Disposition of other contempts; citation; arrest; hearing; and
Alabama Rules of Criminal Procedure
Rule: 33.3
Jurisdiction: AL
Bluebook Citation: Ala. R. Crim. P. 33.3
sentence. (a) OTHER CONTEMPTS. Except as provided in Rule 33.2(a), no person shall be found in contempt without a hearing held after a citation of the charge is given. (b) CITATION. The citation shall: (1) Be in writing and state that the person to whom it is directed is cited for contempt of court; (2) Order that the person cited appear before the court to show cause why he or she should not be found in contempt of court as charged or should not be punished or incarcerated as provided by law; (3) State the essential facts constituting the contempt cited; and (4) Specify the time and place of the hearing. (c) ARREST. A person cited to appear to show cause as provided in Rule 33.3(b) shall not be arrested unless the citation is accompanied by an arrest warrant issued in the same manner as provided in Rules 3.1(a) and 3.2(a). (d) HEARING. The hearing shall be set so as to allow a reasonable time for the preparation of the defense. The contemnor shall be afforded the opportunity to present exculpatory evidence and evidence of mitigating and extenuating circumstances, shall be entitled to subpoena witnesses on his or her behalf, and shall be entitled to be represented by counsel as provided in Rule 6. (E) SENTENCE. Sentence shall be pronounced in open court, in the presence of the contemnor, and not later than the latter of seven (7) days after completion of all proceedings under this rule, or the completion of the proceedings during which the contemptuous conduct occurred. (f) RELEASE. The defendant is entitled to release as provided in Rule 7. Committee Comments As Amended Effective July 1, 1994.
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