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The Life and Death of Darryl Hunt

It is with mixed feelings that I sit down to write about my thoughts on the life and death of Darryl Hunt. While I am sad to hear of his death I also feel fortunate to have been involved in his life in some small way.

People from Winston-Salem know that Darryl was twice convicted for the brutal murder of Deborah Sykes and spent 19 years in prison before DNA evidence proved he was not the killer and he was exonerated of the crime an given a full pardon by the governor. What many people do not know is that he was an incredibly strong person who accepted the hand he was dealt in life with grace and humility. He definitely handled the darkest of times better than most of us would.

I came to study law at Wake Forest University School of Law in the fall of 1985. While looking for an apartment in the summer of 1985, I noticed on t.v. that there was a very racially charge trial occurring. Since I was only in town for a few days I did not give it much thought. It was Darryl’s first trial. In 1987, as a third year law student, I participated in the clinic program and was paired with Mark Rabil as my supervising attorney. Mark was appointed to represent Darryl for the murder of Deborah Sykes and had already lived through Darryl’s first trial and was working on his appeal. Mark would go on to represent Darryl for over 20 years. Many of those years he worked without being paid for his services. In fact, years later when I became one of Mark’s law partners I remember discussions in the firm about the amount of time Mark was spending on Darryl’s case without getting paid. Whenever the topic was raised Mark always responded with the same statement. He would say, “if you want me in the firm you have to take me with the Darryl Hunt case. I won’t quit representing him until he is free”. The rest of us admired his dedication and unwavering belief so much that we kept Mark and he kept the Darryl Hunt case.

Soon after I began working with Mark he took me to a prison to meet one of his clients. It was Darryl. Given the crime for which he had been convicted I expected to meet a hardened criminal, a man with no soul, a monster. Nothing could have been farther from the truth. He was quiet, polite, reserved, respectful and friendly. He was nothing like the monster I expected to meet.

Over the years, through my association with Mark, I had a several more occasions to meet with Darryl. Some meetings were when Darryl was still in prison and some were after he was released. And each time his demeanor was the same. Quit, polite, reserved, respectful and friendly. Never angry. Never bitter. And always, he maintained his innocence. Even after he was convicted a second time, he continued to say he was innocent. In fact, for many years it seemed Mark, Darryl and a few other members of the defense team were the only people who still believed Darryl was innocent. At times I thought of Mark as Don Quixote battling the windmills of the criminal justice system.

I could never understand how Darryl survived in prison knowing he was there for a crime he did not commit. What I eventually learned is that he was able to survive precisely because he was there for a crime he knew he did not commit. In one of our many conversations about Darryl and his case, Mark explained that to me. Mark told me that even though it would have benefited Darryl to say that he did it, (at one time he was offered time served in exchange for a guilty plea) he could never admit to something that he did not do. I’m not sure many of us could have maintained that position in the face of so many years in prison.

As an attorney I have never had a “Darryl Hunt” case. However, from my involvement with Mark Rabil and Darryl Hunt I have learned a few lessons. Mark has taught me that if you really believe your client is innocent, never stop working to prove it. Even when no one else believes you and everyone else is convinced that you are wrong, continue to fight. Never surrender! Darryl taught me that if you know in your heart that you have not done what others say you have, you can bear any burden. His steadfast belief that the truth would come out and that he would be vindicated gives hope to all of the other innocent people in our prison system.

So while I am sad to hear of Darryl’s death I feel fortunate to have been involved in a small way in his life and to have been able to witness the legal battle and the close friendship between Mark and Darryl.

RIP Darryl Hunt.

P.S. There is a documentary film about Darryl’s case called “The Trials of Darryl Hunt.” I urge anyone interested in learning more to find a copy and watch it.

Don't forget to check us out each month in Mia Magazine! Our favorite lawyer, Bob Probst, writes some amazing articles about life and the law for the magazine!

#MiaMagazine #JPLaw #LawAdvice

Good Recordkeeping Matters

Bookies aren't the only people who should be keeping their records especially detailed...

