Santa Rosa, CA asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for California

Q: Can a defendent out of custody appearing in pretrial hearing be told "take your hands out of pockets". By court ballif.

He made statement to only the defendent. While Judge is present. Seems like he was treating him like a inmate. Would this be a violation of his right to fair trial.

4 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: It doesn't sound like anything to worry about. Bailiffs like to see that courtroom attendees act respectfully, and some have unique ideas of what that means. I once had a bailiff tell me to take the eyeglasses off the top of my head! Go figure.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: each bench officer has their own policies.......

i think it is just common courtesy to the judge to not have your hands in your pocket and to be RESPECTFUL OF THE COURT...........it applies to parties and attorneys...

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Bailiffs are responsible for courtroom security and control. They see every person as a potential threat in that confined setting, especially if you can’t see their hands, or what they may have in them. Its nothing personal; I’ve been hearing them say the exact same thing, while yanking hands out of pockets, for decades.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: ABSOLUTELY! Keep your hands out of your pockets, stand up straight and address the Court respectfully. Bailiffs are responsible to maintain order and security in the courtroom, and don't want you putting your hands in your pockets to retrieve ????

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