Proper Courtroom Attire - Utah Criminal Defense
Posted by Stephen Howard - May 21, 2016
What NOT to Wear to Court
A common question I am asked by defendants facing criminal
prosecution in Utah involves what kind of clothing to wear to court. It
is an
important question. But perhaps the more important question to consider is
what you should NOT wear to court.
Over the years, I have seen people appear in court wearing everything
from expensive business suits to jail jumpsuits. While there are times
that "dressing to impress" can be important, a more fundamental
principle for selecting proper clothing for your court appearance is
avoiding clothing that will draw negative
attention. Two memorable examples of clothing that drew
negative attention in the courtroom are t-shirts with references to
drugs or god.
Drug Policy Advocacy in the Courtroom
The most common theme for drug-related t-shirts I have seen in the
courtroom is
marijuana - pictures of marijuana leaves or slogans
advocating the
legalization of
marijuana. The First Amendment guarantees freedom of speech, and courts
have interpreted this freedom as extending to slogans written on
t-shirts - especially when such slogans could be viewed as political
speech.
Wearing a t-shirt with a marijuana leaf
picture or with a slogan advocating the health or social benefits of marijuana is legal. It is constitutionally protected
speech. But wearing such a shirt to court for a criminal case is
generally not a good idea - especially if the criminal case involves
drug charges.
God as Judge
Another t-shirt recently caught my attention at the courthouse. It
contained the
following phrase printed large and in all-caps, covering the entire
front of the shirt - "ONLY GOD CAN JUDGE
ME." From a Constitutional perspective, this t-shirt lands squarely
under two separate First Amendment protections - the right of freedom
of speech and the right of free exercise of religion.
Depending on your religious/spiritual perspective, this t-shirt slogan
may or may not be
viewed as an accurate statement of eternal truth. Either way, it is
protected under the First Amendment. But the more important issue, from
my perspective as a
criminal defense lawyer, is whether it is a good idea to openly
challenge the earthly authority of the person who may decide whether
you go
to
jail or prison. I would have to advise my client against wearing such a shirt to court.
What You CAN Do v. What You SHOULD Do
Prosecutors have wide latitude in deciding how aggressively they pursue
a case and how generous they will be in negotiating
plea bargains.
Judges are bound to follow the law, but there are many laws that give
judges discretion in how the laws may be applied. A prime example of
such laws involve
sentencing decisions.
In most criminal cases, a judge can choose whether to impose either
prison or jail time. The judge also has discretion in most criminal
cases to suspend a prison or jail sentence, and to instead place the
defendant on
probation. A defendant facing a judge at a sentencing
hearing would be well-advised to take every reasonable step to create
the best impression possible.
There is a wide range of
clothing that can be worn to court. It is not always necessary to wear
formal business attire. But as a defendant, you often face an
uphill
fight in the criminal court system. It is generally best to not wear
anything that will make that fight harder.
Finding a Criminal Defense Lawyer in Utah

If you are facing criminal prosecution in Utah, having an
experienced
criminal defense lawyer on your side is vital to ensuring that your
rights are protected. With a
track record that includes dismissals or
not-guilty verdicts on cases as serious as
aggravated robbery,
attempted murder,
burglary, drug charges,
DUI, and many more, Stephen
Howard has the experience necessary to help you achieve the results you
need. Contact us today to see what the right
attorney can do for you.