Another legal question

[Alpo]

You're a witness in a court case. You are asked a question and you refuse to answer it. The judge directs you to answer the question and you still refuse.

 

The judge finds you in contempt, and says that you will sit in the hoosegow until you answer the question.

 

Two days later the trial is finished.

 

You have still not answered the question.

 

Do they keep you in jail? It seems like a kind of open-ended sentence the judge gave you - "until you answer the question". Or do they decide that since the trial is finished it does not matter anymore and they kick you loose?

[Chili Ron]

Howdy,

Im no lawyer but it just might be up to the judge.

Best

CR

 

[Sarge]

It would depend.  Why did you refuse to answer the question?  Did you cite the Fifth Amendment if the answer would have been self-incriminating?  If so, you probably aren't going to be held in contempt of court and the case is going to go on.  The question was probably asked intentionally knowing you would cite the Fifth Amendment.  Not an infrequent defense strategy.

 

If the answer to the question was so important to the case that it would have a bearing on the outcome, then the Judge would most likely suspend the trial while you are deciding your fate.  How long you are held would be up to the Judge.  Chelsea Manning was released recently after the Grand Jury ended.

[Cat Brules]

If you don’t make noise about it, you’ll be there until the jail personnel intervene and remind the judge that he remanded you there “temporarily,” and “what do you want to do with him”?  
 

So, at that point, the judge may issue a specific sentence, or release the person with a “sentence” of “time served”.

 

Cat Brules

[J. Mark Flint #31954 LIFE]

I have a fraternity brother that was a lawyer in Mississippi until he got caught "redirecting client funds" and he refused to answer a judge and spent nearly 2 years in state custody on the contempt charge, mostly in solitary confinement.  6 years of Federal prison and now on parole in Alabama and aware that entering Mississippi's jurisdiction means a return to the hole until that Judge is off the bench.

 

Civil contempt is open ended.  Criminal Contempt  will generally have a specific sentence

 

[Red Gauntlet , SASS 60619]

1 hour ago, J. Mark Flint #31954 LIFE said:

 

Civil contempt is open ended.  Criminal Contempt  will generally have a specific sentence

 

 I concur. As for refusal to testify before a Grand Jury, as in the Manning instance, usually the release comes when the GJ is concluded.

[Turkey Flats Jack]

just my thought. Once the trial is over they'd have to either let you go or charge you with obstruction of justice and give you the fines/penalty for said charge.