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So your probably facing federal contempt of court charges and your ABSOLUTELY CONFUSED because you thought contempt just meant yelling at judge. Maybe you violated court order in federal case. Maybe there’s allegations you disobeyed subpoena or refused to testify. Or maybe prosecutors claim you obstructed administration of justice through misconduct. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because contempt under 18 USC 401 can mean indefinite imprisonment until you comply and federal courts have TWO types of contempt – criminal contempt with fixed punishment and civil contempt where you “hold keys to your own cell” and can purge by complying – but judges sometimes use criminal contempt disguised as civil to bypass procedural protections!
Let me explain the statutes giving federal courts power to punish disobedience. Section 401 grants federal courts authority to punish contempt in three categories: misbehavior in court’s presence obstructing justice, misbehavior of officers in official transactions, and disobedience to lawful orders! Broad power to enforce court authority!
Section 402 addresses contempt involving disobedience to orders when disobedience also constitutes criminal offense! Violating court order that prohibits conduct already criminalized! 2024 amendment added FISA courts to statute!
Here’s what’s really scary – civil contempt can result in INDEFINITE detention until you comply! “Coercive” incarceration with no fixed end date! You stay in jail until you do what judge ordered!
Critical distinction: criminal vs civil contempt! Criminal contempt punishes PAST disobedience with fixed sentence! Civil contempt compels FUTURE compliance with open-ended sanctions! Different purposes, different procedures, different protections!
Understanding this distinction is CRITICAL for your rights!
Criminal contempt is PUNITIVE and backward-looking! Aims to vindicate court’s authority and punish disobedience already accomplished! Penalty is fixed and definite term of imprisonment or unconditional fine! Can’t avoid punishment by later compliance!
Criminal contempt is separate criminal proceeding! Charged like any federal crime with all constitutional protections – right to jury trial if penalty exceeds six months, proof beyond reasonable doubt, presumption of innocence! Treated as criminal prosecution!
Civil contempt is COERCIVE and forward-looking! Aims to compel compliance with court orders to benefit party! Purpose is enforcement not punishment!
Civil contempt has “purge” condition! Contemnor “holds keys to own cell” – can end sanctions by complying with order! “Pay $10,000 or stay in jail until you pay”! As soon as you pay, you’re released!
But judges sometimes impose “criminal contempt disguised as civil”! Calling it civil to avoid criminal procedure protections while imposing what’s really punishment! We challenge these hybrid proceedings!
Test for distinguishing: look at PURPOSE not label! If primarily to punish past conduct, criminal even if labeled civil! If primarily to coerce future compliance, civil! What judge calls it doesn’t control!
Statute authorizes contempt for three distinct types of conduct!
Section 401(1): Misbehavior in or near court’s presence obstructing administration of justice! Four elements: (1) misbehavior of person (2) in or near presence of court (3) which obstructs administration of justice (4) committed with required criminal intent!
“Misbehavior” includes disrupting proceedings, threatening judges or witnesses, refusing to follow court directions! Yelling at judge, fighting in courtroom, intimidating jurors – all qualify! Actual disruption of proceedings!
Section 401(2): Misbehavior of court officers in official transactions! Court clerks, bailiffs, marshals, probation officers who abuse positions or violate duties! Targets corruption or misconduct by court personnel!
Section 401(3): Disobedience or resistance to lawful writ, process, order, rule, decree, or command! Violating court orders, ignoring subpoenas, refusing to comply with injunctions! Broadest category covering any disobedience to court!
Most common prosecutions under 401(3)! Ignoring federal subpoenas to testify or produce documents! Violating protective orders, restraining orders, injunctions in federal cases!
Elements vary based on which subsection charged!
For 401(1) courtroom misbehavior: Must prove WILLFUL conduct that obstructed justice! Intentional and deliberate acts disrupting proceedings – not accident or negligence! Must show criminal intent!
“Obstruct administration of justice” means interfere with court’s ability to function! Preventing testimony, intimidating parties, disrupting order in courtroom! Actual interference required!
For 401(3) disobedience to orders: Must prove ORDER was clear and unambiguous! Person must have known what court required! Vague orders can’t support contempt!
Must prove defendant KNEW of order! Can’t violate order you never knew about! Proper service or actual knowledge required!
Must prove WILLFUL violation! Intentional disobedience not inability to comply! If you tried to comply but couldn’t, not contempt! If you deliberately refused, contempt!
Must prove BEYOND REASONABLE DOUBT for criminal contempt! Same standard as any criminal case! But only preponderance for civil contempt!
Sentences vary dramatically between criminal and civil!
Criminal contempt under 401: NO SPECIFIED MAXIMUM in statute! Courts have discretion but must ensure penalties proportionate! Precedent guides sentencing!
If summary criminal contempt (immediate finding), typically limited! Courts generally limit summary contempt to six months or less to avoid jury trial requirement! Over six months triggers right to jury!
