Thursday, March 19, 2015

BAD IDEAS: Tellin' It to the Judge


Welcome to my "BAD IDEAS" series!  


In my professional, legal opinion, it is a BAD IDEA......TO TALK TO A JUDGE during your case.



To some, this may seem like common sense. To others, you may ask, what's the big deal?  


Here's the big deal: 


1.  If you are charged with a crime (or even in a civil case), anything YOU SAY or WRITE will be treated as an "admission" by the Court and Prosecutor.  

Angry Judge

Therefore, if you come to your initial appearance in court (arraignment) and start trying to explain to the Judge about your case.... (whether the prosecutor is there or not)...you have now made the Judge A POTENTIAL WITNESS TO YOUR ADMISSION.  

So, who cares if the judge is a witness???   Answer:  the JUDGE does. 


She/he doesn't want to be a witness in a criminal case--they want to be a Judge. 


They do not want to be subpoenaed by the District Attorney's Office to testify to what you admitted to or said during some court appearance.  This makes them mad because they will have to recuse themselves from the case.  But it would not surprise me if the next Judge also learns about what was said... it's all bad.


2.  Even if you do NOT reveal anything about your case, you may say something that MAKES THE JUDGE MAD.  Or less sympathetic.  Or rubs them the wrong way.  Or is annoying.  


I think that is pretty clear.  It's not safe to chat with Judges.  Too much is at stake.


Be polite and brief and only with the blessing of your attorney.  


3.  If you reveal something to a Judge, they could (on their own or through other channels) make matters much worse for you.   


Hypothetically, they could influence added charges, increase fines, increases jail sentences, shorten payment deadlines, etc etc etc.


Judges are incredibly powerful people. Don't anger the judge.  


--BOTTOM LINE--

Let your lawyer talk to the Judge.  It's their job.  Don't risk any of the above things happening to you.


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi