its too late..

In California they call this stuff Failure to Appear/Failure to Pay... This Contempt of Court crap is just words... Here Failures to do whatever cost anywhere from $200 to $500 depending on your county and no jail time is ever served unless you fail to appear or pay on something that you should go to jail for...

Dont bother with a lawyer, they cant do much for you, not even a judge has much say in this because its all every day basic crap that they do often.... Expect a fine, pay it and be done with the whole thing...


--------------------
GabbaDj

FAMM.ORG          C8.com                    http://www.beatsopjefiets.com/   


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Offlineyoungmycologist
member
Registered: 01/20/01
Posts: 39
Last seen: 13 years, 4 months
Re: Some legal questions... [Re: socratesmind]
    #1118584 - 12/06/02 11:19 PM (14 years, 1 day ago)

Do not EVER!!!!! EVER!!!! go talk to a DA about charges against yourself.Their job is to fuck you as good as they can! Don't ever forget that.


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OfflineNew Name
New Name, OldUser
Registered: 11/11/02
Posts: 230
Loc: ATL
Last seen: 13 years, 11 months
Re: Some legal questions... [Re: youngmycologist]
    #1124444 - 12/09/02 11:57 AM (13 years, 11 months ago)

I have talked to the DA about charges against myself and they lowered the charges against me. They aren't out to screw you (usually).


--------------------
--------------------------------------------------------------------
"I will tell a cop that I know my fucking rights and we can match wits all night" -311
Don't let the cops search you. Let them know that you care about your rights.


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OfflineNirvhead
-State of Art-

Registered: 10/11/02
Posts: 313
Loc: WA State, USA
Last seen: 11 years, 10 months
Re: Some legal questions... [Re: youngmycologist]
    #1156780 - 12/20/02 03:34 AM (13 years, 11 months ago)

Sound advice in some cases and in principle... However, in my experience the DA almost did more for me than my public defender. Due to DA statements I had Burglary in the 1st, Theft of a firearm, Theft in the 2nd, and Trafficking stolen property reduced to Residential burglary and Trafficking and was only sentenced to 10 days in jail and 30 days community service. Furthermore when I went back to court this October for not finishing my community service (in an 18 month period) the DA seemed almost desperate to get me off the hook... even after the judge passed sentence the DA was trying to convince the judge to give me more time to complete, etc. Granted, this DA is kind of weird - a couple months ago he walked out on a judge that was being an idiot (letting a rapist off on $500 bail or something) - but sometimes it does help to talk to the DA. If it's your first offense definitely make sure you're on good terms with the DA and penitent for your crimes (pretend if you have to).


--------------------
Like a fiend in a cloud
With howling woe,
After night I do croud
And with night will go;
I turn my back to the east,
From whence comforts have increas'd;
For light doth seize my brain
With frantic pain.


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