Family Law
Rights if Charged with Criminal Contempt in TennesseeWARNING! YOU HAVE RIGHTS WARNING! 1. You have the right to have notice of the nature of the charge to which you are accused, and the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and, if applicable, that a different or additional punishment may result by reason of prior convictions or other factors which may be established in the present action if convicted. 2. If you are not represented by an attorney, you have a right to be represented by an attorney at every stage of the proceedings against you, and if found indigent, one will be appointed to represent you. 3. You have a right to plead not guilty or to persist in that plea if it has already been made, and, you have the right to be tried by a jury if you are charged for violation of Tenn. Code Ann. sec. 36-5-104, child support, which was held in Brown v. Latham to be a criminal statute, and at that trial you have the right to the assistance of counsel, the right to confront and cross-examine witnesses against you, and the right not to be compelled to incriminate yourself. 4. You have a right to notice of the proceedings and the notice shall state the time and place of hearing, and shall allow a reasonable time for the preparation of a defense, and shall state the essential facts constituting the charges against you and described as such. You are entitled to admission to bail as provided in Tenn. R. Crim. P. 32. You really need an attorney for this. Your attorney should file a detailed answer to the charges made against you, including all affirmative defenses you may have. The attorney should be prepared to assert your rights, which in some cases will incur the wrath of the court. This area of the law is simply to complicated not to have counsel. The old adage, a client who represents himself, has a fool for a lawyer, is particularly appropriate here. |
