The Bronx, NY asked in Constitutional Law and Criminal Law for New Jersey

Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In New Jersey, if you were arrested for contempt of court and charged with an additional contempt that you were not previously aware of, there are some legal considerations to keep in mind. Firstly, for a contempt charge, it's typically required that you be made aware of the court order you're accused of violating. If you were not served with the August 25, 2023 charge until September 12, 2023, this raises questions about the validity of the initial arrest and charge.

Discrepancies in arrest records and actual arrest dates need to be addressed. If documents are showing an arrest on August 25 for a charge you were only made aware of on September 12, this could be an error or a legal issue that needs clarification.

It's crucial to address these concerns with your attorney. They can review the circumstances of your arrest and the charges against you, ensuring that your rights were not violated. If procedural mistakes were made, these could be significant in your defense.

If you don't have an attorney, it's advisable to seek legal representation as soon as possible. Handling contempt charges can be complex, and an attorney can guide you through the process and advocate on your behalf.

Remember, in legal matters, especially those involving potential errors or rights violations, prompt action and professional legal advice are key to protecting your interests and ensuring a fair process.

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