How can I fight a contempt of court charge made against my 14 year-old son?
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How can I fight a contempt of court charge made against my 14 year-old son?
My son went to court with me for a review. He had been ordered to complete 15 hours community service, pay a fine and attend a ROPES course. All items were completed before the review date. The judge said OK great but now I need a clean U.A. I was told on the spot that I needed to sign a consent form and pay $25. I calmly contested, reminding the judge that my son had completed everything he was ordered to do and I would not sign any permission form to do the U.A. He immediately had my 14 year-old cuffed and stated the he was now charged with contempt of court and was taken to jail.
Asked on November 23, 2010 under Criminal Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It may be time for you to at least consult with a criminal defense attorney in your area. While it is true that the law leavesa Judge with much leeway in deciding matters and sentencing (known as judicial discretion), it does not mean that there actions, when clearly opposite of justice, do not go unchecked and even reversed. But you can not know if the Judge was outside his discretion here unless you speak with an attorney familiar with the sentencing guidelines. From the way that you have phrased the question it appears that he threw a new wrench in to the system and that you were possible incorrectly advised of the full requirements prior to your last appearance in court. But having him taken away was a nasty thing for anyone to do to a Mother. Seek help. Good luck.
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