Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My ex filed a Criminal Contempt charge against me for taking…

Customer Question
My ex filed a Criminal...
My ex filed a Criminal Contempt charge against me for taking my son to a psychologist that he had previously seen on a regular basis stipulating this was a new course of care and only she had the authority to start a new course of care. At the same time, she was trying to get her child support increased based on my W2. I agreed to a settlement where she received $9k from me, I was appointed PRP and joint decision making. I agreed to this settlement under the advice of my lawyer to avoid any potential jail time. I have since learned that my ex and her attorney hired a forensic psycologist whose findings indicated my son's appointment with the dr was not a new course of care. They knew this before the settlement but did not withdraw the Criminal Contempt I feel so they could use it against me to sette. Is this legal for them to withhold this information from me in a criminal proceeding?
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 minutes by:
2/19/2012
Criminal Lawyer: P. Simmons, Lawyer replied 6 years ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,971
Experience: 16 yrs. of experience including criminal law.
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This is a bit unique, since only the state can prosecute a criminal case. A private citizen can request the DA prosecute a case...but only the DA (district or county attorney) can actually file the charge.

In a criminal case, the DA has the absolute duty to disclose exculpatory evidence under state and federal law.

But, again, a private citizen can not prosecute a criminal case.

What you describe? IF she requested prosecution of this and knew, at the time, there was not merit to the case? You would have a good cause of action to request she pay your lawyer fees (The lawyer fees required to defend this frivolous claim)



Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
The DA was never involved I don't think so are there different types of Criminal Contempt? The Criminal Contempt was filed in the 4th Circuit Court for Davidson County, TN with case # 05D693 and references TN Code Ann 29-9-103.
Criminal Lawyer: P. Simmons, Lawyer replied 6 years ago
If you can show that this case was filed and at the time it was filed they knew there was no case? That would be a great case to ask for lawyer fees for filing a frivolous case.
Ask Your Own Criminal Law Question
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,971
36,971 Satisfied Customers
Experience: 16 yrs. of experience including criminal law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

36,971 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I never directly received a subpoena. How does subpoena work?
What if I never directly received a subpoena to appear in court as a witness in a criminal case I know nothing about?? Can I get in trouble for not appearing?? I'm located in New Mexico.… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
I need a sample letter of leniency for my son. Please help!
I need a sample letter asking a judge for leniency on my son. He is awaitng sentencing for assault and battery and recently failed an alcohol test he reports to weekly, violating his bond. He was in a… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
if an adult male is texting a minor girl sexually both knowing
if an adult male is texting a minor girl sexually both knowing nothing will ever come of it, can he be put in jail, for how long, and what else may happen to him?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
What is statute of limitations in california for the crime
what is statute of limitations in california for the crime of forgery… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
My son has 2 court dates on the same day at 2 different locations...what
My son has 2 court dates on the same day at 2 different locations...what should he do?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I want to file a restraining order against someone who ...
I want to file a restraining order against someone who has been verbally, mentally and physical abusive towards me. I contact this person today after weeks of not speaking to him to ask him when he co… read more
TruthFinder
TruthFinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers
what is the difference between an order for arrest and a warrent
what is the difference between an order for arrest and a warrent for arrest?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I received a letter from mississippi district attorney to pay bad checks I wrote 6 years a
I received a letter from mississippi district attorney to pay bad checks I wrote 6 years ago before he presents it to Grand Jury. Now I live in florida. Can they present the case to the Grand Jury for… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
897 satisfied customers
Can I get a restraining order on harassment via email and voicemail
Can I get a restraining order on harassment via email and voicemail messages in Pennsylvania… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
How do you get a morals clause enforced in TX during a
How do you get a morals clause enforced in TX during a divorce with contested custody? The live in is a felon on probation. Adjudicated felony probation assault with a deadly weapon.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
I'm not sure if I'm in the right place, I was accused of
I was accused of sexual abuse against my 7 year old daughter. both the CPS and criminal investigations came back unfounded. … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Can I file a thief charges against my spouse claiming
Can I file a thief charges against my spouse for been claiming child support for 8 months, even if I was the only Custodial parent and the kids was with me all the time? is that fraud?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
My sister has been charged with breaking and entering (Mississippi).
My sister has been charged with breaking and entering (Mississippi). The plaintiff has a long criminal history and at the time she and my sister were feuding. My sister has also been arrested in the p… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My Husband is locked up for aggravated manslaughter. I just
My Husband is locked up for aggravated manslaughter. I just wrote a letter confessing to it, but right now i'm pregnant and am about to give birth. What would happen to my baby and would my letter all… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My ex wife has a order of protection agaisnt me and when she
My ex wife has a order of protection agaisnt me and when she filed it was for my son to. When we went court the Judge said it was any evidence for son and I didn't care about her big mistake. She was … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My attorney sent me fradulant bill. She has inflated charges
My attorney sent me fradulant bill. She has inflated charges by 4 times. Proofs that I have are as follows: 1) She has 2 email addresses under her name. Her paralegal read and respond to those emails.… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
My son was to have his pretrial for a criminal case stemming
My son was to have his pretrial for a criminal case stemming from a June 2008 incident on Friday, August 7, and go to trial on August 10-11 if necessary, but his attorney made a motion to withdraw on … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
What is the legal differnece between mentally ill and competent
What is the legal differnece between mentally ill and competent? My daughter has been charged with arson and has completed a course of treatment at a State Mentel Institution. They are saying now that… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x