Criminal Law/re handcuffing

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Expert: - 3/10/2004


Question
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Right.  I know they get handcuffed.  I'm asking if they are handcuffed in front or in back of their body.  Hands behind the back or in front.  Is there a rule about the position of the cuffs, or is it at an officer's discretion?

Sorry I wasn't clearer about the attorney room.  I'm referring to after the arrest, when the person is in jail.  At that point, when they visit with their attorney, would they be handcuffed in front or in back when they go to the meeting, or even to a court appearance.

Thanks for your help.

Answer
   It depends on the policy of the particular police department whether someone gets handcuffed in the back or in the front.  I haven't seen many people being handcuffed in the front because a defendant could do as much damage that way as if he/she was not handcuffed.

   Usually in county jails an inmate is brought to a meeting with his attorney without handcuffed but I have not been in every county jail in the country but in the ones I have been in the inmate was brought without handcuffed.  In prison they are handcuffed wherever they go.  Defendants are never handcuffed in court unless the judge orders it.  It would send a message to the jury that would be prejudicial to the defense.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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