Confusion and Consequences in the Courtroom

I could tell the man was agitated the second he entered the courtroom. Recently arrested for violating an order of protection against the mother of his kid, he was held in the local jail and brought into court looking frustrated, confused, and desperate to explain himself. Unlike most defendants, who usually speak only when prompted, he immediately began an urgent conversation with his public defender and nearby security guards.

From what I overheard, two things became clear: he didn’t believe he had violated a court order, and he felt strongly that the court was targeting him because he was Black.

He explained that he’d only seen the mother of his child during a scheduled custody exchange; he had court ordered visitation rights, and yet that contact was being treated as a violation. He couldn’t understand how simply picking up his child could land him back in jail. He spoke of  the visitation agreement, telling it to court staff as he insisted he was just trying to be present for his kid.

As the proceedings continued, it became clear that the confusion stemmed from a misunderstanding of the court order. He believed he had a limited order of protection, which allows some contact, but the court had issued a full order of protection with some limited exceptions. That subtle, legalistic distinction was never fully explained to him. When he asked the judge how he could avoid being arrested again just for trying to see his child, the judge replied that he couldn’t offer legal advice and simply told him not to violate the order again.

What struck me most was how deeply this man wanted to do the right thing. He wasn’t trying to undermine the system, he just didn’t understand it. And it was clear that no one had taken the time to truly explain it to him.

Sadly, this wasn’t the only time I saw a defendant punished for misunderstanding legal technicalities. On another day, a judge threatened a defendant with a harsher sentence because of a miscommunication about when he was supposed to turn himself into jail. The court told him 9 a.m., but his lawyer said by 4 p.m.. But when he showed up at 3 pm, he was turned away—an error that nearly cost him months of freedom.Only a desperate plea from his public defender prevented this harsher outcome.

These moments revealed a troubling pattern: even when people try to comply, the system can still punish them. Public defenders are stretched thin. Court calendars are packed. But it's not the defendant’s fault the system is overwhelmed, and they shouldn’t bear the consequences of its disorganization.

If the justice system can’t ensure that every person is given the clarity, guidance, and time needed to navigate it, we should question the volume of people being pushed through it in the first place. Many of the cases I witnessed involved low-level offenses. Yet the consequences for simple misunderstandings were life-altering.

Justice shouldn't hinge on legal technicalities lost in translation. It should be about offering people the tools to move forward. If the system can’t do that, it’s not justice. It’s merely punishment disguised as a process.