Criminal law: There must be a period of probation for the court to enforce a stay away order pursuant to a sentence for trespass charge must sentence– Indirect criminal contempt — Violation of stay away order — Because there is no statutory provision that authorizes imposition of freestanding stay away order as part of sentence on trespass charge, orders requiring defendant to stay away from supermarket were void, and court lacked subject matter jurisdiction to hold defendant in contempt for violating orders — No merit to arguments that orders fell within inherent authority of court or that orders were downward departure sentences — Trial court could have ordered defendant to stay away from supermarket as condition of probation if it had sentenced him to probationary term
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Criminal law: There must be a period of probation for the court to enforce a stay away order pursuant to a sentence for trespass charge must sentence– Indirect criminal contempt
Mar 27th, 2021 in News by admin