Legal Question in Criminal Law in Florida

Direct Criminal Contempt Judgement

What is the remedy for a direct criminal contempt judgement, if not guilty of it? The judge was biased & prejudiced from the beginning and used the criminal contempt as retaliation to not one but 2 failed attempts to file motions for a recusal of the judge- both denied by the same judge. The sentencing was going to be entered right on the Monday immediately following the Friday judgement. On Saturday I had a car accident and taken to the hospital together with my mother. Attorney went to court on the hearing for sentencing for criminal contempt providing a letter informing the Judge on the car accident excuse. Never the less the same Judge ordered a writ of bodily attachment with NO bond.

Please provide possible remedies to have the writ for bodily attachment dismissed and the false criminal contempt judgment reversed.

Is an appeal to a higher court the only option? Is there any benefit from filing a motion to stay execution of sentence with the lower court? Will the motion to stay pending appeal revoke the writ of bodily attachment?


Asked on 9/25/07, 4:43 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Direct Criminal Contempt Judgement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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Scott R. Jay, Esq.

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Answered on 9/25/07, 11:09 pm


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