Our firm does a substantial amount of family law involving child support, post-separation support, alimony, and equitable distribution. It depends on which type of case we’re handling, but most of the time the important records we require from our clients are proof of their income and expenses.

Most of our clients are employed by companies; therefore, all of their income is reported via a W-2 form and reflected on their tax returns. When using these figures to ascertain child support, the attorney will take both parties’ incomes and other information to use with the NC Child Support Guidelines to configure the child support obligation of each party. As set forth in the guidelines, there are a few circumstances that can cause a variance in ascertaining the child support. These consist of the monthly expenses of any child care incurred, the amount of insurance premiums for the child or children, how many nights the child or children spend with each parent, child support obligations to children in other actions, and, on some occasions, extraordinary expenses such as orthodontia or tuition bills. It is important to make your attorney aware of this information as it is shared between counsels for both parties to calculate child support.

However, deciding child support, post-separation support or alimony becomes much more complicated when either of the parties is self-employed or a commissioned employee. Clients incorrectly assume that because they filed their returns with the IRS or the NC Department of Revenue, that these income and expense figures should be taken as accurate and cannot be disputed by the other side. What the client does not realize is that the other party has the right to contest those expenses, especially when they seem high in comparison to the income earned. It is then that our client’s recordkeeping practices are reviewed in detailed scrutiny to ascertain if all the expenses are legitimate or are “padded” in order to reduce the client’s income. In the case of a hearing and our client testifying, their recordkeeping, or lack thereof, will have a direct effect on their credibility in court.

The importance of keeping accurate records of all types of income, as well as living and business expenses cannot be more stressed. On occasion, we have clients that are self-employed and do not keep detailed records nor do they have an accountant that can provide us with the information we need to ascertain their gross and net income. When this happens the first thing we usually recommend is that they employ a CPA to help them organize their records to date and determine year to date income and allowable expenses. Coming to an accurate accounting of the client’s income and expenses is paramount as any expenses that cannot be substantiated risk being imputed as additional income to the client. It makes it much more difficult for the other side to challenge the client’s figures when an accountant can testify to and present the paperwork supporting tax returns.

Good recordkeeping matters. A client that keeps accurate records of income and expenses can possibly save thousands of dollars in child support, post-separation support, alimony, and legal fees.

Learning From Celebrity Mistakes: A Look At Estate Planning & Wills

Oscar-winning actor Philip Seymour Hoffman’s will has been filed for probate and provides a cautionary tale when it comes to estate planning mistakes. (For more information on Hoffman’s will: http://www.forbes.com/sites/deborahljacobs/2014/02/20/philip-seymour-hoffmans-will-raises-legal-problems/)

Here are three things he could have done to correct them:

1. Create a Revocable Living Trust. Hoffman was a public figure who valued his privacy. Yet by creating a will instead of a revocable living trust, he let the world in on his private life. We all know that his son inherits everything at age 30. We also know the total size of his estate after it’s inventoried and filed with the Court (as it must be). A will is public record, so every detail is available to anyone interested enough to look it up. A revocable living trust would have allowed him to keep his private wishes private.

2. Update your plan. Hoffman created his will in 2004 and never updated it, so his two youngest daughters are not mentioned or provided for in the will. His estate has been valued at 35 million dollars, and his executor is his long-time companion and the mother of their three children. After born children are provided for by law, but Hoffman lost out on the opportunity to specifically direct their interests.

3. Cover your assets. While Hoffman did create a trust for his son Cooper, naming Cooper’s mother as sole trustee, that trust will dissolve once Cooper turns 30. And all assets distribute to Cooper outright at that time. Instead, Hoffman could have created a Lifetime Asset Protection Trust that would have kept Cooper’s inheritance safe forever from divorce, creditors, lawsuits, and bankruptcy PLUS provided incentive for Cooper to grow the assets of the trust rather than squander them.

While most of us do not have the wealth that Mr. Hoffman enjoyed during his lifetime, we can all protect what we do have and ensure it passes to our loved ones in a way that protects them. Using estate planning devices like a revocable living trust allows our assets to pass outside probate so our families will not have to endure a court proceeding or the probate process. This can be a lifeline for grieving families in trying times.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. We can help you identify the best strategies for you and your family to ensure your legacy of love and financial security.

