Contempt Of Court In California – Penal Code 166 PC
Contempt of court in Los Angeles comes up in several different circumstances. You don't see it prosecuted too often. Usually, a judge has issues with somebody's behavior related to a criminal case in the courtroom where the judge presides.
A contempt proceeding can arise in several ways, and it doesn't necessarily have to be limited to a particular defendant. It could involve audience members, the attorney, or somebody disobeying a court order—there are several different ways that a contempt issue can arise under California Penal Code Section 166.
Rude and Disrespectful Behavior
As far as defendants go in a contempt order, if a defendant is acting rude and nasty, yells at the judge, curses, is not doing what they're supposed to, or is being disrespectful, then that defendant can be held in contempt of court, can be prosecuted, can be placed in jail, can be fined – several different things can be done.
But usually, contempt has to do with disrespectful, belligerent, crazy behavior. The person is simply not following court rules and is out of control, and the judge has to control them to keep the court proceedings going in a legal manner.
Uncooperative Witness
Another area where I've seen is with witnesses. If witnesses fail to follow the rules, won't testify, won't listen to what the judge is telling them, fail to obey the judge's order or commands, or fail to show up, there are several different ways that a witness can be held in contempt and prosecuted under Penal Code Section 166.
A lot of time, people don't want to testify. They claim they want to plead their Fifth Amendment rights, which is the right to remain silent to avoid self-incrimination.
However, they don't have Fifth Amendment rights if they're not saying something that might incriminate themselves. If they're saying they don't want to testify, and nothing they say could incriminate them, the judge can say, hey, I'm going to hold you in contempt of court.
It would be best if you answered the questions. You're in a courtroom. You've been asked a direct question and need to answer it, and if you don't answer it, I will hold you in contempt of court.
Attorneys Who Don't Follow Instructions
Another area where I see people getting held in contempt is attorneys. Sometimes, attorneys go too far. They're crazy. They say a bunch of stuff. They won't listen to the court.
They won't follow the court's instructions. They do something impermissible. They lie. Those attorneys can be held in contempt. They can be filed. They can even be jailed.
If they refuse to cooperate with the criminal process and do not conduct themselves as proper attorneys, then an attorney can even be held in contempt. This is very serious. The California State Bar, the regulatory body for attorneys, can become involved.
So, a judge has a lot of power to keep somebody in contempt under Penal Code Section 166, depending on the circumstances. Sometimes, a judge can go too far and claim that somebody is doing something wrong, and all the attorney does is try to defend their client to the best of their ability based on the circumstances they find them in.
Failure to Comply With Court Order
Finally, where I've seen contempt has to do with court orders. The court orders somebody to do something, and that person says no, I'm not doing it, or ignores the judge.
Well, if someone is not cooperating with an official order, and it's a lawful order, that's an angle there – if it's not a lawful order, then you don't have to comply with it.
Still, if it's a lawful order and the judge is within their prevue and the person is ignoring them and not obeying that court order, then that person can be held in contempt, fined, or jailed. The judge has a lot of authority regarding people not doing what they're supposed to, not listening to the court, and not observing the court's authority in our American justice system.
So, if you're charged with contempt, here's what to expect. You'll be asked to come in, sit down, and go over everything with your attorney.
Sometimes, your attorney will pull the record, or call the court reporter to get a record of whatever happened. Then, your attorney can assess whether or not this is appropriate for contempt proceedings or whether there's some defense to it. Your attorney will work to preserve your record and reputation and keep you out of custody.
