PA Superior Court Overturns PFA Contempt Conviction for Failure to Give Adequate Notice of Allegations in Complaint
Philadelphia Criminal Defense Lawyer Zak Goldstein
The Pennsylvania Superior Court has decided the case of Reitz v. Flower, holding that a defendant may not be convicted of indirect criminal contempt based on conduct that was not specifically charged in the criminal complaint. The holding here should have been obvious - a criminal defense has the right to know what they’re accused of doing so that they can prepare a defense. But courts often allow variances from the allegations in a complaint and uphold convictions anyway. Fortunately, the Superior Court here recognized that the defendant was improperly convicted entirely based on conduct for which he was not actually charged. Therefore, it reversed the conviction.
Reitz v. Flower
The defendant’s ex-wife obtained a protection from abuse (“PFA”) against the defendant. The PFA order prohibited the defendant from contacting his ex-wife directly or indirectly. Additionally, the PFA order prohibited the defendant from possessing any firearms. These restrictions were put in place due to the defendant’s past conduct towards his ex-wife, specifically because of allegations of prior physical abuse and harassment.
After this order was entered, the ex-wife filed a private criminal complaint against the defendant alleging that he violated the PFA order by possessing firearms. She did not make any other allegations against the defendant. Specifically, she alleged that he posted a photo of himself armed at a rally in Harrisburg on Facebook. Consequently, a contempt hearing was scheduled to address this charge.
After this hearing was scheduled, the defendant posted on Facebook that he would not wear a mask when he appeared at his next court date because he believed it was “a form of tyranny.” It should be noted this incident occurred during the global COVID-19 pandemic. Further, the defendant wrote that he was willing to turn the court proceeding into a circus and that the contempt proceeding was “[p]etty nonsense from a vindictive woman with no legal basis.”
During the hearing, the defendant’s Facebook post alleging that his ex-wife’s claim was “petty nonsense” was introduced. Defense counsel objected to it and argued that it was irrelevant and did not relate to her sole allegation of the contempt claim which was his illegal possession of a firearm. The trial court allowed it to be introduced into evidence. At the conclusion of the contempt hearing, the trial court found that the defendant violated the PFA on two occasions. First, he violated it by not turning in his firearms and the second by making contact with his ex-wife through his Facebook post. In regards to the latter, the trial court found that the reason it found him in contempt was because “he called her a vindictive woman and called her PFA contempt petty nonsense with no legal basis.”
At sentencing, the trial court modified its adjudication to reflect a single PFA violation of harassing his ex-wife in the Facebook post. It was determined that the defendant had only been photographed brandishing a replica rifle and not an operable weapon. The trial court then sentenced the defendant to six months’ probation that was to run consecutive to any other sentences that the defendant was currently serving. Further, the PFA was extended by an additional six months. The defendant then filed a timely appeal. On appeal, the defendant argued that the trial court violated his due process rights by finding him in violation of an uncharged offense.
The Pennsylvania Superior Court’s Decision
The Pennsylvania Superior Court reversed the defendant’s conviction. The Superior Court first cited the United States Constitution which guarantees the accused to the right to be informed of the nature and the cause of the accusations against him. The Superior Court also noted that the Pennsylvania Constitution has similar protections. Specifically, the court held that defendants must have must adequate notice to allow them to prepare any available defenses should he exercise his right to a trial. Further, in a criminal complaint, each charged offense must have a sufficient summary of the facts so the defendant is advised of the nature of the offenses charged against him.
In this case, the Superior Court found that the private criminal complaint only alleged a violation based on the defendant’s illegal possession of a firearm. There was no mention of any allegation that the defendant illegally contacted her. As such, the trial court committed reversible error in convicting the defendant because he did not have proper notice of the charges against him. Therefore, the Superior Court vacated the defendant’s conviction for contempt. However, it stressed that this decision did not bar future prosecution against him for any alleged future violations of the PFA order. This is an important case because it reigns the Commonwealth in in terms of prosecuting criminal defendants for conduct in variance with what they’re charged in the criminal complaint.
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