"RNC Arrestee's Update"

People's Law Collective

Friends, comrades, fellow travelers:

We did it! All of us — we rocked in the streets, we fought the law, and it still hasn't won. All of our comrades are out of jail — except for one.

We are still working and in the next few days we will have a full post-RNC statement from NYC-PLC, and some of the other pieces that we're committed to doing. A defendants' listserv was just set up so those of you who gave the jail support greeters email information will be receiving an invite to join the list in the next few days. The purpose of that list is for you — the defendants — to exchange information and strategize around solidarity and how to best support each other.We know that there are many, many questions that y'all have following your arrests or confrontations with the police. So that we may best answer your questions we ask that you first look at the short FAQ posted below. Read carefully, and then if you have more questions email us at nycplc@mutualaid.org. We have a phone number for emergency calls, but you should keep in mind that we don't have the dozens of awesome activists who staffed the hotline in the past 10 days to answer the phone. We get a huge volume of calls, and to avoid overwhelming the phone line, and us, we ask that you use email if you can. It will be a more effective way to get a hold of us and for us to get back to you.
Many people have shown real solidarity and have been asking about Jamal Holiday. He is still in jail, but you all should know that he has a kick ass lawyer and she is working on getting him out, hopefully without having to pay bail (his bail is set right now at $50,000). We think it is rad if folks are setting up support committees or are trying to raise money for him. We definitely have him and his case at the top of our priorities and have not forgotten about him.

Look for a full update from us in the next few days! Stay Strong!

IN SOLIDARITY — NYCPLC

When Do I Get My Lawyer? Can I change my lawyer to an NLG lawyer? If you have already been arraigned you should have either been arraigned by an NLG attorney or by a public defender. If the public defender was a Legal Aid lawyer, then the National Lawyer?s Guild is asking that you stay with your Legal Aid attorney, because there aren?t enough NLG attorneys to take all of the cases. PLC, NLG and the Association of Legal Aid Attorneys have been working together and we trust Legal Aid and think they will do a good job. If you have a New York County Defender or 18-B attorney and you strongly feel you cannot work with them, please contact us. If you were arraigned by a National Lawyer?s Guild Attorney then you should have received the name of who your lawyer will be when you were leaving the arraignment part, if you did not — let us know and we will track your lawyer down.

What if I don't have a lawyer because I was released on a summons or a DAT? If you were released on a summons or a DAT, you will be arraigned by Legal Aid or another public defender. There will be PLC/National Lawyer?s Guild folks on site to take your info, and after this initial arraignment, if you are not eligible for a Legal Aid attorney you will be assigned a National Lawyer?s Guild Attorney. Again — if you didn't tell us when your DAT date is we won't be there for support — so give us your info.

Do I have an actionable civil suit? Because there are going to be many lawsuits around the arrests during the Republican National Convention, you may...

— Everyone held at Pier 57 is eligible for a lawsuit on conditions.

— Everyone held for over 24 hours is eligible for a lawsuit based on the breach of the 24 hour law. (this especially applies to people who were arrested on Tuesday).

— Everyone who has been released without charges, has had their charges dropped and anyone who is found not guilty is eligible for a wrongful arrest lawsuit. (If people who took ACDs ask these questions see below)

If I took an ACD can I still file a wrongful arrest suit? An ACD is not a ?not guilty? or ?guilty plea? some lawyers say that you are eligible for a wrongful arrest lawsuit, while others say that you will not be. Please contact us either way. However, if you are eligible for the other types of lawsuits, you can definitely sue.
ACD means: Adjournment in Contemplation of Dismissal, a period, usually six months, in which your case is in limbo. If you get in trouble with the law in that time, they'll bring it back to haunt you. Otherwise, after six months, the whole incident is wiped from your record. ACD is NOT an admission of guilt.
Where do I take my nasty clothes from Pier 57? Take them to the LO Muster Space is at 28 E 35th street between Park ave and Madison Ave.) do this between 12pm and 6pm. If you want to complain about the Piers, call the department of health at 1-800-457-7362.