This Is Not Love: Understanding Domestic Violence

October is celebrated as National Domestic Violence Month. It is the one time of year when the focus is on educating the public about domestic violence and bringing together those individuals and organizations that are working to end domestic violence in this country.

One thing I’ve noticed in my legal practice is that many people who suffer from domestic violence either don’t recognize that they are in an abusive relationship or don’t believe there is anything that can be done about it. The key to ending domestic violence is education and awareness. We need to educate people to recognize domestic violence when they suffer from it and also to identify it in the relationships of their friends and family. Once people recognize it we need to make them aware of the resources available to free themselves from the abuser.

One thing to understand is that domestic violence can happen to anyone. Domestic violence knows no boundaries. It doesn’t matter if you are rich, poor, black, white, Hispanic, straight, gay, married or just dating--you can be a victim of domestic violence.

The purpose of domestic violence is to control and dominate the victim. The most obvious form is physical violence. There is no excuse for your partner hitting you. Not once, not ever. Studies show that if your partner hits you once, he will do it again. No matter how many times he apologizes or promises that it won’t happen again, statistics show that it will.

Domestic violence can also be psychological. Does your partner do any of the following:

Constantly put you down and call you names

Control what you do or where you go

Control your interactions with friends and family

Embarrass you in public or in front of friends or family

Limit your access to money, the phone or the car

Blame you for their own abusive behavior

Threaten to take your kids from you

Force you to have sex

If you think you or anyone you know is in an abusive or violent relationship there is help. North Carolina has laws that protect people from abusive relationships. First and foremost, you should call the police if you are involved in a violent episode. The police department can arrest the abuser and talk to you about getting a protective order. Each county has people in the courthouse that can help you apply for a protective order against the abuser. You can contact the Clerk of Court for your county to find out how to proceed. Finally, there are many organizations in the community that will work with you to get out of the abusive relationship.

Don’t hide behind the abuse. Get help:

http://www.ncadv.org/aboutus.php

http://www.greensboro-nc.gov

http://forsythcountyfamilyhaven.info/

http://fsifamily.org/dvsv.cfm

And Always Let Your Lawyer Be Your Guide

In my 30 plus years in the legal field, I can honestly say that nothing really surprises me anymore. Like Jiminey Cricket I've heard ever lie, story, and fable in the book. That’s good because, as I was taught in paralegal school, when interviewing a client I’m not supposed to show or express my feelings--good or bad as a client could be divulging not so proud moments of his or her life. However, as I’m sure we’ve all found out, clients are often prone to not telling us “everything.” They do this for several reasons: embarrassment, fear of judgment, or forgetfulness. Sometimes clients think certain details aren’t important to their case and, therefore, decline to mention them.

However, those details can be very important to a case. Both the attorneys working your case and myself strive to make all our clients comfortable enough to tell us “everything.” We pride ourselves on building relationships with our clients. We realize our clients are only human. People going through a difficult time in their lives who need guidance and emotional support. We make sure that they know that we don’t judge them. What’s done is done and it’s our job to help them move past it. We help them to get the best results possible with the hope that they can put the past behind them.

Getting the best result for our clients is not only about the law, but it’s about the facts, the evidence displayed, and how our client presents him or herself to a judge or jury as a credible witness. On occasion, it is that one detail that can turn your case from a win to a loss or vice-a-versa. It is always best to tell your attorney or paralegal ALL the details. Let them go through the information and decide what’s important and what’s not. That’s what you’ve paid them to do, but they have to have all the details to do so. More importantly, by knowing the “not so good” it allows your legal team to decide how to best deal with that information in the event it is brought up during your case.

I know I speak for hundreds of attorneys and paralegals when I say that there is nothing more frustrating than when a client’s case is going well and suddenly negative photos, witnesses or other evidence surfaces and jeopardizes the outcome. It’s even more frustrating when clients know of this evidence and they neglect to inform their legal team. No one likes to get blind-sided, especially in court. We can do civil and criminal record searches, interview countless witnesses, and search Facebook and other social media pages for evidence and never find anything. But sometimes there is a photo taken in fun, a seemingly insignificant text message, or one witness the client forgets, intentionally or otherwise, to tell us about. Those are the game changers.

