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Suspension of commitment to Jail: Contempt


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#1 AugMir

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Posted 05 February 2013 - 06:11 PM

In Texas, when the court finds you in contempt of a court order and assesses 30 days confinement in county jail but suspends commitment to jail for a period of two years under certain conditions that need to be met during those two years; What happens after the two year time period if the conditions are met?

There is nothing noted/documented on the order stating what happens so the assumption I've had was that commitment to jail was conditioned on whether during those two years I was able to comply with the terms/conditions laid out. I further assumed that after the two year time period, commitment to jail would drop and clear out.

Interpretation of written documents is tricky so after reading over it now, I can't help but wonder whether now that I've complied with the terms/conditions of the order during the two year time frame, I am to be committed to jail for the 30 day period.

#2 FindLaw_Amir

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Posted 06 February 2013 - 09:34 AM

Have you gone back to the court house there this court order was issued to get clarification?
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#3 AugMir

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Posted 06 February 2013 - 10:26 AM

No I haven't yet, but I did find the following information regarding suspension of a sentence:

"A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period, and fulfills the particular conditions of the probation, the judge usually throws out the sentence."

#4 pg1067

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Posted 07 February 2013 - 08:00 AM

In Texas, when the court finds you in contempt of a court order and assesses 30 days confinement in county jail but suspends commitment to jail for a period of two years under certain conditions that need to be met during those two years; What happens after the two year time period if the conditions are met?


I don't really understand the question. Can you clarify?


the assumption I've had was that commitment to jail was conditioned on whether during those two years I was able to comply with the terms/conditions laid out.


It would be the other way around. As long as you comply with the conditions, you don't go to jail.


I further assumed that after the two year time period, commitment to jail would drop and clear out.


I'm not sure what you mean by "drop and clear out." However, and without reading the applicable order, it is probably reasonable to believe that, after the two year period, failure to comply with the conditions will not result in jail (unless the failure to comply with the conditions is a violation of the order that started this all, in which case, a new contempt proceeding could be brought).


I can't help but wonder whether now that I've complied with the terms/conditions of the order during the two year time frame, I am to be committed to jail for the 30 day period.


No. That wouldn't make sense. You were faced with jail time. However, instead of getting the jail time, the court basically put you on probation for two years. It would be tantamount to an increased sentence to stick you in jail on top of the two year probation.




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