LEGAL PAGES -- The Page Law Office Blog
This blog is intended for informational and entertainment purposes and is not intended to create a basis for an attorney client relationship. Each case is unique, therefore you should seek advice specific to your situation, as the comments contained herein are not intended to constitute legal advice.
If you flip someone off in traffic, you might get angry stares or a nasty honk of the car horn, but if you do it in court, expect much more severe consequences.
A McHenry County [Illinois] man found that out the hard way.
Kane Kellett, 24, raised his middle finger while he was being sworn in to face home invasion charges at a rights hearing, the Daily Herald reported. He also hurled profanity at Judge G. Martin Zopp.
Zopp promptly gave Kellett six months in jail for contempt of court.
H/T CBS 2 Chicago
General rule, people: The clothing you wear to court should say nothing about you besides, “I am an upstanding citizen of North Carolina deserving of mercy and trust.” I recently saw a shirt in court with the name of what appeared to be a band. This band had chosen to name itself after the Latin phrase Tabula Rasa, meaning “blank slate”. In and of itself, not the worst attire I’ve seen in court by a long stretch, but in this case, it only served to underscore and give hidden meaning to the vacant expression of its owner, who looked startlingly like this guy: read more…
I am pleased to announce the addition of attorney Kris Hilscher to Page Law Office. Mr. Hilscher is a bright and talented graduate of Campbell University School of Law, and I am excited to have him on board.
There have been times in the past in which it was difficult for me as a solo attorney to be in all the places I was needed and to quickly respond to current and prospective clients. Having Kris on board greatly enhances my ability to ensure that all of my client’s needs are being met. Now we are able to tackle our day as a team, whether that requires handling cases in multiple counties or responding to client inquiries while the other is in trial.
A recent admittee to the North Carolina Bar, Mr. Hilscher is a former Editor-in-Chief of the Campell Law Observer. Moreover, during his third year in law school, he practiced with the 11th District Attorney’s Office in Johnston County and gained significant experience handling cases in criminal district court. I expect that clients of Page Law Office will appreciate his writing talent, courtroom skills and the personal service he provides.
It stands to reason that if you’re in court as a party to some action, civil or criminal, you want the judge on your side. Some times the judge is simply the referee, other times the judge will decide your entire case. It is therefore vitally important to the success of your case that you do things that will encourage the judge to like you, and that you do NOT do things to make the judge dislike you.
I would think that this is simply stating the obvious, but based on personal observation, this thought is apparently quite elusive to some people. As a public service, therefore, I bring you: the DO’s and DONT’s of appearing in court. read more…
Another in a long list of clothing I’ve seen it court that leaves me utterly gobsmacked. Again, this comes from my time as an intern in the Alamance County DA’s Office.
This guy comes in as a prosecuting witness in an assault case. The ADA is going to let me prosecute it, so she hands me the court file and sends me to go interview him. He describes how he got home from church and his step-daughter hit him over the head with a vase without any provocation or warning. We proceed to try the case and his testimony on direct examination is perfectly consistent with what he told me.
At this point, his wife gets up and testifies. For the defendant. This is the first sign that this is not going to go well. read more…
If any person shall, on any public road or highway and in the hearing of two or more persons, in a loud and boisterous manner, use indecent or profane language, he shall be guilty of a Class 3 misdemeanor. The following counties shall be exempt from the provisions of this section: Pitt and Swain. N.C.G.S. 14-197
So… if you’re planning on using profane or indecent language in a populated street, make sure you’re in Greenville or Bryson City. I’d love to know the back story on how these counties got exempted. I’m guessing that ECU football fans explains Greenville, but what’s up with Bryson City?
- He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself. ~ Thomas Paine
God grants liberty only to those who love it and are always ready to guard and defend it. ~ Daniel Webster
It is commonly accepted that an attorney who practices criminal defense must take a liberal view of civil liberties and of the law and the Constitution. I find myself, therefore, to be an unintentional oxymoron: a conservative defense attorney.
At the heart of conservatism is a distrust of government. That is, because government tends toward waste, fraud, and abuse, the smaller the government is, the better. The more it can be limited to its most essential functions, the more free our society will be. Our federal Constitution attempts to limit the power of government to only those powers specifically enumerated therein. The first ten amendments to the Constitution go further to list non-exclusive examples of those activities forbidden to government. Many of these concern the criminal law.
The government is restrained from unreasonable search and seizure of our person and property. It is further restrained from inflicting cruel and unusual punishment. The government cannot force us to incriminate ourselves or try us twice for the same offense. We are also guaranteed the right to counsel, confrontation of witnesses, speedy trial and trial by jury. A conservative may disagree with a liberal in matters of degree (e.g. What is cruel or unusual? What is an unreasonable search?), but the underlying principle of restraining the government against intrusion upon individual liberty is common ground we easily share.
As the proliferation of criminal laws continues, I think many conservatives will look around to find some strange bedfellows opposing new and onerous criminal laws. Somehow, we have arrived at a point as a society that moral equivalence has rendered moot previously existing religious and social mores that restrained our behavior, and instead of seeking to reinstill those values, we have resorted to the criminal law to control all undesirable behavior.
Is it really necessary for larceny of pine straw to be a felony? Soliciting during school hours is a separate criminal offense? Making a false ambulance request? Leaving an open well? Throwing objects at sporting events? There are a slew of behaviors that are wrong, and should potentially open up liability in a civil action, but make no sense as a crime.
I still believe in non-intrusive searches, harsh penalties for serious crimes, harsher penalties for repeat offenders, and even the death penalty. But I also believe in “beyond a reasonable doubt”, “better ten guilty men set free than one innocent man imprisoned”, and equal justice under the law. Maybe that’s because I think the ultimate judge of our behavior is not an officer, a judge or a jury, and that, while there are guilty men who go free for a while, no one escapes His judgment.
Dealing with the Police
This is a subject that seems like common sense to me, but I’ve had a number of former clients or defendants to whom it was not so obvious, so (with apologies to Chris Rock) let’s talk about some do’s and don’ts for dealing with the police. (I’ll talk in a future column about how to interact with the police as a victim or witness).
- BE POLITE “Yes, sir. No, sir. Yes, maam. No, maam.” There is a time and place to assert and defend your rights. (In fact, the 6th amendment guarantees you the right to hire an attorney to do just that.) Get the chip off your shoulder, swallow your pride, and be polite. You can call me later and complain.
- MAKE THE OFFICER FEEL SAFE No quick movements. No loud, aggressive or belligerent behavior. In a traffic stop, keep your hands on the steering wheel and in sight (don’t start digging around in your glovebox or console). Do not get out. Turn off the engine. Turn off the radio. Turn on the interior lights. read more…
Ask almost any attorney about dealing with clients, and you’ll likely hear some version of “Can’t live with ‘em. Can’t live without ‘em.” Clients can be unresponsive, unreasonable, unrealistic, unreliable, immature, and downright ornery.
So, from me to you, a few tips to my future clients, to help me better represent you: read more…
I expect this could become a recurring theme in this blog: friendly advice about what not to wear to court. My all time favorite example in this category comes from my days as an intern in the Alamance County DA’s Office.
It was an ordinary day in District Court, except we had a kindly old retired judge sitting on the bench as a Special Judge (read: substitute). At any rate, about mid-morning the Asst. D.A. calls up a lady who pleads guilty to a Drunk and Disorderly charge. When I see the eyes of the ADA and the Clerk widen, I look around at the Defendant to see what she has done to draw their gaze. That’s when I notice her T-shirt. That she wore to court. On a Drunk and Disruptive charge: read more…
