Legal Question in Criminal Law in Minnesota

i was charged with contempt of court and sentenced to 24 hrs in jail for swearing in the court room 2 weeks ago. Now today i received a citation and letter from the sheriff dept. stating that i am being charged with a disorderly conduct for the same incident of the the contempt and need to appear in court for it and i am wondering if that's legal? i am confused because that sounds like double jeopardy to me

Asked on 10/16/12, 2:11 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense Services

If I had a case like this, I would research the law of defenses like double jeopardy, as well as others, applicable in my client's situation. It seems possible - though contempt can be civil or criminal.

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Answered on 10/16/12, 9:20 pm

Maury Beaulier612.240.8005 Minnesota Lawyers

Contempt may be civil, which seems likely given the facts presented. If it is not civil, it would seem that there may be a viable constitutional argument related to double jeopardy assuming you were convicted of a criminal charge of contempt which would require a plea or a trial where you are found guilty.

For a consultation call 612.240.8005.

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Answered on 10/21/12, 9:32 pm

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