Criminal contempt under 402: fines up to $1,000 and imprisonment up to six months! Specific statutory limits for 402 violations!
Civil contempt: INDEFINITE detention possible! Can be jailed coercively until comply with order! “Keys to own cell” means sanctions end when you comply!
Daily fines in civil contempt! $1,000 per day until compliance, $10,000 per day, whatever amount coerces compliance! Accrues indefinitely!
But indefinite civil detention has limits! If becomes clear person will never comply, continued detention becomes punitive not coercive! Must release if coercion futile!
Wide range of conduct prosecuted as contempt!
Ignoring federal subpoenas! Refusing to testify before grand jury, failing to produce documents in response to subpoena! Most common contempt scenario!
Violating protective orders in federal litigation! Disclosing information court ordered sealed, contacting persons court forbid you from contacting! Discovery violations!
Disrupting federal court proceedings! Outbursts in courtroom, threatening judges, fighting with opposing parties! Courtroom misconduct!
Refusing to testify after immunity grant! Witness granted immunity has no Fifth Amendment right – refusal to testify is contempt! Coercive jailing until testifies!
Violating injunctions in federal cases! Continuing conduct that federal injunction prohibited – copyright infringement, environmental violations, antitrust conduct!
Violating release conditions while on pretrial release or supervised release! Disobeying conditions judge imposed as terms of freedom! Though usually charged separately!
Several defenses exist but contempt power is broad!
Order was VAGUE or AMBIGUOUS! If order wasn’t clear about what required, can’t support contempt! We establish order didn’t give fair notice of obligations!
Lack of KNOWLEDGE of order! If never properly served with order or never informed, can’t be in contempt! Must prove you knew about order you allegedly violated!
INABILITY to comply! If physically or legally impossible to comply with order, not willful violation! Can’t produce documents you don’t have! Can’t pay fine you’re unable to pay!
Fifth Amendment privilege! If testimony would incriminate you and you haven’t been granted immunity, can invoke Fifth and refuse to testify! Valid assertion prevents contempt!
Order was UNLAWFUL! If underlying order violated law or exceeded court’s authority, may not support contempt! But generally must appeal order not simply disobey – “collateral bar rule”!
Not WILLFUL disobedience! If violation was accidental, mistake, misunderstanding – not willful! Lack of intent to disobey!
Civil contempt mislabeled as criminal! If proceedings lack criminal procedure protections but impose fixed punishment, we challenge as improper criminal contempt without due process!
Two procedural paths with different protections!
Summary contempt: IMMEDIATE finding and sentencing without trial! When contemptuous conduct occurs in court’s presence, judge can summarily find contempt and impose immediate punishment! No hearing, no jury!
Summary contempt limited to conduct in court’s actual presence! Disrupting proceedings, attacking witness on stand, threatening judge in courtroom! Judge personally observes contemptuous act!
Summary contempt typically limited to six months or less! Over six months imprisonment requires jury trial under Supreme Court precedent! Judges keep summary contempt sentences short to avoid jury requirement!
Regular contempt: NOTICED hearing with procedural protections! When contempt occurs outside court’s presence – violating order, ignoring subpoena – must be charged formally! Due process protections apply!
Right to counsel in regular contempt! Notice of charges, opportunity to present defense, proof beyond reasonable doubt for criminal contempt! All criminal procedure protections if charged as criminal contempt!
Jury trial right if penalty exceeds six months! Sixth Amendment right to jury trial applies to serious criminal contempt – defined as over six months potential imprisonment!
Look, we’re not your typical lawyers who don’t understand contempt’s civil vs criminal distinctions. We’re former federal prosecutors who USED contempt power and know EXACTLY how to challenge willfulness element and purge civil contempt sanctions!
We understand how to prove orders were vague or ambiguous! We know when inability to comply defeats willfulness! We can challenge criminal contempt disguised as civil! Most importantly, we negotiate purge conditions in civil contempt to get you out of jail!
Other lawyers don’t recognize collateral bar rule traps! They miss Fifth Amendment defenses! Their ignorance leads to indefinite detention that could be avoided!
Call us RIGHT NOW at 212-300-5196
Contempt hearings scheduled – purge conditions need immediate negotiation!
Former federal prosecutors – Contempt defense specialists – Available 24/7!
Don’t ignore federal court orders thinking contempt is minor! Civil contempt means INDEFINITE jail until you comply – could be years! Criminal contempt means criminal record and fixed sentence! In contempt cases, understanding difference between coercive and punitive sanctions is critical! Call us NOW!
Remember – federal contempt charges aren’t just about yelling at judges, there about violating any federal court order. One ignored subpoena, one violated injunction, one disclosure of sealed information can mean indefinite detention or criminal conviction. You need someone who understands both purge condition negotiation AND willfulness defenses. Call us NOW before contempt charge puts you in jail indefinitely!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS