“EW, DAVID”, ORANGE MIGHT NOT BE YOUR COLOR

by Alex Kornfeld

Criminal LawDecember 10, 20200 comments 0 Likes

DO INMATES HAVE TO WEAR AN ORANGE JUMPSUIT TO TRIAL

No, a defendant does not have to go to trial while wearing an orange jumpsuit or a jail uniform. On the other hand, if plans are not made a defendant can go to trial in his jail uniform.

The Defendant must make plans to make sure appropriate attire is delivered to him or his counsel prior to a trial. In most cases, it makes sense to deliver the defendant’s clothes directly to their representative’s office. Dropping clothes off at the lawyer’s office or at the courthouse on the date of a trial limits the number of those handling the clothing.

It is possible that it could be to a defendant’s benefit to be in an orange jumpsuit at trial but that would be rare. An example in which it may be beneficial to be in an orange jumpsuit would be an elderly person or single parent charged with a minor offense.

So, what should a defendant wear to trial? That is a fact-specific question. One must consider the venue, the charge, the possible victims, etc? What color should a defendant wear? Definitely not orange or maybe orange? Should the defendant wear a suit or something less formal?

If you or your loved one is going to Court, it is an important consideration that should not be overlooked.

Source: Humbert v. State, 345 S.C. 332, 548 S.E.2d 862 (S.C. 2001)

“Petitioner claims he received ineffective assistance of counsel because defense counsel allowed the case to proceed to trial while petitioner was wearing a jail uniform, shackles, and an identification bracelet bearing his mug shot. We disagree.”

“We find it generally improper for a defendant to appear for a jury trial dressed in readily identifiable prison clothing.”