Thus, when dealing with your attorney and legal staff honesty is the best policy and always let you lawyer be your guide.

How to Survive a DUI Arrest Without Celebrity Status

Unfortunately, in North Carolina the crime of driving while impaired is taken much more seriously than where these celebrities live. The penalty will be longer than three hours in jail, the punishment more severe than a slap on the wrist while your PR team spins the scandal into yesteryear. In real life--in North Carolina especially--the government spends a lot of time and money catching and prosecuting drunk drivers. The laws are complicated and the punishment is among the toughest in the country.

All a police officer needs to stop your vehicle is reasonable suspicion that a crime has been committed. Speeding, crossing the yellow line, failing to stop fully at a stop sign, brake lights out—these are just a few of a number of minor reasons a police officer can pull you over. You can even be stopped when you have done nothing wrong at a pre-arranged license checkpoint.

Once you have been stopped by a police officer you may be asked to perform what is called a field sobriety test. You could be asked to follow a moving object with your eyes only, or perform the heel to toe walking test, or the balance on one leg test. These tests are difficult to do when sober but almost impossible to pass if you have been drinking. You are not required do any of these tests and if you have been drinking you may want to respectfully refuse to participate.

You will also be asked to take a Breathalyzer test. You DON"T have to take the Breathalyzer test either. However, refusing to do so can be used against you in a trial and will also lead to your license being revoked even if you win the trial. Remember, if you blow a .08 or higher you are presumed to be impaired.

If you are convicted, the judge must look at factors such as these to determine if you should be put in jail or given probation:

1. You have a prior DWI conviction in this or any other State in the last 7 years

2. You had someone under the age of 18 in the car at the time of your arrest

If any of the above factors apply you must serve an active jail sentence even if it's your first driving while impaired conviction.

Your lawyer will want to provide Mitigating Factors to the Court to try and offset any Grossly Aggravating or Aggravating Factors. Even if you don’t go to jail, you will have to perform community service, pay fines and costs. Your license will be suspended for one year. You may be able to get a limited privilege to allow you to drive to and from work.

Like Justin Bieber, for those who lack legal status, a driving while impaired conviction can also be detrimental to your chances of getting legal status. A conviction could land you in immigration court fighting to keep from being deported from this country.

The best advice I can give you is DON’T DRINK AND DRIVE. However, if you are charged with driving while impaired you should see an attorney immediately so that any defenses can be explored. You should look for an attorney who is experienced in defending drunk driving cases. The consequences are too high for you to wait. Take action now.

#DUI #JustinBieber #CelebMugShot #LegalAdvice #JPLaw

Scandalous Is Not A Good Look: The Legal Ramifications of Sexting

By now, everyone has probably heard about the recent hacking of celebrity cell phones. Hollywood's “A” list crowd of actresses, singers, and reality stars, have recently become the center of scandal involving a leakage of nude photos. This should be a lesson to all of us that there really is no guaranteed privacy for pictures and other data stored electronically. It is my understanding that Academy Award winning actress Jennifer Lawrence had some nude pictures taken of her and had stored them in “the cloud.” Her account was hacked and the pictures have since been distributed all over the Internet via different sites, blogs, etc.

(Click here for full article on celebrity scandal: http://www.huffingtonpost.com/2014/08/31/jennifer-lawrence-nude-photos_n_5745260.html)

Our teenagers are particularly vulnerable to this problem and this news is an opportunity for all parents to speak with their teenagers about the dangers of taking nude pictures of themselves. Statistics show that as many as 44 percent of all teenagers have sent or posted nude or seminude pictures of themselves. And the trend is growing. This statistic has doubled in the past two years. Just as frightening are the statistics that show 36 percent of teen girls and 39 percent of teen boys share these pictures with someone other than the intended recipient.

