There are several behaviors and actions that can lead to an individual being arrested or facing further legal consequences even after they are already in the courtroom for a criminal case. It’s important to note that these actions are highly discouraged and can significantly worsen the individual’s legal standing. Here are seven ways someone might get arrested in such a scenario:

1. Contempt of Court: This is one of the most common reasons for arrest within a courtroom. It includes any act that disrespects the court or its officers, such as refusing to answer questions, yelling or swearing in court, or failing to comply with court orders. Additionally do NOT go to court drunk. I did see one witness at a preliminary probable cause hearing show up drunk. The judge, smelling and hearing the problem, called over the courtroom security sheriff. “Please go get a breathalyzer.” Remember that 0.08 BAC is illegal, driving under the influence. Our hero blew a 1.2 and was arrested and hauled off to jail from the witness stand. Additionally, to my client’s benefit, her testimony was ruled to be “incredible as a matter of law” to be totally ignored. I’d heard of “incredible as a matter of law but had never before actually seen it happen. So show up sober! Witness, Defendant, it does matter. I apologize for the Yiddish expression, but “putz-vetig” translates to “stupid penis.” Sitting in the corner wearing a dunce cap for a putz-vetig seems appropriate. At the defense table it is a really bad idea. If in doubt, shut up and look innocent!
2. Disorderly Conduct: Behaving in a disruptive manner, fighting, or causing disturbances in the courtroom can lead to immediate arrest for disorderly conduct. A warning from the Judge would be normal, but Judges do not like to repeat themselves. For contempt committed directly in the presence of the judge, the obstreperous attendee in court can be and will be hauled off, once again, directly to jail. Do not pass GO. Do not collect $200.
3. Threatening Behavior: Making threats against the judge, attorneys, court staff, or others in the courtroom can result in arrest. This includes verbal threats, gestures, or written threats. Some are given particularly out of the ordinary latitude in this regard, but unless you are quite different from everyone else, anticipate immediate arrest if the contempt is committed in the presence of the judge.
4. Bringing Prohibited Items into the Courtroom: If someone is found with weapons, illegal drugs, or other prohibited items within the courthouse or courtroom, they can be arrested on the spot. This situation has become unusual since most courthouses have Sheriff’s officers controlling x-ray and scanning equipment to avoid anything getting this far. Illegal drugs, switchblades with blades that are too long and the like can still result in arrest.
5. Attempting to Tamper with or Influence a Jury: Any attempt to discuss the case with a juror outside of the formal proceedings, or trying to influence their decision through bribery or threats, can lead to immediate arrest. Judges are VERY protective of their clerks, and VERY VERY protective of jurors. They tolerate ZERO interference with jurors or with people waiting to see if they are going to be jurors.
6. Perjury: Lying under oath during your case or another’s can result in being charged with perjury. If evidence emerges in the courtroom that an individual has intentionally lied during their testimony, they can be arrested. Again, the problem behavior is committed in the presence of the judge, so immediate arrest without trial or hearing is no problem for the judge.
7. Dress! I’ve seen a youngster appear in Court wearing a T shirt that read “F*** Authority. I advise against that, arrested or not. Don’t expect the judge to see the humor. Guilty or not, it behooves you to LOOK INNOCENT! You will improve your chances of a great result, and worst case you’ll be treated better. You do not want the jury dressed better than you are.
8. Finally, if you must address the court, the judge, STAND! Say NOTHING, not a word, to the judge unless you are first on your feet.
9. Final Final note. Do not try to jump out the courthouse window. It’s already been done and makes a bad impression. It results in more charges and bad attitudes.
10. Leave the jokes, if any, to your lawyer. I personally have had the privilege and fun of cracking up juries, judges, prosecutors, and galleries. Timing and the joke must both be perfect to avoid it backfiring. If the judge laughs, even though they cover their mouth, you’re likely ok. Leave it to the lawyer!
11. Outstanding warrants are a great shortcut for jail, since nothing else is needed. It could for missing a court date on a stop sign violation, or murder. Either way, an FTA warrant (failure to appear) means immediate arrest. Previous FTAs, even when properly resolved, can cause a judge to set a much higher bond.

Obstruction of Justice Any action that could be seen as obstructing the legal process, such as destroying evidence, influencing witnesses outside of legal boundaries, or attempting to flee the courtroom, can result in arrest. This is nicely demonstrated by federal prosecution priorities. Regardless of the charges, the Court will treat you far more harshly if there is perjury or obstruction of justice. That goes to the heart of the operation of the court system, and is more serious than the underlying crime.

But how do you get arrested outside of the courtroom and outside of the courthouse? How do you get arrested in “normal life?”

