Sassing Off in Court

When you’re in front of a judge in a courtroom, you may have 101 things running through your head that you’d just love to say.  But regardless of the situation, it’s advisable not to spout off. That’s in spite of what you may hear about Donald Trump’s sass in court.

Mr. Trump’s Behavior 

In the civil case involving defendant Mr. Trump and plaintiff E. Jean Carroll, U. S. District Judge Kaplan was so exasperated with the comments Trump was making during Carroll’s testimony that the judge actually threatened to remove Trump from the proceedings. The exchange between Kaplan and Trump became a bit intense as the judge warned that while the defendant had the right to be present for his trial, he forfeits that fight if he becomes too disruptive.  Trump’s jaunty response was that he would love to be removed (perhaps because he thought it would give him a basis to appeal).  When the judge remarked that Trump was having trouble controlling himself in the courtroom, Trump responded with impudence, throwing his hands above his head and stating, “Neither can you.” The day ended with Mr. Trump still in court, and still misbehaving.

What Justifies Expulsion from a Courtroom? 

One criminal defense attorney outlined what generally constitutes grounds to remove someone from the courtroom, noting that judges often warn unruly individuals more than once before actually going through with it.  Behaviors that could result in removal include verbal abuse (including snide remarks, and interruptions), threats, and physical violence.  Each judge has to weigh a defendant’s right to be present against the impact of the defendant’s behavior on others present at the trial. Exclusion that occurs after warnings, however, appellate courts are more likely to affirm the decision for removal.  In lieu of actually removing someone, they could find someone in contempt and issue fines and other punishments, such as jail time.

Leeway for Trump

While Donald Trump seems to be getting a lot more leeway than many other defendants might due to the fact that he is a former U.S. president and is likely to be the republican nominee for president in the upcoming election, ultimately he may find himself facing the same kinds of repercussions as anyone else if his sassiness continues through this and other trials.

What About You? 

If watching Trump seemingly get away with mouthing off to a district judge makes you think it’s something you might want to try, think again.  Judges are powerful individuals who don’t have to put up with such nonsense, and chances are it would only buy you a contempt charge and some time behind bars, on top of the consequences associated with your original charges.

Advocating for You 

The experienced, aggressive Las Vegas criminal defense attorneys at Lobo Law model the respect and decorum necessary in court, while fighting vigorously for the best outcomes for you.  To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

nbcnews.com/politics/donald-trump/e-jean-carroll-testify-damages-trial-donald-trump-expected-attendance-rcna134221