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Rule 3.840(g): can the defendant raise any errors committed by the trial court?

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daniel78

Member
What is the name of your state? Florida

Florida Rule 3.840(g) Sentence; Indirect Contempt, says as follows on indirect criminal contempt procedure: “Prior to the pronouncement of sentence, the judge shall inform the defendant of the accusation and judgment against the defendant and inquire as to whether the defendant has any cause to show why sentence should not be pronounced.”

My question is: As part of response to “any cause to show why sentence should not be pronounced”, can the defendant present any mistakes/errors committed by the court (in the accusation and/or judgment), in finding the defendant in indirect criminal contempt? For example, in the judgment, if the court said that defendant violated a condition XYZ specified in the order, but the order did not say anything about XYZ. Similarly, can the defendant say that the court violated Rule 3.840(a) if the defendant was not given any show cause order (Rule 3.840(a) says: Order to Show Cause. The judge, on the judge’s own motion or on affidavit of any person having knowledge of the facts, may issue and sign an order directed to the defendant, stating the essential facts constituting the criminal contempt charged and requiring the defendant to appear before the court to show cause why the defendant should not be held in contempt of court.). That is, in defendant’s response (to why the sentence should not be pronounced), can the defendant raise ANY errors/mistakes/violations committed (start from the beginning) by the trial court to arrive at the judgment?
 


quincy

Senior Member
What is the name of your state? Florida

Florida Rule 3.840(g) Sentence; Indirect Contempt, says as follows on indirect criminal contempt procedure: “Prior to the pronouncement of sentence, the judge shall inform the defendant of the accusation and judgment against the defendant and inquire as to whether the defendant has any cause to show why sentence should not be pronounced.”

My question is: As part of response to “any cause to show why sentence should not be pronounced”, can the defendant present any mistakes/errors committed by the court (in the accusation and/or judgment), in finding the defendant in indirect criminal contempt? For example, in the judgment, if the court said that defendant violated a condition XYZ specified in the order, but the order did not say anything about XYZ. Similarly, can the defendant say that the court violated Rule 3.840(a) if the defendant was not given any show cause order (Rule 3.840(a) says: Order to Show Cause. The judge, on the judge’s own motion or on affidavit of any person having knowledge of the facts, may issue and sign an order directed to the defendant, stating the essential facts constituting the criminal contempt charged and requiring the defendant to appear before the court to show cause why the defendant should not be held in contempt of court.). That is, in defendant’s response (to why the sentence should not be pronounced), can the defendant raise ANY errors/mistakes/violations committed (start from the beginning) by the trial court to arrive at the judgment?
What is the case about?

This isn't a defamation claim that you have written about before on this forum under a different user name, is it?

You have posted this thread in the Civil Litigation section of the forum but you speak of both a judgment and sentencing.
 

daniel78

Member
Thank you sir.
I have no attorney at present. I posted a question yesterday on sufficiency of evidence using the same user name and eventually removed it as I got the answer while reading other material
 

Zigner

Senior Member, Non-Attorney
It is frowned upon to delete threads on this forum. The information in your thread may help others, and it also can give us background for the matter.
 

daniel78

Member
Thank you sir. Apologies and will not do again. The current thread is addressing almost an entirely different issue.
 

quincy

Senior Member
Thank you sir.
I have no attorney at present. I posted a question yesterday on sufficiency of evidence using the same user name and eventually removed it as I got the answer while reading other material
Did you appear originally at the Show Cause hearing?

Did you present to the court any explanation for your failure to follow the terms of the order or present any defense?

Again, what was the reason for the court order (i.e., what does the case concern) and what was the reason for the subsequent contempt hearing?
 

daniel78

Member
Thank you sir. I appeared pro se but I was held in contempt and sentenced but gave me time to appeal. I appealed pro se (and during the appeal, I made some mistakes in raising other errors committed by trial court,) therefore the appeal court said that the trial court is erred in sentencing past (violation of 3.840(g)) and ordered the trial court to conduct hearing on the sentencing part. Therefore the trial court will conduct hearing on that sentencing part.
 

quincy

Senior Member
No sir, it is about child custody and education related battle with my ex.
When is the re-hearing scheduled?

If this child custody and education "battle" is an important one to you, you really should have an attorney assisting you.
 

daniel78

Member
Thank you sir. It will be scheduled at a mutually convenient date to both parties, and according to available court dates.

The "battle" is over except for the above sentencing matter which is now back to trial court's court.
 

quincy

Senior Member
Thank you sir. It will be scheduled at a mutually convenient date to both parties, and according to available court dates.

The "battle" is over except for the above sentencing matter which is now back to trial court's court.
I am not real sure what has gone on with your initial show cause hearing but, at sentencing, you are permitted to present evidence that might mitigate (lessen) the sentence ordered by the court.
 

daniel78

Member
Thank you sir. At the initial show cause order: in fact, I was not given a show casue order, the indirect criminal contempt hearing was conducted without ever giving a show cause order to me. Can I raise this matter during the forth coming hearing (or is it too late as the lower court judgment became final already on this matter, except for sentencing)
 

quincy

Senior Member
Thank you sir. At the initial show cause order: in fact, I was not given a show casue order, the indirect criminal contempt hearing was conducted without ever giving a show cause order to me. Can I raise this matter during the forth coming hearing (or is it too late as the lower court judgment became final already on this matter, except for sentencing)
This new hearing is only for sentencing, correct? There is already a judgment of guilt? You were found in contempt of a court order?

If the hearing is not to rehear all facts, but is only to sentence you on facts already before the court, you can present evidence that could work to mitigate the sentence but you are not going to change the verdict.

The above is only if I am understanding what you are saying - and I am not at all sure I am. You would benefit from having an attorney local to you personally review all that has happened with your custody case that led to the contempt charge.
 

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