1.  Commit a serious offense witnesses by a LEO law enforcement officer.

2. Display a weapon, justified or not. Arrest first, sort it out later.

3. Have a warrant for your arrest that you either ignored or that you did not know about.

Most warrantless arrests occur during traffic stops. If you are not stopped at all, you’ve reduced the chances of that arrest significantly. Check your car lights, all around, with help for the brake, tail, and reverse lights. Do NOT get stopped because you had a burned out brake light!

4.  Here’s the biggy: break two laws at the same time. As I’ve previously discussed, carrying illegal drugs is dangerous, illegal, and may result in arrest. To guarantee an arrest, commit another crime at the same time. The most common I’ve seen is a drug courier driving from state to state while speeding. The LEOs are trained at turning a traffic stop for speeding into a complete search of the car. This may involve drug dogs and more. In extreme cases, the car might be impounded along with the driver!

5. Talking too much. Remember that the LEO knows her lines, and you don’t know yours. While you may think you know why they are asking something, that is NOT always true. You don’t even know why you were stopped!  You may be a suspect in a murder investigation! So no sudden movements, keep your hands visible, etc. Anything that extends a police-citizen encounter is generally good for the police and bad for the civilian. Being stopped is not the time for a chat. It is however a great time for perfect manners, excellent following of instructions, and avoiding a fight. Believe it or not my client HAVE gotten into physical tussles with LEOs. Guess whose’ going to win?

6. Remember that if you are stopped in the car or otherwise, you do NOT know what the officer is thinking. Do they think they have found the suspect in a bank robbery that just occurred around the corner, or did they think you were speeding? Your behavior should be the same.

7. Do not try to settle the case at the side of the road. First, it wont’ work. Second, the cop does not want to hear it. Finally, you WILL say something you don’t want to say. An arrest may be a final result of not keeping your mouth shut. Right or wrong you will not talk the officer out of whatever they’re thinking, and in fact you don’t even know what they are thinking.

8. Know and follow the traffic laws. This includes using turn signals, avoiding tailgating, pulling over an extra lane when passing a police car on the shoulder of the road, going the speed limit, and the rest. Go the Motor Vehicle Department, get the booklet used to prepare for the written drivers license test, and re-read it!

9. Be sure that your car smells of pot. LEOs claim that they can smell the difference between burning pot and raw, unburned pot. Your passengers can’t smoke in the car either. It is common for a following car to smell pot smoke coming from the car in front of them.  Just like champagne, if you want to legally carry a legal amount of pot, it must be in a sealed (use odor proof) container in the trunk. Beware of what your passengers are carrying and what they smell like. In a traffic stop they have more rights than you do! No pot smell means one less reason to be arrested and one less reason to extend the traffic stop.

10. Even if the LEO is illegally holding you, follow instructions. Be cooperative. Do not give consent to search. Do not talk more than is essential.

11. Firearms are a huge problem. So many of my clients are smuggling drugs and DO have a firearm in the car. That can add five to ten years or more to a prison sentence, and sound terrible in front of a jury. If you are carrying, assume legally, do not break another law at the same time.

12. Finally, simply do not break the law. Then if arrested you might still see a happy ending. Notice I said “happy ending” and not “happy beginning.”

13 Final Final comment: if you find yourself in a road rage incident, do not pull over. IF YOU DO, DO NOT GET OUT OF THE CAR. Of all the road rage cases I’ve handled, if my client stayed in the car, they did not get arrested. If they got out, things got worse fast including broken jaws and more.

Finally, IF you find that you have managed to get arrested either roadside or in court, remain quite, and get a great lawyer who specializes in criminal law including traffic law. Lawyers that go to court make up less than 5% of all lawyers. Your “general lawyer” will know who in town is the right lawyer for you.

Remember please that this is all general commentary. It is NOT legal advice. Every situation and every case is legally and factually different. See your lawyer for advice and not a blog. Following the suggestions in this blog may obviate the need for the lawyer. Remember that less than 5% of lawyers (perhaps as much as 10-15 %) can even find a courthouse. A lawyer drafting contracts does not need a courtroom.

As lawyers we do NOT WANT YOU TO GET ARRESTED! Leave that to someone who has not read this blog. I believe that in my decades in courtrooms I have seen every one of these behaviors except the suspect/defendant trying to escape out the window.

So in summary, my phone is 720-320-6201. Please avoid needing me. I’m here if needed. Don’t need me!

This could be considered a sponsored post since I regularly work with AboutBoulder and I am an attorney including my own phone number. I hope I’m writing to help you NOT need me or my colleagues.