I am not paying child support and am going to jail for not paying. Also have pending criminal stuff separately . If I am in jail for the civil case will the criminal stuff run concurrent? Or are since they are completely separate the sentences are stacked?
The civil commitment should run on its own without regard to the criminal cases. The criminal cases will start concurrent with the civil commitment for contempt based on failing to pay child support. After that the criminal cases could be stacked on top of other criminal cases.
The criminal cases would need to be heard separately, unless the cases are sex offenses against children, and then the court would have to enter an order stacking the cases.
You should consult with an attorney immediately and your attorney can tell you if the Judge presiding over your criminal cases favors stacking or if they rarely stack.
Criminal Defense Attorney
There are two kinds of contempt. The first is "criminal contempt", which is a crime, and which is where the judge gives you jail time for being disobedient to the court. The second id "coercive" or "civil contemt" which is where the judge puts you in jail until you comply with his or her order.
If you are talking about criminal contempt, then the last judge to sentence the defendant decides if the sentences are to be served concurrent or stacked. If there are 3 or more cases, the judge for each case after the first decides the stacking question up to that point.
You need to discuss all this with your attorney.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
1 found this helpful