Legal Question in Criminal Law in Louisiana

Contempt of Court Penalties

My husband,who is on probation for another year for theft over $100, received a subpoena to appear in court for criminal Contempt of Court because he did not pay certain court fines as part of his original plea agreement. He is scheduled to go to court in January on this matter. He went in person last week and paid the court fines and has receipts. Does this now resolve the matter or is he still in legal jeopardy in this matter?


Asked on 12/13/04, 5:08 pm

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Contempt of Court Penalties

He should bring his receipts to court on the scheduled date.

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Answered on 12/13/04, 5:23 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: Contempt of Court Penalties

Dear LawGuru Friend,

We lawyers don't know the quick answer to everything. Sometimes we have to search for the applicable facts before we begin to apply the law we know, or before we begin to research the law that we do not necessarily know, but know where to find. My guess is that your hubby is OK now that he has paid up, but not necessarily so. One thing for sure, he needs to comply with the subpoena, not ignore it simply because he has paid up. If he is on probation, he needs to contact his probation officer and inquire if all is OK now that he has paid up. What state did this happen in? Any chance it is Louisiana? I have never heard of someone's being cited for contempt for failure to pay a fine. What usually happens is that the person is fined and given time to pay his or her fine and is maintained on supervised or unsupervised probation until the fine is paid. Then if the person (defendant/probationer) fails to pay the fine, that may constitute a violation of the terms of his probation so that the probation may be revoked and the defendant (probationer) made to serve the time in jail that was given in lieu of payment of the fine. Again, I am sure your hubby is in god shape, but he needs to check with the probation officer, D.A. (prosecutor), even with the Judge's office itself to see if he is still in jeopardy for having failed to pay his fine timely. Above all, he should not fail to appear at the time and place stated in his subpoena so that he can explain to the judge that he has now paid his fine. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 12/28/04, 7:50 pm


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