Being a defendant in a Colorado criminal case is a daunting matter for an individual. That said, there are a number of steps you can take which will help ease the process for you, and may even help resolve the matter in an acceptable fashion.
Here is a comprehensive list of those steps:
1) discuss in advance the court appearance with your attorney and make sure you understand what will happen at that event.
Your attorney should be experienced in criminal procedure and understand what is likely to transpire at the scheduled proceeding. The appearance might be a status conference where the judge quickly checks in with the parties about the progress of the case. It might be a lengthy motions hearing where evidence is provided by witnesses and the results of the proceeding might affect how the case overall progresses. Make sure you understand what will happen in court on a given date and what role, if any, you will have in what occurs.
2) dress for success.
Your personal dress code matters. There is still a great deal of formality to court. Judges expect attorneys to look professional when appearing before the bench. You should strive to look like a person to be taken seriously in court, too. No one expects you to wear a tuxedo, three piece suit or formal gown. However, wearing a jacket, tie, slacks and dress shoes for men is very reasonable. For women, a dress or suit jacket, dress shirt and dress pants is appropriate. At the very least, a long sleeved, collared dress shirt with slacks and dress shoes for men should be a minimum appearance. For women, business casual attire is appropriate. People who dress seriously are taken seriously.
3) bring essential paperwork, and make sure your paperwork is well organized and court-ready.
Essential paperwork you want to bring to court includes a copy of the order to appear, the charging document (whether the traffic summons, the complaint and information, etc.), your notes about the case, and any documents you believe are relevant and important to your case. If you intend to bring documentation to court, make sure it is in court-ready format. Have it organized in whatever format you think is appropriate (chronological, alphabetical, etc.), and make sure it is “clean” if it is to be used as exhibits. It should be free of handwriting notes, any pen marks, Post-It notes, etc. To be honest, your lawyer should already have any important documents in your file. However, a second set in hand at court time is always helpful.
4) know where your court is located and what courtroom is managing your case.
Most courthouses are well marked on maps or mapping programs. However, there may be different courthouses for different types of criminal matters. For example, traffic cases are commonly held in municipal and state courts, while felony cases are managed in district court. These may be two completely separate courthouses at two different addresses. Know where you are supposed to be. Courthouses in major cities often have many courtrooms. It is also important to know which courtroom and judge is assigned to your case. Plan on arriving 30 minutes early before the scheduled time for your case so you can locate the courthouse, your specific courtroom, navigate court security and be ready when your case is called.
5) don’t be a court security problem.
Make sure getting into the courthouse will not be an issue. Do not bring weapons into the courthouse (certainly no firearms, no pocketknives, and no telescoping batons), no drugs for personal consumption, and no alcohol. It is also a good practice to leave items like lighters, cigarettes, and vapes in your car. Make sure you have a state issued identification card on your person as well.
6) be on time.
Punctuality is important. This is recognition that you take the proceedings against you seriously. The court has a busy docket that operates on efficiency. Being on time shows you recognize the importance of the matter and respect the court’s schedule.
7) exercise proper etiquette in the courtroom.
This is important – silence your cellphone upon entering the courtroom! Better yet, turn the thing off. Some judges have become so irritated with the devices that they will hold people whose cellphones have rung during proceedings in contempt of court. When the judge enters the chambers, stand up and wait for the bench to direct everyone to sit down. Address the judge as “Your Honor.” Only talk in court when directed to speak by the judge – do not interrupt the bench, opposing counsel or any testifying witnesses.
8) let your lawyer do the talking, and use him or her as a mouthpiece.
It may be tempting to speak in court when either the judge or opposing counsel says something that you may find controversial or downright untrue. Don’t do it. Use your lawyer as your mouthpiece to the court. Grab his or her attention and let them know your thoughts or concerns. They will voice your information to the court if it is relevant and important.
9) answer the question – and only the question.
Although your lawyer should be doing the speaking in court for you, you may be asked a question by the judge. Answer the question explicitly and offer no more. This can be done by simply saying “Yes, your Honor” or “No, your Honor.” While it may be tempting to expand upon your answer and provide a long-winded discussion about information regarding a subject, this may not be the time to offer this material. Be brief, to the point and polite.
10) follow the court’s instructions when your case proceeding ends.
If your matter is a simple status conference, you will likely have no further action at the end and you will be excused. If the judge gives you instructions (such as to report to the probation office or pay some fine at the court clerk’s window), follow them. Do not delay any court directed action for another day. Your lawyer can help guide you on where to go after the proceeding. A judge’s directions after your court case ends for the day should be treated as his or her orders. Follow them to avoid future bad repercussions.
At Mile High Legal, we pride ourselves in providing our clients with top notch representation and assistance in navigating the criminal justice system. Contact our office to help you successfully resolve your case and get the assistance you need in this challenging time.
