Florida Contempt of Court Laws
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Orange County Criminal Lawyer - Contempt of Court:
Cases involving contempt of court have significant penalties, including jail time.
If you have been arrested for a contempt of court offense, you should speak
with an experienced criminal defense attorney at your earliest opportunity to
learn about your rights and the defenses that may be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some information about contempt of court.

Contempt of Court  is a refusal to obey any legal order, mandate or decree, made or given by any judge.  A
charge of contempt of court may involve failing to appear at a scheduled hearing or failing to abide by a condition of
bond the judge ordered.  In many cases, contempt can also involve the defendant's behavior and actions in the
courtroom towards the Judge after being given an order by the Judge.  A person convicted of contempt of court faces
up to 1 year in the County Jail.

The following Florida Statutes and Rules of Procedure provide some more information on the offense of Contempt
of Court.

Florida Statute 38.23 - Contempts defined.
A refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation
relative to any of the business of said court, after due notice thereof, shall be considered a contempt, and punished
accordingly. But nothing said or written, or published, in vacation, to or of any judge, or of any decision made by a
judge, shall in any case be construed to be a contempt.

Florida Statute 38.22 - Power to punish contempts.
Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any
such proceeding the court shall proceed to hear and determine all questions of law and fact.

Florida Statute 775.02 - Punishment of common-law offenses.
When there exists no such provision by statute, the court shall proceed to punish such offense by fine or
imprisonment, but the fine shall not exceed $500, nor the imprisonment 12 months.

Florida Rule of Criminal Procedure 3.830 - DIRECT CRIMINAL CONTEMPT
A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt
committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those
facts on which the adjudication of guilt is based. Prior to the adjudication of guilt the judge shall inform the defendant
of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he
or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given
the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the
judge and entered of record. Sentence shall be pronounced in open court.

Florida Rule of Criminal Procedure 3.840 - INDIRECT CRIMINAL CONTEMPT
A criminal contempt, except as provided in rule 3.830 concerning direct contempts, shall be prosecuted in the
following manner:

(a) Order to Show Cause. The judge, on the judge‘s own motion or on affidavit of any person having knowledge
of the facts, may issue and sign an order directed to the defendant, stating the essential facts constituting
the criminal contempt charged and requiring the defendant to appear before the court to show cause why the
defendant should not be held in contempt of court. The order shall specify the time and place of the hearing,
with a reasonable time allowed for preparation of the defense after service of the order on the defendant.

(b) Motions; Answer. The defendant, personally or by counsel, may move to dismiss the order to show
cause, move for a statement of particulars, or answer the order by way of explanation or defense. All motions
and the answer shall be in writing unless specified otherwise by the judge. A defendant‘s omission to file motions
or answer shall not be deemed as an admission of guilt of the contempt charged.

(c) Order of Arrest; Bail. The judge may issue an order of arrest of the defendant if the judge has reason to
believe the defendant will not appear in response to the order to show cause. The defendant shall be admitted to
bail in the manner provided by law in criminal cases.

(d) Arraignment; Hearing. The defendant may be arraigned at the time of the hearing, or prior thereto at the
defendant‘s request. A hearing to determine the guilt or innocence of the defendant shall follow a plea of not
guilty. The judge may conduct a hearing without assistance of counsel or may be assisted by the prosecuting
attorney or by an attorney appointed for that purpose. The defendant is entitled to be represented by counsel,
have compulsory process for the attendance of witnesses, and testify in his or her own defense. All issues of law
and fact shall be heard and determined by the judge.

(e) Disqualification of Judge. If the contempt charged involves disrespect to or criticism of a judge, the
judge shall disqualify himself or herself from presiding at the hearing. Another judge shall be designated by the
chief justice of the supreme court.

(f) Verdict; Judgment. At the conclusion of the hearing the judge shall sign and enter of record a judgment
of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the
contempt of which the defendant has been found and adjudicated guilty.

(g) Sentence; Indirect Contempt. Prior to the pronouncement of sentence, the judge shall inform the defendant
of the accusation and judgment against the defendant and inquire as to whether the defendant has any cause
to show why sentence should not be pronounced. The defendant shall be afforded the opportunity to present
evidence of mitigating circumstances. The sentence shall be pronounced in open court and in the presence of the
defendant.

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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
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represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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Florida Crimes & Laws