In New Jersey, disregarding a court’s authority or disobeying a court order can lead to contempt of court charges. Allegations of criminal contempt should not be taken lightly. Depending on the specifics of the violation, a conviction could leave you facing months or years in jail and significant fines.
If you have been charged with contempt of court in Ocean County, the Law Offices of William C. Fay IV can help. As a former Deputy Attorney General with the New Jersey Office of the Attorney General, William Fay, Esq. has extensive courtroom experience as a prosecutor and a criminal defense attorney. This background gives him insight into how the state approaches contempt cases, which he uses when building defenses for his clients.
Call or contact us today for a free consultation with an Ocean County criminal contempt of court lawyer.
What Is Criminal Contempt of Court Under New Jersey Law?
Per N.J.S.A. Section 2C:29-9, criminal contempt of court is the act of purposefully or knowingly disobeying a judicial order or hindering, obstructing, or impeding a court’s authority. In simple terms, criminal contempt of court is being asked by a court to act or behave in a certain way, being aware of that fact, and failing to follow the court’s instructions.
What to Do If You Are Charged with Criminal Contempt in Ocean County
The first thing to do if you’ve been charged with criminal contempt in Ocean County is to contact an experienced criminal defense lawyer. Be respectful to law enforcement or the judge, and ask for an attorney. Your lawyer can review the charges with you, discuss potential penalties and next steps, and launch an independent investigation of the case.
Common Situations That Lead to Criminal Contempt Charges
Various scenarios can lead to charges of criminal contempt. Some of the most common circumstances that give rise to contempt charges include:
- Violating a restraining order
- Ignoring a court-ordered no-contact condition
- Failing to appear in court when a court order requires it
- Willfully ignoring a subpoena
- Refusing to follow a judge’s instruction
- Violating terms of release or probation
Criminal Contempt for Violating TROs and FROs
Criminal contempt charges can arise from the violation of court orders as well as temporary or final restraining orders (TROs and FROs).
Violations of TROs and FROs often arise out of domestic violence cases. If an order says there can be no contact with the protected person, that usually means no calls, texts, emails, social media messages, in-person visits, or communication through friends or family members. Even a brief or seemingly harmless message can lead to a contempt charge if it violates the terms of the order.
In either case, prosecutors need to prove that the order was valid, the person knew about it, and that they purposely or knowingly disobeyed it.
Penalties for Criminal Contempt in New Jersey
The contempt of court punishment you might face if you’re convicted of criminal contempt in New Jersey depends on the underlying facts of the case and how the offense is charged.
- Third-degree crimes: Three to five years in prison and a fine of up to $15,000
- Fourth-degree crimes: 18 months in prison and a fine of up to $10,000
- Disorderly persons offenses: Up to six months in county jail and a fine of up to $1,000
At our firm, Mr. Fay reviews the facts of each case carefully to identify defense strategies and ways to weaken the prosecution’s case to argue for reduced charges, plea bargains, and case dismissals when appropriate.
Defenses to Criminal Contempt Charges
If you’ve been charged with criminal contempt of court, don’t panic. There are many potential defenses available to you. Depending on the circumstances, your criminal contempt of court attorney might pursue one of the following:
- Lack of knowledge of the order
- No clear violation
- Unclear or ambiguous language in the order
- Accidental or unintentional contact
- Mistaken identity
- False accusation
- Lack of sufficient evidence
- Emergency or necessity
- Invalid or expired order
Why Choose the Law Offices of William C. Fay IV?
There are many criminal defense lawyers in Ocean County, and you need to be selective when evaluating potential legal representation.
Here’s why you should choose the Law Offices of William C. Fay IV:
- Mr. Fay has focused on New Jersey criminal law for over a decade.
- He has a proven track record of obtaining acquittals, dismissals, and reduced charges in a broad range of criminal cases, from serious felonies to disorderly persons offenses.
- Our firm prioritizes personal relationships and tailors each client’s case based on the facts, not cookie-cutter defenses.
- You work directly with Mr. Fay, not a paralegal or legal assistant.
- We’re accessible. We offer free consultations by phone and in person.
Here’s what our former client Eric had to say about us:
“Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer.”
Speak With a Criminal Contempt of Court Attorney in Ocean County
Being held in contempt of court doesn’t mean you’re guilty. The prosecution has to prove its case beyond a reasonable doubt. You deserve a criminal defense lawyer with the knowledge and experience to assess the state’s case and respond effectively. The Law Offices of William C. Fay IV handles criminal cases in Ocean County and the surrounding areas. Contact us today for a free case review.