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 Legal FAQ Please note: This is a now outdated list of Frequently Asked Questions (FAQ) written by R2K defendants along with answers supplied to the best knowledge of those who prepared this FAQ.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 V: Details of Criminal Cases
Will I win my case if I go to trial? No one knows. "Winning" in court is rarely a matter of guilt or innocence. Especially jury trials, which can hinge on a number of issues unrelated to either the fact of guilt or innocence or the reasons behind one's action. It is very important that you discuss the specifics of your case with R2K legal, your lawyer, and others you trust. This is especially important if you want to make an informed decision about whether to accept a plea bargain.
What does the state have to prove so that I am found guilty? In order to be found guilty of a crime, the state has to prove _every element_ of the crime beyond a reasonable doubt. A crime's elements are laid out in the penal code, and the most common crimes were described in the NLG handout that is available at the NLG web site, http://www.nlg.org/manuals/phily_intro.htm. Officially, you are not guilty of an element of a crime if you did not know that that element exists. For example, if you are accused of conspiracy to block a highway, but if you can prove that you did not know that others with you were conspiring to block a highway, then you are not guilty of that conspiracy. Again, remember however, that what legally is required to find one guilty and what often suffices are different things. If you and your lawyer believe that you were found guilty in error, there is always an appeal process--which is lengthy and time-consuming, but often required.
What are my defenses? You will be found not guilty if the state cannot prove beyond a reasonable doubt that you are guilty of the crime. There are many other defenses available to specific cases that you should discuss with your lawyer. Self-defense is a justification if you were protecting yourself or a third party from serious bodily injury. It is often used in civil disobedience and political cases, although it does not always win. Many alleged crimes are quite vague, and you may be able to argue a violation of Due Process and the First Amendment if those crimes are prosecuted. Character witnesses may also be used as evidence on your behalf. There is no limit to the number of character witnesses you can have, however, character witnesses may only be advisable if you have no prior record of convictions for crimes of falsehood (burglary, theft, forgery, perjury). The prosecution always has the right to raise these convictions as a response to the presentation of character evidence. In Pennsylvania, and depending upon the decision of the judge or the jury, it may be enough to prove you have no prior criminal record to create reasonable doubt. The District Attorney is required to give over copies of your records as part of the discovery process. All defenses should be discussed with a lawyer.
What if the state has wrong information about me (i.e. location, identity, etc.)? Successful defense against one crime does not keep the state from prosecuting you for another crime (once they have new information) if the alleged crimes were separate events. The prosecutor is allowed to amend the charges at any point in the pretrial proceedings, up until cross-examination. If you want to assert an alibi defense in your trial (i.e., that you were somewhere else with other people), you are generally required to let the DA know in advance that you plan on using this defense. They can also require you to give up the names of your alibi witnesses. Thus, if your alibi requires information that might endanger other people or that puts you at risk for being charged with an additional crime, it may not be a very useful, because the state will be able to fully investigate it ahead of time.
If I was arrested at the puppet space, how does my legal situation differ from other defendants'? The legal issues for puppet space arrestees revolve around how you can be guilty for something that you obviously had not (yet) done. This involves questions of conspiracy and state of mind that need to be discussed with a lawyer. You should read the released affidavit to the search warrant issue for the puppet space, available at www.phillyimc.org. |
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