Hello! In a contempt of court proceeding, the first appearance is a criminal arraignment. You will either plead guilty or not guilty and then a hearing date will be set. There is nothing for you to file, until after the arraignment stage, although you can file a reply before but most attorneys would advise against that. I would strongly suggest that you consult with a family and criminal COLORADO attorney to advise you and appear on your behalf especially if the charges are bogus and can be rubutted
Thank you for your response.
Why would most attorneys advise against filing a reply to a motion for issuance?
Because until you know the charges against you and a plea has been entered you would not respond. After the arraignment is generally when the responsive papers are filed
I was provided a the motion associated to the charges.
If you were provided the motion, then you can file a response, but again, if you have not entered your plea yet you could incriminate yourself before the hearing. A contempt of court hearing is quasi criminal meaning you are looking at criminal sanctions, and therefore, you do not have to incriminate yourself. If you feel as though you have a sound case and nothing could harm you in responding then there is no harm in filing ahead of time
Generally in a contempt of court proceeding, once the citation has been served on you, you must appear in court at the date and time on the citation. If you do not, the court may issue a warrant for your arrest due to the criminal nature. When you appear at the first hearing, the court will advise you of your rights. Normally, the case is not actually heard that day. One of your rights when a contempt citation has been filed against you is the right to be represented by a lawyer. If your income is low enough to qualify, the court will appoint a lawyer to represent you at no cost. If the court appoints a lawyer to represent you, that person is only responsible for representing you in the contempt citation, not in the case itself.
After this hearing is when the case is really starting
The court will then set a date for the hearing on the citation itself. At that hearing, the party accusing you of being in contempt has the burden of proof to show (has to prove to the court) that there was a valid court order, that you knew about the order, and that you willfully violated the order. If the court finds all those things, the Judge can punish you by imposing a fine, time in jail, or both. Punishment can also be suspended and conditions imposed, such as complying with the court's order. (This means the court may ask you to begin to obey the court order, and they might not punish you this time.)
This is when you would want to file your responsive papers
A lot of times contempt citations are settled by negotiation. After the initial appearance, the other side's lawyer may contact you to discuss settlement. If you reach an agreement with the other side, make sure that the agreement is either written down, signed by everyone, and given to the court, or that the agreement is stated in court on the record. That means that someone describes the agreement in open court, and all parties state that they agree to it.
Do you have any further questions?
No, I read that same document online too. Thank you for your help.
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