Legal Question in Criminal Law in Michigan

show cause hearing

my son had a review hearing to get off probation,i wrote the wrong date down on the calender,i have fibromyalgia which messes my memory up,and i also toke him 2 the dr. on that day.i honestly FORGOT.ive complied w/all his probation requirements,now i have a show cause hearing for CRIMINAL contempt of court. i am so freaked out.ive never been in legal trouble b4.im 2 monthes pregnant,4 kids and dont want to go to jail.HELP!!!!


Asked on 12/04/07, 10:38 pm

2 Answers from Attorneys

Re: show cause hearing

I'd recommend that you contact an attorney right away to help you deal with this properly.

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Answered on 12/05/07, 8:04 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: show cause hearing

I am very confused by your story.

You say that your SON is the one on probation (and, thus, subject to court orders to do this, that or the other thing) ... but your story is "all about YOU" (YOU having bad memory, YOU having fibromyalgia, YOU forgetting, etc.). And what do YOU have to do to "comply with HIS probation requirements"??!!! How are you possibly being held in contempt of court for anything regarding his probation?? About the only way that I can think of it (and you don't say this in your message/question) is that your son is a juvenile on probation for a delinquency offense, and the family court HAS ordered you to do things. But I cannot see how, even here, your failure to bring your son to a juvie court review hearing (because you forgot/wrote down the wrong date/were shuttling him to doctor appointments) will result in a contempt sanction.

HE (your son) has to comply with probation requirements. You are not on probation ... HE is! Stop mothering him, or enabling him, or letting him hide behind you, or using YOU as an excuse! HE is on probation. HE need to grow up and do what the judge had told him to do. HE has to make sure that HE is at all required court hearings or other events/meetings ... and if you are not reliable transportation then HE has to make other arrangements. HE needs to maintain his own calendar of important dates, not his mommy! This is all part of maturing, being a responsible adult ... and actually taking responsibility for one's actions (and their consequences).

Telling the judge that "my mom forgot (or wrote down the wrong date) and has fibromyalgia so that's why I couldn't _____" is not an acceptable excuse to a judge (I hope). Frankly, it ought to be embarrassing for your son to ever try to USE that as an excuse. It's as lame as claiming that the dog ate his homework.

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Answered on 12/05/07, 9:48 am


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