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?
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?