Legal Question in Criminal Law in Maryland

my boyfriend had a court date feb 2nd for constructive criminal contempt.he wrote a false letter to the judge for a prior dui a few years ago and he told his now former boss about it and since they had a falling out his boss informed the judge the letter was a flasified document.the letter stated that my boyfriend was simply a good worker.On feb 2nd he was not sentenced. sentencing will be held feb 12th until then he is being held at the detention center without bail.the states attourney is only asking for 30 days. what is the likely hood of him being released on feb 12th and not having to serve anymore time? and how could he or his public defender initiate that?his public defender stated he would need to show the judge he is very very remorseful and that he has learned a valuable lesson which he indeed has. but i would like a professional opinion from a outsider on how his chances look of getting released feb 12th?


Asked on 2/06/10, 3:02 pm

2 Answers from Attorneys
Jed Sorokin-Altmann Law Office of Jed Sorokin-Altmann

I'm sorry, but I do not believe your question is one that can be answered... There are many factors that go into sentencing decisions including what is his criminal record, who is the judge, how long has your boyfriend been in custody, etc. Public defenders are generally experienced and smart, though, and I wish you and your boyfriend the best of luck tomorrow.

Warmly,

Jed Sorokin-Altmann, Esq.

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Answered on 2/11/10, 3:22 pm
William Welch William L. Welch, III Attorney

If he has already been found guilty of the contempt, then the judge will probably give some period of incarceration, because the court will want to send a strong message about actions that threaten the integrity of the judicial process. If he has not already been found guilty, then whether he gets sentenced at all depends on whether there is proof of the charge. For instance, do the witness(es) against your boyfriend appear, and is there legally reliable evidence of his admission. His lawyer should discuss all of this with him and answer all of his quesitons.

Your boyfriend is the one who must demonstrate to the court that he is remorseful, and his lawyer should help him prepare to do this. At sentencing, most judges are more interested in the defendant's state of mind than in his lawyer's.

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Answered on 2/12/10, 3:38 am


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