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Contempt of Court as Punishment for MIP Probation Violation

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Contempt of Court as Punishment for MIP Probation Violation

The penalty for Contempt of Court can be a serious offense. Depending on the judge in Oakland County Michigan, Judge Julie Nicholson and Judge Marc Barron for example, contempt power of the court may be used to punish MIP probationers for violating their probation. While a number of judges in Oakland County Circuit Court have found this to be unlawful, Judges in the 48th District Court and the 52-3 District Court continue to utilize this illegal practice.

(Related: Minor In Possession)

All first offense MIP Minor in Possession charges in Michigan are non-jailable offenses. Instead of a jail sentence, most MIP defendants are given reporting probation and if they violate, the courts will sentence them to jail for being Contempt of Court, even though their original crime was not punishable by a jail sentence.

The maximum incarceration for Contempt of Court has never exceeded 92 days in jail. Fines for being Contempt of Court could cost you up to $7500 per single act of Contempt, that are intended to punish the behavior.



Other Behavior or Actions that Can Lead to Contempt of Court:

1) Failure of a witness to appear as ordered by subpoena
2) Failure of a witness to testify as ordered by subpoena
3) Juror misconduct – Failing to appear without being excused when summoned as a juror, or failing to answer questionares could be construed as contempt.
4) Violation of a Court Order for a nuisance or otherwise.
5) Failure to Pay a Money Judgment – there are limitations to this.
6) Failure to Pay Child or Spousal Support
7) Violating a Parenting Time provision
8) Violation of a Personal Protection Order – PPO
10) Disruptive behavior in Court
11) Filing False Pleadings and Documents
12) Violation of Discovery Orders in Civil Cases
13) Interfering with a Witness or Obstructing Justice
14) Fiduciaries who violate Court Orders
15) Attorney conduct – Failing to appear at court dates, misbehavior, or disobedience of any process of lawful order of a Judge all could constitute contempt.

(Related: Misdemeanor Probation Violation)

At Rudoi Law, we know how to fight Contempt of Court charges. We will present the serious, aggressive defense you need. Our experience with the local legal environment can help us define a legal strategy that works best for you and your need for a fair and fast resolution. If you are facing Contempt of Court charges don’t risk the potential 90 days in Jail, contact an expert today,