18 Year Old Girl Gets Jail Time For Cursing & Flipping Off Judge

[FrankGator627]

She's entitled to present mitigation or excuse so in my mind that's a hearing.

[g8rjd]

Originally Posted by FrankGator627

She's entitled to present mitigation or excuse so in my mind that's a hearing.

I'll rephrase. Without the appointment of counsel, notice of charges, and other protections that are generally afforded to criminal defendants. It is within the power of the court to punish for contempts that occur directly before it and to do so summarily upon a failure to show cause as to why that contempt should not be punished.

[ufrulz2]

And I'm not so sure she's entitled to present mitigation or excuse, at least in federal court. Certain affronts are so egregious that they are punishable on the spot.

[ufrulz2]

Originally Posted by g8rjd

I clarified that my statement was "in Florida," thus supplementing your response. That's my story and I'm sticking to it.

[RattlerGator]

Frank, you overstated twice didn't you? Neither action "violated" the law. Both could be questioned as to prudence, sure, but that's a different matter.

Personally, I think the judge did the right thing, even if she was under the influence.

[Potzer01]

Well there is one sure fire way to make criminals, put drug offenders in jail.

[gatorman_07732]

Originally Posted by g8rjd

Incorrect. Direct criminal contempt can be summarily punished without a hearing in Florida.

Can you please explain for a layperson if that was an informal or formal hearing. I guess it really doesn't matter in this case, but just curious. I just couldn't see how someone could act like she did in that courtroom and not have repercussions.

[g8rjd]

Originally Posted by gatorman_07732

Can you please explain for a layperson if that was an informal or formal hearing. I guess it really doesn't matter in this case, but just curious. I just couldn't see how someone could act like she did in that courtroom and not have repercussions.

There are four categories of contempt: direct and indirect, and civil and criminal. The difference between direct and indirect is whether the offending behavior occurs in the presence of the judge. If it is in the judge's presence, it is direct contempt. If it is outside the judge's presence, it is indirect contempt. The difference between civil and criminal is based upon the punishment. If the contemptor "holds his own key" then it is civil contempt (ie. you will be jailed until you testify). If the contemptor does not "hold his own key" then it is criminal contempt (ie. you will be jailed for 30 days).

If a person commits indirect contempt and the prospective punishment is criminal, then they are entitled to all the constitutional protections of any other criminal defendant, such as formal notice, appointment of counsel if they are indigent, confrontation of witnesses, etc. Direct criminal contempt, however, is different. Because the contemptuous conduct occurred in the presence of the judge, then the judge can summarily punish it without those safeguards, as the purpose of the punishment is immediate vindication of the authority of the court. The latter is what happened here (making an obsecene gesture and cursing at the judge in his presence) which is why the judge's summary punishment was not illegal.

By "hearing," I was referring to the constitutional protections that apply to indirect criminal contempt. Admittedly, it was less than precise.

[gatorman_07732]

Originally Posted by g8rjd

There are four categories of contempt: direct and indirect, and civil and criminal. The difference between direct and indirect is whether the offending behavior occurs in the presence of the judge. If it is in the judge's presence, it is direct contempt. If it is outside the judge's presence, it is indirect contempt. The difference between civil and criminal is based upon the punishment. If the contemptor "holds his own key" then it is civil contempt (ie. you will be jailed until you testify). If the contemptor does not "hold his own key" then it is criminal contempt (ie. you will be jailed for 30 days).

If a person commits indirect contempt and the prospective punishment is criminal, then they are entitled to all the constitutional protections of any other criminal defendant, such as formal notice, appointment of counsel if they are indigent, confrontation of witnesses, etc. Direct criminal contempt, however, is different. Because the contemptuous conduct occurred in the presence of the judge, then the judge can summarily punish it without those safeguards, as the purpose of the punishment is immediate vindication of the authority of the court. The latter is what happened here (making an obsecene gesture and cursing at the judge in his presence) which is why the judge's summary punishment was not illegal.

By "hearing," I was referring to the constitutional protections that apply to indirect criminal contempt. Admittedly, it was less than precise.

Many thanks.....The way I see it she had this coming, and maybe there is a slight chance it knocks some sense into the fat between her ears.

[gatorace]

So lets see if i got this right.

If you plan on flipping off a Judge, dont let him see it or its direct contempt. If a baliff see's it but the Judge does not, it is indirect contempt.

So as i understand it, DONT FLIP OFF THE JUDGE.....
I think i got it now.

[Jaggator]

Can't feel sympathy for someone that gives the middle finger to a judge during a hearing and telling him to get f___k as she walked away. That is flat out stupid. She is just immature & dumb the way she was giggling giving her answer when the judge was asking her questions.

[Sylez_G_Koolaid]

Originally Posted by Jaggator

Bro, does that mean you'd hit it?

I'm just saying, if she isn't already a stripper, she has it in her future. That's my educated observation. And I'd partyrock with her for real, bruh.

[rpmGator]

The judge said bye-bye, with is about what she did also. Since when did adios mean more than bye bye. The doubling wasn't warrented, the reaction should never have happend, and now we get the bill for thirty days of jail time.

She never should have reacted, but she acted like a kid, and so did the judge.

[gtr2x]

Originally Posted by Sylez_G_Koolaid

I'm just saying, if she isn't already a stripper, she has it in her future. That's my educated observation. And I'd partyrock with her for real, bruh.

must be the red hair at least i think it is red or maybe it's purple.

Stupid move on her part, but I can relate to some degree having witnessed a few court proceedings. No matter how much you want to say something you're always better off just biting the bullet. The judge always gets the last word.

[DowntownGator]

She'll cry to the judge and won't serve a day of the sentence.

Book it.

[FrankGator627]

Originally Posted by DowntownGator

She'll cry to the judge and won't serve a day of the sentence.

Book it.

Contempt charges were dropped today.

[myamiG8R]

Originally Posted by FrankGator627

The judge was so out of line. He violated the law twice in a minute long span.

Disagree to the first comment. The second comment is completely inaccurate.

[GolphinGator]

These kids have no respect for anyone. My bet is in 10 yrs she will have 6 kids fathered by 15 men and tax payers will be supporting all of them.

I know I should not have written that but I don't care because I believe I am correct, just not politically.

[exiledgator]

Originally Posted by GolphinGator

These kids have no respect for anyone. My bet is in 10 yrs she will have 6 kids fathered by 15 men and tax payers will be supporting all of them.

I know I should not have written that but I don't care because I believe I am correct, just not politically.

Or mathematically.

[bakaduin]

Originally Posted by FrankGator627

Contempt charges were dropped today.

But not for any legal reason. They were dropped because she apologized to the court and admitted to being on Xanax and alcohol during the hearing while agreeing to complete a drug court program.

http://www.cbsnews.com/8301-504083_1...-day-sentence/