Defending People

the tao of criminal defense trial lawyering

Get Out of Jail Free

Fellow defenders,

Jon Katz over at Underdog Blog writes about a Georgia juvenile PD being jailed for contempt for arguing “contumaciously” with the judge.

Did you know that when a Texas judge holds you in contempt for something you did in the course of defending someone, you have an absolute right to release on your own recognizance and a hearing before a different judge? Texas Government Code Section 21.002(d) requires it.

Here is a throwdown motion I’ve written to carry around in my briefcase for whenever one of my colleagues is held in contempt. You’re welcome to it, of course.


About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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