 |
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
 Legal FAQ Please note: This is a now outdated list of Frequently Asked Questions (FAQ) written by R2K defendants along with answers supplied to the best knowledge of those who prepared this FAQ.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 IV: Long-term Legal Defense Situation
What is court solidarity? Court solidarity is a strategy and ideology of defendants working together and making consensus decisions. Like jail solidarity, it has been effective in ensuring that those who are traditionally singled out (long-time activists, people of color, queers, anarchists, etc.) are treated equally. It may mean committing, as a group, not to take individual plea deals that don't address the question of equal treatment. It may mean going to trial, which is a long-term investment of time, energy, and resources. It may mean that people charged with misdemeanors accept a deal that will allow them to focus resources on the felony cases. Because it involves a long-term commitment (working, in some way, until all charges are cleared for everyone), it is often seen as upping the ante from jail solidarity--staying strong and unified in the long run.
What will happen if I go to trial? Between the status hearing and the trial, there will be a few status hearings where motions are argued and evidence is exchanged. Then there will be a trial. During this whole period, if you are out on bail or bond, you will not be returned to jail unless you are accused of new crimes or evidence arises that you may flee. A person accused solely of misdemeanors is entitled to a trial in front of a judge. If the judge finds the defendant guilty, the defendant may move for a jury trial, and the trial begins anew. Thus there is a chance of two trials to find the defendant not guilty. A person accused of felonies does not get two trials; she gets one jury trial. At the trial the prosecution will present its proof that you committed a crime, and you will be given a chance to present your own proof and any defenses.
Who will defend me? There are some R2K lawyers who have committed to taking on defendants' cases. There are also some public defenders who are taking on the rest of these cases. If you are entitled to a public defender, the public defender will defend you. R2K Legal is working to find--by trial date--private lawyers for all who are interested, however this cannot be guaranteed. Also, there are limits to whom the public defender may represent; you do not have a right to a public defender if you can afford your own lawyer. The PDs do not intend to raise this issue, but the District Attorney may make a stink later on, and people who are financially well-off should be prepared to get their own lawyer. It is not known right now what the income cutoff is for entitlement to a public defender. It is probably near the cutoff for government assistance.
Where can I find evidence, like videotapes and pictures, to support my case? Evidence requires heavy confidentiality. If you would like to discuss this with someone from R2K legal, you need to get your phone number to R2K Legal. The way we recommend you do this is to give an envelope to the front desk at R2K Legal that says only "I need evidence [phone number]."
What should I do if I have videotapes or photographs of incidents in Philly? People with evidence should follow the protocol in the prior question: give an envelope to the front desk at R2K Legal that says only "I _have_ evidence [phone number]."
What should I do about finding witnesses for my case? You can always ask around and get in touch with any witnesses that you recognize at the time of your arrest or post a request to the R2K listserv. Names of witnesses should be given to your lawyer. Wait until you have talked to your lawyer before you get a statement from witnesses, since statements can be subpoenaed by the prosecution. On character witnesses, see V. 3.
What should I say to the media about my case? There is no set rule on how to approach the media. However anything you say to the media can be used against you in a court of law and may effect any later civil suits. It may be very useful, however, to talk about the issues involved and why you protested in Philadelphia in the first place. Talk to R2K legal or your lawyer about specific incidents or questions.
What is the extent of the attorney/client privilege? The attorney/client privilege protects communications between a lawyer and a client that occur privately. The privilege does not protect items given to your lawyer, and it does not protect conversations with your lawyer that happen in the presence of outside parties, unless those parties are there to facilitate the communication between the attorney and the client. If a communication is protected by the privilege, then it cannot be subpoenaed, and it cannot be used as evidence.
What is the time limit for the commencement of the trial (right to speedy trial)? Defendants with misdemeanor charges only have a right to a trial within 120 days of the arraignment. Defendants facing felonies have a right to a trial within 365 days from the entering of the complaint (which happened at the arraignment). These time limits are extended if there is a delay due to the defendant or her lawyer. A judge also has discretion to allow the prosecution a delay if she has a good reason. It is possible that many misdemeanor cases will be dismissed if the prosecutor takes longer than 120 days to start trials. In order for this to happen, we have to work very hard to avoid causing our own delays that give them more time. Therefore we have to remain in frequent contact with our lawyers.
If I lose at my bench trial, will I have to be in jail during the jury trial? This question is relevant to misdemeanor cases that have two trials. People may remain out on bail during the extent of their trials. The state may attempt to defy convention and request that we be put back in jail at some point, but a judge is likely to deny such an unusual request.
How can my case effect the political issues of the racist criminal injustice system, the prison system, and the death penalty? Cases can be used to alert the media to the political concerns of the defendants--especially if 280 cases are going ahead with a similar strategy and purpose. Also, the actions of the prosecution and the defendants will be closely watched and may have an effect on other political trials. The courts and the criminal injustice system have often been used to silence activists, deplete our energies, and change our focus. They are not, however, all-powerful and we have political choices that we can make about how we are represented and how we interact with the court. We are in the process of compiling a reading list of how historically political trials have been fought in this country. |
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Fair Use Notice of copyrighted material contained in this website.