Courthouses are my home, but can seem like strange lands sometimes seemingly threatening quicksand risks to my clients and our witnesses. Therefore, here I pull together some of the basics that I tell my clients orally and in writing, including about putting the possibilities and risks of their cases into perspective, increasing resilience and courage, and reducing unnecessary fears. Helpful is to attend to your physical, mental and spiritual fitness throughout the time you await court; and choosing good nutrition and minimizing intake of empty calories and fried food.

IN THE BEGINNING- PREPARATION

Before my client and I step into the courthouse for the first time, we will have prepared for the court date.

Stagefright is common. Here and here are ways to overcome stagefright. Remember, I am with my clients every step of the way.

BEFORE THE CASE GOES TO A HEARING OR TRIAL

– You will feel more comfortable in the courthouse and courtroom by visiting the courthouse before your court date. You will get a sense of the delays in the security line, and any discomfort and limitations by going through security, including indignities of being told in some courthouses to remove your belt and shoes before going through the metal detector. This is a price of entering the hallways where justice can be achieved.

– The courthouse is a battleground. Rather than feeling ill at ease by the proverbial flying bullets, know that this is an essential arena for achieving justice.

– The courtroom looks different from the witness stand than in the audience. Get that perspective by at least standing with me near the front of the courtroom and looking towards the courtroom entrance, even if not permitted to sit in the actual witness stand before being called as a witness on the court date, if you decide to give up your right not to testify.

– New ideas and developments can constantly arise. It is ideal for me and my client to talk before the court date about as much of the case as possible, so that any new discussions on the court date build on the foundations we already have laid before the court date.

– Make sure you know how to get to the courthouse and be ready for traffic. Arrive plenty early. If you arrive too early, you can fill in the time getting refreshments, taking a nearby walk, or otherwise relaxing. If you face a delay, please tell me your estimated arrival time once you recognize a possible delay.

– Dress respectfully and comfortably. My clients should wear comfortable shoes as we move between the hallway, conference room and courtroom.

– For court in Fairfax, my clients and witnesses are invited to park at our lot conveniently located across from the courthouse’s rear entrance. Please obtain a dashboard parking pass from us to avoid being towed. You may park in our thirty-minute spaces while obtaining and returning your pass.

– For other courthouses, find out from me the traffic and parking patterns.

– My clients should not talk with the police, prosecutor nor opposing witnesses other than to say hello if addressed or approached. For any discussion beyond that, my client should direct that person to me

– Court dates sometimes are exercises in hurrying up and waiting. Bring your cellphone (when allowed by courthouse rules) and reading material to pass the time.

AT THE HEARING OR TRIAL

– When our case is called, I will walk with my client to the front of the courtroom, and will show you where to stand or sit.

– Virginia misdemeanor case proceedings are not automatically recorded, with our recording options being your paying, in advance, a court reporter’s fee with our coordination or having me use my tape recorder.

– Be aware that microphones at counsel table may amplify what is said. Watch for the husher buttons on the microphones and to turn away the mikes as needed, but those microphones may still pickup conversation at counsel table.

– My criminal defense clients are not required to say anything during motions hearings  nor trials.

– My clients are critical for teamwork pretrial and during court proceedings. If you have any important ideas or concerns, I want to know them.

– During hearings and trials, I am fully focusing on the proceedings. I will give my clients a pen and paper to write me their thoughts, questions, and concerns. Please write neatly and with one thought per piece of paper. If I do not look at your note right away, please make sure I do so before that stage of the trial is completed.

–  If you need to tell me something orally rather than in writing during trial, please be mindful that this can take me away from focusing on what is being said by the witness, prosecutor or judge. You have no obligation to tell me anything during trial; you will know whether to do so. Also, I will check with you when I seek your input

WHEN MY CLIENTS NEED AN INTERPRETER

– The interpreter will interpret right next to you, or with a wireless earpiece in your ear.

– Federal courts will have highly-accomplished interpreters (at least for Spanish) who usually will interpret as tag teams for trials so as to keep their vocal cords fresh. The quality of interpreters in Virginia state court can vary, with Spanish interpreters usually being among the better ones in Northern Virginia courts. Beware when judges only have a remote interpreter language line available for your case. Even the best interpreter interprets best when seeing the speakers live, and when the interpreter can be seen live while talking.

– The interpreter is not entitled to listen to nor interpret my conversations with you in Spanish or French unless I ask the interpreter otherwise; our discussions deserve confidentiality no matter the language.

– Particularly if you speak a language other than English, Spanish or French, we can invest in a private interpreter to interpret our courthouse and pre-court communications.

IF TESTIFYING THROUGH AN INTERPRETER

– Please let me know if the interpreter does not seem to be interpreting with sufficient accuracy or does not seem to be interpreting all that is being said. I will do the same when I catch it.

– Listen fully to the interpretation. Answer in the language that the interpreter is using.

WHEN YOU TESTIFY

NOTE TO NON-CLIENTS WHO TESTIFY IN MY CASES: When the prosecutor or anyone else wants to talk with you, I have no input on the matter, in conformity with the lawyers professional conduct rules.

– Non-party lay witnesses ordinarily will be required to stay in the hallway until called as a witness. When that happens, do not discuss what is happening inside the courtroom. If during the hearing or trial you hear people talking about the trial or hearing proceedings while waiting to testify, volunteer that as soon as possible after being sworn to testify.

– You will be sworn in to testify. In some jurisdictions, despite the First Amendment’s freedom of religion clause, some jurisdictions will end the oath with “so help you God.” Please let me know in advance if you want me to ask the court to omit that phrase or to have you affirm to tell the truth rather than swearing to do so.

– Now you are under oath to tell the truth. Consequently, your only duty is to tell and uphold the truth, no matter how beneficial or not the truth may seem to the case, and not to advocate, spar, nor pontificate.

–  To tell the truth, you must listen to and understand the question as best you can, and must answer the question and only the question. You must not look for the questioner’s motive nor anticipate the next question nor what the questioner will do with the question. If you ask a question, your question should only be calculated to assure you understand the question so that you may answer it. Do not look to me from the witness stand for help answering the prosecutor’s questions.

–  Be ready for unexpected questions both from me and the prosecutor. With me, sometimes I come up with new questions based on the evidence and testimony presented first by the prosecutor, or based on your prior answers. As to prosecutor questions, I will not know every possible question of the prosecutor in advance. Simply stick to your oath to tell the truth.

– Do not throw in gratuitous or intended helpful comments to assure I do my job or that you save face. The more you have faith in my ability to accomplish what I need with direct and re-direct questioning, the better. If I seem to make a mistake, it may not be a mistake after all.

– Be ready for impromptu questions from the judge and objections from the opponent. Stop speaking until the judge rules on an objection. Overruled means to answer. The mnemonic is that overruled and open start with the letter “Oh”, so walk right through that letter “Oh” when the judge says overruled. Sustained means to stop, which mnemonically starts with the letter S. Once the judge sustains an objection, do not try to do an end-run around the objection.

– When I say I have no further questions, take a relaxing breath in the interim before the prosecutor starts cross-examining you, usually without an intervening break time, unless you have already been on the witness stand a long time and successfully request a break. Do not expect that the judge will permit you and me to discuss your testimony during a break.

– Be as kind to the prosecutor as to me while you testify. If the prosecutor badgers you, leave it to me to determine what remedy to seek through objections or other requests for relief. If I do not object or seek other types of relief, it is because I have determined that the defense case is better served by risking the damage from not objecting at that point.

– If the prosecutor is unpleasant with you, respond with kindness.

– Testifying may not feel normal. Usually in conversation with friends, we interrupt each other, go off on tangents, and ask and respond to questions. On the witness stand, you are asked questions and you answer.

– Rather than thinking you are finished for good once you get off the witness stand, be ready to be subject to recall as a witness, and to testify at any subsequent proceedings, including any retrials.

CONCLUSION

By the time you have left the courthouse, you will have unlocked many of the perceived and misperceived mysteries of the courthouse and the criminal justice system. The court system belongs to all of us and is here to serve us all. It is not some sort of secret society with secret handshakes and incantations.