After an arrest in Rhode Island, you will be expected to go to court to face the charges. Many people get nervous going to court, especially when it is for the first time. Other people feel vulnerable and worried when their legal situations are out of their control.
Luckily, the attorneys at Abilheira Law are here to take some of that pre court anxiety away! Our RI criminal defense lawyers have written this blog to answer some of the most commonly asked questions about court appearances in Rhode Island. If you have any remaining questions, don’t hesitate to contact us.
What to Wear to Court in Rhode Island
In society first impressions are very important. At first glance, people will judge you based on what you are wearing and how you present yourself. This is especially important in court. When you are arrested for a crime and have to go to court, you want the judge and prosecutor to acknowledge that you respect the court and take the case seriously. You do not want the allegation of a crime to define you. As a result, you should dress for success, if your wardrobe and financial means allow.
If you are a male defendant, it is best to wear a suit or dress pants with a collared shirt. If you are a female defendant, it is ideal to wear a pant or skirt suit, a dress, or a nice shirt with dress pants.
Most people assume they should dress nicely for court, and reasonably so, but there are some things that should never be worn to court:
- Shorts (male and female): in fact, the court security will not allow you into the courtroom with shorts on!
- Crop tops or tank tops
- Pajamas/ pajama pants
- Jeans with tears or rips
- Lounge /exercise clothing
- Open toed shoes or flip flops
- Inappropriate graphic tee shirts
Courtroom Procedure in Rhode Island
When the courtroom opens for the morning, you will enter the courtroom and have a seat in the designated seating area. Most judges will take the bench shortly after 9:00 (District Court) or 9:30 (Superior Court), unless you are assigned a specific hearing time. It is always important to be on time for court!
When the judge enters you will rise, per the direction of court staff. They will then let everyone sit. Most judges will then do a calendar call, where they read the list of everyone’s name who has a case scheduled in that particular courtroom. During the calendar call, you will be expected to say “here” when your name is called. You will also hear attorneys responding to the call. Attorneys may call a case “formal” which means that it is ready for the judge to address it. You may also hear attorneys say “ready” or “ready pre-trial” which means that the parties are all present, but there is work to be done- such as speaking with the prosecutor. You might also hear, “second call” which means that the defendant is not yet present and the attorney would like the judge to address the case again at another calendar call. Some judges will not allow a second call and will issue a bench warrant if the defendant is not present at the call. Again, it is important to be on time!
How to Address a Judge in Rhode Island
Each and every time you are addressed by the judge or speaking with the judge, you will be expected to stand as a sign of respect.
If you are represented by a lawyer, you will usually only be required to give your name, date of birth and sometimes your address at an arraignment and sometimes, at a pre-trial conference. Otherwise, what you will have to say should be limited, given that your attorney will do most of the talking for you.
In certain circumstances, such as during a plea, the judge might ask you questions. You will always address the judge as “your honor.” For example, if the judge asks you a question you should answer either: “yes, your honor” or “no, your honor.” Again, this is a sign of respect for the court. Do not use slang when addressing the judge such as “yup,” “yeah” or “nope.”
What to Plead
At an arraignment, you will be asked how you wish to plead. Our Rhode Island criminal defense attorneys usually advise all clients to plead “not guilty” at the arraignment, unless a disposition/sentence has already been arranged. Pleading not guilty is the only way to fight the charges against you, have an opportunity to review the evidence against you, and engage in negotiations with a prosecutor. You may ultimately decide to change your plea later, but it is important that this decision is well informed.
In Rhode Island, our courts generally accept “nolo contendere” rather than “guilty” pleas. Nolo contendere is Latin for “no contest.” It essentially means that you are accepting responsibility for the crime and admitting that there is a factual basis for the charge.
If you are entering a nolo contendere plea, it is important that you understand all the rights that you are giving up. Prior to entering a plea, you will be required to fill out a plea form in writing and also speak with your attorney and the judge about the rights contained within the form. This is to ensure that you are making a knowing and intelligent plea. Once the judge accepts your nolo plea, they will sentence you and the case will be over.
Important Take-Aways
Court can be stressful. Retaining an experienced Rhode Island criminal defense attorney can alleviate some of this stress. If you are considering hiring an attorney, contact the caring and compassionate attorneys at Abilheira Law today. Let our lawyers guide you through court in Rhode Island.
In the meantime, remember these final tips:
- Be on time for court
- Dress appropriately for all court appearances
- Address the Court with respect
- Prepare with your attorney prior to court!
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