In-Court Cells Legal?

SQ Attorneys

Day Reporting

Are court holding cells legal? The Washington Supreme Court says, drum roll, please … “no”. Criminal defendants cannot be forced to appear for court proceedings in an in-court holding cell, unless the defendant presents a security concern. The court found that requiring defendants to attend court hearings while in a holding cell undermines the presumption of innocence. They also found that it interferes with a defendant’s ability to communicate with his/her/they’s lawyer, and violates the dignity of the defendant and the judicial proceedings. The case arose because Cowlitz County routinely used a 5 ft square in-court cell with a mesh opening to speak with attorneys. The practice was challenged and the case ultimately ended up in the Supreme Court. The question moving forward will be how virtual court will be handled when the defendant is locked up in jail. Many municipal jurisdictions use the SCORE jail for housing defendants and instead of bringing them to court, they do hearings via Zoom court. Does this ruling impact that practice?

If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.

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