No.
Automatic stays are a matter of statutes and procedure.
There is no legal authority which would create an automatic stay for the Dude.
Criminal contempt is a different animal. It is usually a violation of common law principles as opposed to a series of statutes which will define a crime (things that are illegal for dudes to do).
For example, Murder is defined by statute.
Statutes will then enumerate the different types of murder.
You won't find a similar series of statutes enumerating the degees of idiocy which generate contempt charges.
I think it's one of those----"Do we really have to tell you that you shouldn't do this?"----type things.
It's Common Law still trying to instill some sort of common sense.
Blatant disrespect for the Court and/or for Judicial proceedings will usually generate this kind of swift punishing action as was experienced by Dude-In-Cuffs.
If the Dude is already in the Court as a Dude-defendant, (not just a spectator) and engages in this sort of nutty/disrespectful behavior, the attorney who is there on behalf of the dude-gone-wild will quite often experience a version of the hurting head as referenced by Mag84.
uch:
Try putting a positive spin on what- dude-did.
I thought it would clear things up.
By the way, :bud:so as to head off potential other questions at the pass:
Yes, The defendant was given a Court-appointed atty.
Since the contempt is a jailable offense, the Florida Supreme Court has ruled that the offer of counsel should be made. That decision is from 2011, as I recall.
Justice is, as you saw, a much swifter process in a contempt proceeding. You lose alot of the notice requirements and other things which would normally :snail::snail::snail:slow the wheels.
Most of the contempts (not rising to the level of a new crime) that I have seen have been of the "Oh my God, I cannot believe somebody just did that"
type.
opcorn:
The conduct is not necessary, ill thought out, and is going to have a result
which is designed to send a clear message to others thinking about disrupting Court.
It is NEVER a good idea to test the question as to how much disrespect any Judge will tolerate. NEVER!
I personally have little patience for that sort of behavior.
Can you really not live the rest of your life unless you start swearing at the judge, throwing a chair around the room, etc.
As a defendant, what kind of message are you sending about your new-found abilities to think things through.
hdear:
OOPS, tangent.
I hope you noticed that Dude's motion was ordered denied by Judge Perry. :denied:
I can't recall seeing it done any other way.
I've always seen the decisions about the contempt go before the Judgewho instituted the proceedings.
Since it is a different animal, the personal involvement of the Judge in the chain of events leading to the incarceration (after all, it happened in his Courtroom) is not an issue.
Picture yourself as the attorney for the dude.
You are now before the actual extremely ANNOYED Judge who will send the aforementioned message to others who might be considering similar types of behavior. :crystalball:Oh gee, this is lookin good. :scream:
:scream: :anguish:
MH
sharing an opinion:wolf: