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How to Behave in Court

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Many, if not most, criminal defense lawyers will explain to their clients how to conduct themselves in court. Nevertheless, below we provide you with some basic protocols to follow when in the courtroom. While judges, prosecutors, court personnel, and jurors may not reward you for creating a favorable impression, they will likely rule against you or more harshly punish you if you fail to civilly conduct yourself.

When to Speak

Unless a judge specifically addresses you, he wants to speak only with your criminal defense attorney. Therefore, allow your lawyer to address the court on your behalf. Judges quickly become annoyed by defendants who interrupt their lawyers. If your lawyer has mistated the facts, neglected to include a material fact, or failed to raise an important legal defense, ask him if you can speak with him for a moment. Most judges will allow a lawyer and his client to briefly converse during the proceedings or take a recess to allow them to talk privately or to have a more indepth conversation.

Defendants who interrupt judges and prosecutors, either to challenge factual representations or argue points of law, risk unleashing the wrath of the court.

How to Address the Court

If the judge asks you a question, address the judge as “Your Honor.” If you are uncomfortable referring to someone as “Your Honor,” you can simply address him as “Judge.” Do your best to directly answer the questions asked and resist the temptation to offer excuses or to raise issues outside the scope of the questions. Speak in a calm and clear voice. If you need a moment to collect your thoughts or to regain your composure, take it. Criminal proceedings are always emotionally difficult.

Allow Your Criminal Defense Lawyer to Listen to Witnesses

To properly represent you, permit your attorney to listen to the witnesses called by the prosecution to testify against you. To effectively cross-examine a witness, a lawyer must focus on exactly what the witness is saying, as well as the witness’s mannerisms, body language, and tone of voice. These are vital clues to the witness’s candor and perceived credibility. Therefore, resist the temptation to talk to your criminal defense lawyer as witnesses are testifying. Should you attempt to speak with your lawyer during a witness’s testimony, you will only distract him. If you believe that you possess critical information that you have not previously disclosed to him, such as a fact that would discredit the witness, jot it down on a piece of paper and slide it over to your lawyer.

Never Let Them See You Sweat

No matter what you hear inside that courtroom, resist the temptation to roll your eyes, shake your head, exhale loudly or utter something sarastic or nasty in response. Never permit those who unfairly characterize you to successfully bait you into lowering yourself to their level.

Maintain Your Dignity

Above all else, maintain your dignity. While you may have run afoul of the law, you are a human being. Never allow the judge or the prosecutor to rob you of your sense of self or sense of self-worth. And never, ever surrender your sense of self-worth to them. If you can maintain your dignity in this cauldron of hell, you can survive any experience.

Contact an Experienced Cambridge Criminal Defense Lawyer

Call us at 617-492-0055 to arrange a free in-office consultation with one of our Massachusetts criminal attorneys.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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