In some states posting such pictures can be a criminal act that can cause your teenager to be charged with various pornography crimes. Just reposting or forwarding such pictures can be considered the dissemination of child pornography. Even if your teenager does not get charged with a crime we all know that once something is out on the Internet it can never truly be deleted.

Take the time to talk with your teenagers today about this and other topics that affect them legally. Don’t let one stupid mistake affect your teenager for the rest of his/her life. If you need more information visit our website for the #TalkItOut campaign: http://www.jessupprobstlaw.com

To Pay Or Not To Pay: Traffic Tickets

Every driver out there has either received a traffic ticket or knows someone who has. The question I am often asked is whether to just pay the ticket or fight the ticket in court. My general rule of thumb is … NEVER pay off a traffic ticket. Depending on your driving record you can almost always get it reduced and save both license and insurance points. Saving insurance points saves you money.

The traffic ticket system is like a three-legged stool. It takes all three legs to keep the stool standing. One leg represents the court system. One leg represents the school system. The third leg represents the driver. Each leg has to make or save money depending on its purpose. So let’s look at an example of how the three-legged stool works.

Say you get a ticket for driving 70 mph in a 55 mph zone. Depending on your driving history you can probably get the ticket reduced to Improper Equipment. You will be charged court costs and a fine but that is okay. The court costs go towards the costs of running the court system so the first leg is supported. The fine goes to the public school system so the second leg is supported. And you don’t get any insurance points assigned so your insurance doesn’t go up. Now the third leg is supported. The only loser in this system is the insurance company. Don’t feel bad for them because contrary to what the insurance industry would have you believe, insurance companies are doing just fine financially.

Is it worth retaining an attorney to get the charge reduced? Think of it this way. Most speeding tickets will carry at least two insurance points. Two insurance points will increase your insurance 45% each year for three years. The attorney fee will probably be less than your increase in insurance over the next three years. Once you do the math the answer is probably yes.

Remember, getting the reduction is more likely if you have a decent driving history and if the speeding ticket is not too high. However, if you have a bad driving history or your speed is too high you may need the services of an attorney even more. An experienced traffic and criminal defense attorney could save your license. Here are just a few examples of what an experienced attorney knows that you may not. Speeding more than 80 mph results in the suspension of your drivers license. So does speeding more than 55 mph and greater than 15 mph over the posted speed limit. As do two convictions of speeding greater than 55 mph in a twelve-month period.

So, the lesson to be learned is … ALWAYS consult an experienced attorney for any traffic ticket you receive. At the very least it will save you money on insurance premiums but it may just save your drivers license.

Michael Brown or Ferguson Police Whose Fault Is It?

No, these are not scenes from The Purge. This is Ferguson, Missouri.

You would have to be living under a rock, in a deep cave, tucked in the mountains of the Middle East, not to know about the Michael Brown vs. Ferguson Police saga. And no matter which side you support there are lessons we can all learn about who we are, how we treat one another, and how we expect the brave men and women of police departments to act.

I’ve seen the video that appears to show Michael Brown stealing a handful of cigars from a local store and assault the owner on his way out. Obviously, that is not right and is not the way any of us parents would want our sons to act. Clearly, if he were still alive he should be prosecuted for his actions.

What we don’t know at this time is what happened between Michael Brown and Officer Wilson. Some witnesses say Michael Brown assaulted the officer and reached for his gun. Other witnesses say he had raised his hands and was not a threat to the officer when he was shot dead. We all hope that at some point we will find out which of these scenarios is the truth. However, we do know that Michael Brown was unarmed at the time he was shot. We also know that he was shot six times, two of those shots were in the head.

While we wait to find out what actually happened, here are some of my observations about the whole event. First, we as a society need to raise our children better. As they grow into young adults they shouldn’t feel that they have the right to take what they want by force. The shop owner works hard for his business and deserves the respect of the people in his community.

Second, our police officers are trained to protect the community and defend themselves and others from harm. They put their lives on the line every time they go to work and most of them do it to the best of their ability. While I don’t want to be an armchair quarterback, I can’t think of many scenarios where an officer is justified for shooting an unarmed man. There are just too many other options. He could call for backup, use his taser, use his nightstick. He is trained in close combat and should be able to engage one unarmed individual. Even if Officer Wilson felt his life was in danger and needed to fire his weapon I have to think one or two shots would have done the trick. Was six necessary? To answer that question we’ll have to wait for the facts to come out.

