bann Appearing in Court - Benham Sims

Appearing in Court

Appearing in court is a serious matter.  It can have an impact on the judge, prosecutor and your case in general.  This page provides a brief overview of the process.

Courtroom Decorum:

Please be respectful to all court personnel. Please dress respectfully for court and arrive on time. Do not wait out in the hallway for me. Please wait in the courtroom so I will know where to find you. Turn off your cell phone or pager off in court. Do not make any calls on your cell phone while you are in court.  If your case is called by the police, prosecutor, clerk, or Judge, please politely tell them that I am your attorney and they can reach me at (502) 648-1759 (Cell) or (502) 589-6190 (Office).

Please do not ever talk to anyone about your case unless I am with you and agree to you discussing the case. Do not eat or drink anything while in court. Please keep any conversation to a minimum. Please do not bring young children to court, make arrangement for childcare in advance of your court date.

 

Arraignment:

The purpose of Arraignment is to advise you of the charges against you, your constitutional rights and to provide you with written notice of your next court date. Please wait for me in the courtroom. I will be representing several other clients on the same day I am representing you. If you have not talked to me by 10am on your court date, please call my cell at 648-1759.

No witnesses or police officers are subpoenaed to appear at Arraignment. You will not have to say anything at this hearing. The court is required by law (KRS 189A.200) to pretrial suspend your Kentucky driving privileges if you are alleged to have refused to take a breath, blood, or urine test or if you are a multiple offender. If you are involved in an injury accident, the Judge may also order the suspension of your license. You are entitled to hearing on any license suspension orders within 30 days of the suspension order. In order to exercise the right to a hearing, a lawyer must file written notice to the court and prosecutor.

 

Pretrial:

This is often the first opportunity for the prosecutor and defense to meet with the officers and any other witnesses. I will meet privately with the prosecutors and witnesses. I do not want you part of this process because you will be tempted to make comments that may later incriminate you. No one who is represented by a lawyer is present for these conferences. Depending on the issues presented, the parties may decide to have additional pretrial conferences. The appellate court

 

Constitutional Rights:

In our client interview, I explained to you the rights that are guaranteed to you by our state and federal constitution. These right include:

You have a personal right to have a trial by Jury.

You are presumed innocent until the Commonwealth proves their case to a jury beyond a “reasonable doubt”.

You have the right to appeal a conviction to a higher court and ask that court to review the conduct of the trial Judge and other parties.

You have the right to confront and cross examine the Commonwealth’s witnesses.

You have the right to have your own witnesses testify on your behalf.

You have the right to remain silent (Please note that I do not want you to talk to anyone about the charges against you. If you are involved in an accident you are required to report the accident to your insurance company. While I want you to report the accident, I do not want you to give any kind of a statement.  Do not talk to employees of the prosecutor’s office, insurance companies-including your insurance company, private investigators, or the police. The sole exception is your lawyer and your therapist).

Principle Office in Louisville, KY

Benham Sims
600 West Main Street, Suite 300
The 600 Building
Louisville, KY 40202


Phone: (502) 589-6190