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 Legal FAQ Please note: This is a now outdated list of Frequently Asked Questions (FAQ) written by R2K defendants along with answers supplied to the best knowledge of those who prepared this FAQ. Obligatory disclaimer: We are not lawyers, and thus cannot give out legal advice. For all legal questions you need to contact a lawyer. The following information was collected from various sources and we cannot be held liable for it. We urge defendants to contact their lawyer with any questions. [editor's note: this information was compiled by the a1 NY-area working group, and was current as of 9/27/00.] Section II: Political and Legal Situation
How many defendants are there? The number of defendants at the start of the status hearings was about 260 charged with misdemeanors, and 37 charged with felonies. This number does not include defendants in the juvenile justice system. Due to the number of cases being dropped, this number has gotten smaller. It is also expected that upcoming hearings for some of the felony defendants will result in reductions of their charges to misdemeanors.
Will the cases be treated individually, as a group, or in clusters? The 260 misdemeanor defendants have been grouped into blocks of 5-6 defendants. The groupings correspond to _alleged_ arrest locations, so, for example, the 78 people allegedly arrested in the puppet warehouse are listed in the same blocks. There are felony cases grouped with some of the misdemeanor cases, and there are a few groups of just felony cases. It is up to the judge whether or not people remain in these groups through the legal process. There are some cases where defendants _must_ be split into separate trials. This happens in rare cases where one defendant's Fifth Amendment rights (not to incriminate herself) conflict with another defendant's Due Process rights (to all the information available for a fair trial). You and your lawyer may file a motion of severance, to "sever" you from a group in which you have been initially placed for the trials. This motion is subject to the judge's discretion as to whether or not it will be granted. There must be a good legal reason for a motion of severance to be granted.
What are groups doing to support the Philly defendants? Philadelphia: The Philadelphia Direct Action Group (PDAG) has made Philly defendants a high priority, and the Philly contingent of the R2K Legal Team is made up ACT-UP and PDAG members. These activists have several active working groups, including outreach, media, legal, and fundraising. The outreach group is planning an action around September 23 at the Liberty Bell, and the fundraising group has already raised $45,000, some of which has already gone towrds bails. R2K Legal Collective members are planning trainings and meetings for defendants arriving in Philly for the Saturday status listings (See I.6). The Philly activists are collecting the evidence for civil cases, and they are the clearinghouse for all informational needs for both civil and criminal cases. Therefore, defendants who come to Philly should go through an intake interview if they haven't already. To do this, call R2K Legal, or go the R2K Legal office during office hours (see question I.5). New York City: The August 1st Coalition in New York City is the New York arm of the R2K Legal Collective. The Coalition is made up of people from Student Liberation Action Movement, the CD committee of the Free Mumia Coalition, and New York Direct Action Network. The August 1st Coalition has media, fundraising, outreach, legal, and felony working groups, all of which are active, but need more people and resources. Elsewhere: There are groups of defendants in Ithaca and Washington, D.C. who have signed on to the principle of working together to achieve common goals. A letter of solidarity was signed by the DC group and consensed upon by over 100 defendants in Philadelphia and New York City.
What has happened at the hearings so far? One hundred and nine defendants were scheduled to appear on September 16. The hearing was held in front of a commissioner rather than a judge. The defendants were offered a chance to take ARD (see question III.7) or go to trial. The public defenders successfully argued for a two week return date, so that people could make a decision about their cases after the rest of the defendants had a chance to find out what they would be offered. The ARD offer would require one year of probation (during which you cannot be arrested and convicted) and $300 restitution, plus $135 in court costs, for a total fine of $435. On September 23, 70 defendants made a decision to go to trial, and 33 requested ARD. Of the 33 who requested ARD, several may decide to go to trial when they have their next status listing.
When and where are the upcoming hearings and meetings for defendants? The misdemeanor defendants were scheduled to appear on three consecutive Saturdays in Philadelphia: September 16, 23, and 30. The particular date for your status listing is printed on the paper that you should have been given and that you should have signed when you were released on bail (you may want to call a PD if you do not have such a paper, and ask what your legal options are). Defendants who appeared on the 16th have a return date of the 30th to decide whether they will finally accept ARD or go to trial. Defendants should go to Room 406 of the Criminal Justice Center, at 13th and Filbert. We should arrive by 8:30 AM. You may not have to appear at your status listing (see below). |
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