Third, are our police departments (as well as other government agencies) becoming too militarized? It seems every police department now has enough firepower to invade a small country. Everything from automatic assault rifles to heavy armored vehicles—our police departments are civil organizations, not the military. Generally speaking, officers are not as well trained with these types of weapons as the military. We, as citizens of this nation, have to decide if we want the police departments to be so militarized and to act like an occupying force. Are our streets that dangerous? Do we want that sort of protection? These are questions that need to be discussed and debated.

Finally, this is the United States of America. We value our individual rights and freedoms. They include the right to peacefully assemble to express our dissatisfaction with our government. That includes the police department. We have a long history of protesting against our government agencies and have every expectation that we can march in the streets to show our discontent without the fear of arrest or attack. However, with that right comes the responsibility to exercise it in a peaceful manner. Those who throw rocks, or molotov cocktails, or otherwise threaten people on the street (including police officers) abuse the rights that our Constitution provides us and dishonor those who fought to provide them the privilege to protest in the streets in the first place. They should act with the control and the dignity that they expect from the police officers patrolling their streets.

In the end, we all must live together and respect one another. Bad things happen. But as a society who values our individual freedoms and our collective brotherhood we must work together to find the justice that everyone is seeking.

Play time is over. With teens going back to school, there are a few things they should keep in mind. #TalkItOut and make sure you and your teens are aware of the newest laws and legislation. For more information visit: http://www.jessupprobstlaw.com/en/

Alienation of Affection

A Guilford County Superior Court judge recently ruled that the legal claim of Alienation of Affection violates our 1st amendment constitutional right to associate freely with whomever we choose. However, the NC Supreme Court has consistently stated that it is up to the legislature to abolish the Alienation of Affection claim, not the courts. I am sure the most recent case will be appealed so we can stay tuned to see how the appellate courts will rule.

So what is the tort claim we call Alienation of Affections? It occurs when a third party takes action that alienates the affections of one spouse from another. For example, a wife may sue her husband’s girlfriend for ruining her marriage and encouraging her husband to leave her. Instead of punishing her husband, the wife seeks damages from his girlfriend. To prevail, the wife must prove that but for the actions of the girlfriend the wife and husband would still be married. She must show that the girlfriend alienated what was otherwise a good and loving relationship in the marriage.

Most people don’t bring Alienation of Affection actions even when the facts may support it. First, many people decide just to move on with life and not engage in lengthy litigation. Second, unless the girlfriend has assets it may not be a good financial move. The costs of the litigation could easily be more than the wife may be able to recover from the girlfriend. Finally, jurors don’t necessarily find it to be a compelling claim and sometimes think that the wife should accept that her husband does not want to be with her and move on. The exception usually occurs when the wife and the husband have been married for many years and the wife has devoted her life to the marriage only to have her husband leaver her, often for a younger woman. Generally speaking, the longer the marriage the more likely the jury will be sympathetic to the wife’s claims.

The Alienation of Affection claim is mostly used in the divorce action to extract a better settlement from the husband. Threatening to sue his new girlfriend often gets him to negotiate a little more fairly than he might otherwise do. At the very least, it makes the negotiating a little more interesting for everyone involved.

As the recent Alienation of Affection case moves through the appellate system I will continue to report on the rulings and how it might affect the Alienation of Affection claim in North Carolina.

How to Act and Dress in Court

Any time you appear in Court you are making a visual impression for the Judge, Jury, Attorneys, Prosecutors and Clerks. It is important to make the right first impression.

To paraphrase an old saying - You never get a second chance to make a good first impression.

That is why it is important for you to dress and act appropriately. From the moment you arrive in the court house until the moment you leave - your goal is to impress those people that can affect the outcome of your case. Here are some tips that will help you make the right first impression.