Can I change my ACD to a Not Guilty plea? No.

When and where is the Contempt Hearing? Wednesday at 100 Centre Street on the 13th Floor time is TBA.

Am I going to get $1000 because the city is being held in contempt of court?

The actual amount of money per person in jail that the city is going to be fined is to be determined at the contempt hearing. Also, the National Lawyers Guild Attorneys are pushing for each person for whom this applies to receive their full share of the money.

What is arraignment? Arraignment is where a person is officially charged with the crimes the police claims they have committed. This is the point where a person is officially entered into the Court System, and where they receive their ?Docket Number? ? the case number that will stay with them throughout the system. This is where you will be allowed to plead "guilty" "not guilty" or take an offer (take an ACD, plea to a lesser charge and penalty)

What is Desk Appearance Ticket (DAT)? A desk appearance ticket is similar to a summons. It is given to people and orders that they come back to court on a specific date for their arraignment.
How Do I Get On the Civil Suit? There is not an existing civil suit yet, but there will soon be a few that you will be able to get on. Please email us at NYCMASSDEFENSE@RISEUP.NET with the following information:

— Your contact information.

— Your name, address and date of birth.

— What time you were arrested and the location (street address, intersection)

— How long you spent in police custody at the location you were arrested at.

— How long you spent at Pier 57?

— At what time they sent you to Central Booking

— If you were DAT'd or released without charges, what time and a day this happened.

— If you were arraigned in front of a judge then:

— At what time were you brought to the pre-arraignment pen (the holding cell right
before you went to see the judge, it has a booth where you are interviewed by your lawyer.)

— At what time you were arraigned.

— At what time you were no longer in police custody.

Also, we would like you to fill in this timeline with details regarding any police misconduct you may have experienced, times at which you requested medical attention, times at which you received or were refused medical attention, times that you were hurt or began to feel ill, and any other points at which you experienced medical issues or police misconduct issues.

We understand that you probably don't have a good sense of exactly what time you were moved around because you probably didn't have access to the time. However, please try to estimate and create a rough timeline for us.

Also, please include if you were released on a DAT, if you were released without any charges, if you took an ACD, plead out or if you plead not guilty. Also, if applicable please give your email.
FINALLY, remember that solidarity is about supporting each other. Our small collective's priority right now is supporting our comrades that are facing more serious criminal charges. Please be patient if we do not get back to you right away on questions related to civil suits.

NLG FAQ from NLG FAQ:

You're free! I know we already made you give us a bunch of info, but there are a lot of people who went to jail and we REALLY want to make sure we have all of your information correct. Could you please fill out just one more form for us? It is right here and it is a webform so you don't even have to print it out or put a stamp on it!

FAQs:

Can I talk about my case?

What should I do with photos, videos, or witness information relating to my arrest?

What do I do if I have a private attorney?

Where do I go for court appearances?

What do I do if I was arrested while riding my bicycle?

What should I do if I was injured by the police?

How can I be part of a lawsuit for the way I was treated?

I got a DAT. Do I really have to go back to NYC to go to court?

Do you still need clothing worn at Pier 57?

I have more questions!

"Can I talk about my case?"

The NLG strongly advises people who were arrested during the RNC to not talk and to not write about the specific circumstances of their arrest if they have pending cases, without first speaking with a lawyer. This applies to the particular acts just before and during the arrest. Please be aware that statements made on the Internet, as well as videos/photos shared or posted, reside in the public domain, and are not private or privileged; they may be viewed by law enforcement. The NLG recommends having such material reviewed by a lawyer before making it public. Be aware that if you are talking to the media, posting emails, having phone conversations about your case or otherwise publicly speaking about your arrest or the arrests of others, you are potentially sharing that information with the police. It may result in problems if you have a pending case. If you assume the government may monitor telephone and email communications, even if the government's action may be illegal, yo
u will better protect yourself and others.

