A man was recently arrested and held in Contempt of Court for live streaming an attempted murder trial. According to the news report, the man was friends with the accused on trial and had his cell phone out when deputies approached him and asked to see his phone. He handed it over and the deputies not only discovered that he was recording the trial, he was also live streaming it on Facebook. In order to record or broadcast court proceedings, you must have prior approval of the presiding judge. Needless to say, the man had not asked the judge if he could record and live stream the trial. The judge allowed him to explain himself, and he denied making a video recording, stating that he was audio recording it for his music. The judge made a finding of direct contempt and sentenced the man to 6 months in jail. Had this occurred in Greeley, Erie, or Evans, a 6-month sentence to the Weld County Jail for Contempt would be the maximum sentence a judge could hand down.
Weld County Contempt of Court Lawyer: What is Contempt in Greeley, Colorado?
The Colorado law definition of Contempt – according to C.R.C.P. 107 – is:
There are two types of contempt that a judge can find in Weld, Morgan, and Logan County – direct contempt and indirect contempt. Direct contempt is:
Indirect contempt, on the other hand, is:
Basically, because the man was found in the court, violating a rule, or by lying to the judge about his conduct, he was accused of direct contempt. The proceedings surrounding direct contempt allow a judge to address it immediately, give a statement on the record regarding the facts of the contempt and allow the accused to give a mitigation statement as well. This is the procedure the judge followed for the man above, who admitted to audio recording the trial, but had no explanation for the live streaming, and as such was sentenced and taken into custody on the spot.
What is the Punishment for Contempt in Fort Morgan?
The maximum sentence for a Contempt finding is 6 months in the Weld County Jail and fines. A sentence this long is not common in Contempt cases, but there is always a chance a judge can give the maximum. It seems in the case above, there were witnesses very reluctant to testify, so live streaming it could have led to some witness intimidation, or influencing the testimony of future witnesses, which is a felony crime.
If you or someone you love is being held in Greeley Contempt of Court, be smart, exercise your right to remain silent, and contact the best Contempt criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Source: Pixabay – TeroVesalainen