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Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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What does a person need to have done to be found guilty of

Customer Question

What does a person need to have done to be found guilty of contempt at a probation revocation hearing?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 3 months ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Contempt is essentially a bit of a "catch" all offense that is broad enough to cover a multitude of actions.

Under Iowa law, there are several "acts" that can constitute contempt. They include:

1. Engaging in contemptuous or insolent behavior toward such court while engaged in the discharge of a judicial duty which may tend to impair the respect due to its authority.

2. Willfully calculating to interrupt the due course of its official proceedings.

3. Resisting, through unlawful means, to any order or process made or issued by it.

4. Disobeying any subpoena issued by a Court or refusing to be sworn or to answer as a witness.

5. Unlawfully detaining a witness or party to an action or proceeding pending before such court, while going to or remaining at the place where the action or proceeding is thus pending, after being summoned, or knowingly assisting, aiding or abetting any person in evading service of the process of such court.

OR (this is the catch-all)

6. Engaging in any other act or omission specially declared a contempt by law.

Questions based on this? If so, please ask.

Customer: replied 3 months ago.
Well at a probation revocation hearing the judge said he is not going to revoke the defendants probation but I am going to find him guilty of contempt. And sentenced 2 days in jail.
When I earlier in the case asked the court to find the state in contempt for not producing the original recording when the court granted my motion to have it analyzed the court said they could not due to an affidavit and order to show cause had to be filed.
Customer: replied 3 months ago.
how can the defendant be guilty of contempt? It wasn't a hearing for contempt
Expert:  Legal-Kal replied 3 months ago.

Well that is indeed a tricky one (as there can be direct and indirect contempt) and it is difficult to determine which occurred here.

Please allow me to opt-out of this question and open it up to a new expert as I must step away from my computer. This will allow a new expert to come in and try to determine the exact nature (type) of contempt here and they may be able to answer your question.

Thanks and good luck!

Customer: replied 3 months ago.
please cancel question. no attorney will respond anyway. thanks