While you may want to comment on how you were treated after your arrest (e.g., experiences in custody, conditions at Pier 57, the length of custody until arraignment or release on a DAT), be sure to note and save what you say or write; if future statements differ, your prior statements may return to haunt you.

"What should I do with photos, videos, or witness information relating to my arrest?"

Download police misconduct forms and return them to the NLG.

Gather evidence such as videos, photographs, etc. Collect and safeguard the names, addresses and statements of witnesses who can testify about the circumstances of your arrest. Forward a brief summary to evidence@nlg.org

Document and safeguard everything you remember ASAP. Make sure your lawyer has all information related to your case. If you prepare documentation of the circumstances of your arrest and/or injury at your lawyer's request, do not give it to anyone or you may destroy privileges that protect the document.

"What do I do if I have a private attorney?"

If you use a private attorney, please contact the NLG at nycmassdefense@riseup.net so that the lawyers can coordinate their efforts regarding possible witnesses and other evidence.

"Where do I go for court appearances?"

All hearings following arraignment are held at the Criminal Court Building, 100 Centre Street, in Manhattan. Be sure to carefully read your DAT slip. Some arraignments are held at other locations, such as Midtown Manhattan Community Court.

"What do I do if I was arrested while riding my bicycle?"

Time's Up!, an all-volunteer group that promotes non-polluting transportation and the environment, is helping to organize information and provide extra support to people who were arrested while cycling or who had their bikes confiscated. You should contact them in addition to the NLG if either of the above scenarios applies to you. You can visit their website at http://www.times-up.org/call_rnc.php

"What should I do if I was injured by the police?"

If you were injured during the RNC protests, go to a medical facility right away and have your injuries documented on paper and by photo (make sure you keep the name of the person taking the photo, their contact information, the date, time and place ? digital cameras with time and date notations on the photo are great). If you cannot go to a medical facility, have a friend take photos of your injuries or take them yourself. It is important to document your injuries over time, e.g., darkening discoloration of bruises over time. Safeguard the originals of your documentation and email a summary to evidence@nlg.org. The summary should include your name, address, phone number, docket or arrest number, and a brief description--date, time, location and what happened to cause the injury.

"How can I be part of a lawsuit for the way I was treated?"

NLG lawyers are reviewing possible claims arising from RNC protest arrests and detentions that may become the basis of civil lawsuits. If you are considering a civil suit in state court for damages, you will need to file a Notice of Claim with the City to protect your right to seek damages under state law. You have 90 days from the date of your arrest to file. (See nycplc.mahost.org/claim.htm for more information. The NLG recommends consulting with a lawyer before filing, especially if you have a pending criminal case, but further recommends marking your calendar 80 days after your arrest as a reminder. The NLG will be posting more information later this month about the specifics for filing a civil claim. If you do file a notice, please send a copy of it to the NLG at nycmassdefense@riseup.net or fax it to (212) 679-6178. You should document and safeguard, untill requested by an attorney, any details reguarding your experience. You should also complete a Police Misconduct For
m and send it to the NLG.

"I got a DAT. Do I really have to go back to NYC to go to court?"
Unfortunately, you are required to appear on the date that appears on your Desk Appearance Ticket ("DAT"). If you do not show up the judge will issue a bench warrant for your arrest, which will cause you problems if the police ever run your information in the future. If you are from out of state, be sure to contact the NLG before you return to New York.

"Do you still need clothing worn at Pier 57?"

Please place the pants or shirt that you wore while you were detained at Pier 57 in a plastic bag . Print and complete the evidence intake form, and attach it to the bag and keep it in a cool, dry location. Send an email to evidence@rnc.org and indicate your name, phone number, and date/time you entered and were released from Pier 57. If you do not receive a response by September 30, 2004, you may assume your clothes are not needed and may wash them.

"I have more questions!"

You should check out the People's Law Collective. They have been working closely with the NLG. If you called the legal hotline during the RNC you talked to someone from PLC. They also have quite a few FAQs on their website that we have't duplicated here. If you still can't find what you are looking for you should send an e-mail to nycmassdefense@risup.net with your question.