Judges have the unique power to put people in jail for misconduct in courtrooms. It’s called contempt, and without a lawyer you can find yourself facing a judge who is acting as prosecutor, jury, and executioner. As anyone who has been held in contempt can tell you, this is not a good position to be in.
A judge can hold a person in contempt for many things: speaking out of turn in the courtroom, being disrespectful when asked a question, and refusing to comply with a judge’s request. All of these things can lead to open contempt hearings – and all of these things can lead to you being jailed for months at a time.
In Florida, contempt is defined as any refusal to obey a legal order or any conduct which prevents the court from conducting its business. As straightforward as that may sound, it can often be interpreted as punishing outbursts in court after harsh sentences. Many times I have seen it used to punish belligerence from a defendant during a disputed case. In giving the judiciary this power, the legislature’s goal was to give judges absolute authority over their courtrooms. And it worked.
However, people unfamiliar with the criminal justice system, particularly in hotly contested proceedings, can find themselves running afoul of a judge’s idiosyncracies. This is why self-representation is so dangerous. While a person has a constitutional right to represent themselves in court, that same person also has a constitutional right to an attorney.
If you are facing a criminal case, your freedom is at stake – in more ways than you know. The government will have an attorney there, working for the State’s interests. You should have one too. If you need representation in any criminal matter, visit my website at www.shafercriminallaw.com or call me at (904)350-9333 for a free consultation.
Regards,
Robert Shafer
Robert Shafer's Blog 