In a Georgia criminal contempt hearing, you cannot be forced to testify against yourself, and the judge cannot treat your refusal to answer as proof that you violated the order.
Silence Is Not Proof of Criminal Contempt
In Miller v. Miller, 288 Ga. 274 (2010), a trial court held a husband in criminal contempt for seven disparaging remarks about the wife made in front of the children, which the court had forbidden. The only evidence the court pointed to was his repeated invocation of the privilege against self-incrimination at the contempt hearing, and for six of the remarks nothing else could support the finding. The Georgia Supreme Court reversed that part of the contempt order. Because criminal contempt is a crime, no inference of guilt could be drawn from his silence, and the findings were “overwhelmingly premised on constitutionally improper inferences.”
That is the opposite of the rule in an ordinary civil case, where a refusal to answer may be held against you, as our posts on taking the Fifth on adultery and in divorce discovery explain.
No Warning Is Required When You Have a Lawyer
In Carlson v. Carlson, 324 Ga. App. 214 (2013), a mother testified at her criminal contempt hearing and then argued on appeal that the judge should have advised her of her right not to incriminate herself. The Court of Appeals disagreed. She had a lawyer, whether to testify was a decision for the two of them, and the trial court “had no duty to advise her of her rights.” The court added that a violation of the privilege cannot be raised for the first time on appeal, and her five-hour jail sentence was affirmed.
So if a contempt motion could end in a fixed jail term or fine, decide with your lawyer before the hearing whether you will answer questions, and assert the privilege at the hearing itself.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!