Why a Defendant Should Always Stand When Addressing a Judge in a Criminal Case
So lets say that you have been arrested for a crime. You have never been in trouble before, and this is your first experience with the criminal legal system. Now you have seen courtroom drama television series, and your favorite movie is, "My counsin Vinny." But there is completely different and its real life. One of the questions you have is what you should do when a Judge directly addresses you and asks you a question? How should you act, how should you respond, should you stand or sit? This article was address the last question, whether you should sit or stand.
Should you sit down or stand when addressing a Judge in a criminal case. The answer is absolutely you should always stand when addressing the court. In my opinion there are three main reasons to do this. And it is not just for exercise.
The first reason to always stand when addressing a Judge in a criminal case is it's a sign of respect. The most often heard complaint from Judges about defendants is they dont show any respect for the process. Remember this is a criminal case. The Judge is the individual who will ultimately decide your fate should be you convicted or enter into a plea deal. By standing when addressing the Court you are showing a sign of respect to that Judge and the process. Trust me when I say it will carry a lot of weight.
The second reason to always stand in this situation is it allows the Court recording device to record you better. Remember everything that is said in open court is recorded. It is important to speak up and annunciate clearly. If you don't understand something, or if you don't acknowledge something that can be raised later on in the proceedings. And guess how that will be done. Through the courtroom recording device. So remember to stand and pronounce your words clearly for the recording device.
Lastly the reason to always stand when addressing a Judge is acknowledge the court. At sentencing one of the most important aspects is the right to allocution. Meaning you have the right to tell the Judge anything you want regarding sentencing. Often times these hearings can become very streamlined, and if you don't stand up right away and start talking the Judge is likely just to pass over your remarks and finish up the sentencing. If you stand, even if the Judge is looking down at the paperwork it will force the Judge to acknowledge and give you the right to allocution.
Matthew Leyba is a Seattle DUI Lawyer in Washington State. He represents those accused of DUI and other serious traffic offenses in his Seattle DUI Lawyer practice.
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