How To Act

1. Arrive on time. If you are supposed to be in court at 9:00 a.m. make sure you arrive by 8:45 a.m. Take into account traffic, weather and other conditions in deciding how early you must leave your residence to arrive on time.

2. Turn off your cell phone as soon as you enter the court house. If it rings in the court room it will be confiscated and most likely donated to a charity.

3. Once you enter the court room make sure you sit quietly and pay attention to any instructions given by court personnel. Do not talk, chew gum, eat, drink or sleep while court is in session. DO NOT use your phone for any reason while in court.

4. When appearing before a Judge stand next to your lawyer until you are instructed to sit down. Don’t talk unless your lawyer or the Judge asks you to. Always address the Judge as Your Honor and make sure you use the manners your parents taught you .... Yes Sir, Yes Ma’am.

5. No matter what happens in Court do not make faces, grunts or other noises which may reflect your disagreement about what is happening. Keep your "poker face" on at all times.

What To Wear

1. A court room is a place where important business is conducted. You should dress in a manner that shows the Judge and others that you respect the environment.

2. Dress conservatively and respectfully. Business casual dress is usually acceptable. For men, a suit is always appropriate but khaki pants and a nice shirt will do. For women, a dress or pants and blouse are appropriate.

3. Clothes that Fit. Make sure what you wear fits you appropriately. Your clothes should not be too baggie or too tight.

4. Underwear. You should not be able to see any underwear through, under or over your clothing. That means keep your pants at your waist line, not down on your thighs or knees.

5. Hair. Your hair should be clean and appropriately groomed. For men, if you have long hair you may want to pull it back in a pony tail. Make sure any facial hair is trimmed.

6. Jewelry. It is ok to wear jewelry in court but you should make sure you don’t overdo it. Make sure the jewelry is appropriate for the outfit you are wearing. Remember, less is better in this situation. You should remove all facial or body piercings (except for earrings) which can be seen.

7. Tattoos. Although tattoos are becoming more fashionable and acceptable, you should cover them if possible.

8. What Not To Wear. Jeans, t-shirts, hats, flip flops, shirts with questionable "sayings" or "political statements" on them, tube tops, spaghetti strap shirts, shirts that show midriff skin, short skirts, shorts, excessively high heels or tennis shoes.

Remember ... Show the Court you respect the environment, the process, and the participants.

Cell Phone Searches - Just Say No

As citizens, we are protected from unreasonable searches and seizures by the 4th Amendment to the Constitution. In laymen’s terms, that means that the government (read law enforcement) can’t just stop us and search us just because they want to. It is one of the basic rights that sets us apart from almost every other country. If the government wants to stop or search us they usually need to go to a judge and illustrate that they have good cause to believe that a crime has been committed and that evidence of the crime will be found in the place that they want to search. The judge may issue a search warrant based upon the information given to him or her. The search warrant will allow them to search the place described for the items listed and nothing more. The 4th Amendment is what protects us from the government intruding upon in our lives just because they have a hunch about crime.

The United States Supreme Court recently ruled that, in most instances, an officer needs a search warrant to search someone’s cell phone. It is a rare victory for privacy rights. Prior to this ruling, police officers often searched cell phones when they arrested someone. The Court reasoned that we keep a lot of private information about ourselves on our cell phone. For example, we may have photographs, names and numbers of contacts, bank account passwords, emails and medical files. The court correctly determined that we have an expectation of privacy in the information stored on our phones and that the expectation of privacy is protected by the 4th Amendment.

Of course many people believe that if you have nothing to hide then there is no reason not to allow a police officer to search your phone. But our nation was born out of the notion that we each have individual rights to privacy and that the government should not be able to easily breach those rights.

Even though the Supreme Court limited the government’s ability to search your phone the police may still ask your permission to do so. My general rule of thumb for clients is to never give the police permission to search yourself, your phone, your house or your car. If an officer is asking permission it usually means that he does not have probable cause to search without a warrant. Always exercise your constitutional rights. You can always cooperate with the police later when you have had the opportunity to speak with a lawyer. When it comes to granting permission to an office, Nancy Reagan said it best ... "Just Say No."

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