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MAD Arrestee FAQ
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FREQUENTLY ASKED QUESTIONS, ANSWERS AND BASIC INFORMATION YOU NEED TO KNOW ABOUT YOUR ARREST AT THE FTAA PROTESTS.
This is not intended to be legal advice. For specific legal advice, you need to consult an attorney.
In general:
Be aware that statements made on the internet, videos and photos
shared or posted are in the public domain and are not private or
privileged. It is a good idea to have a legal person look at this
material 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,
it may come back to haunt you. You should also assume that the
government will monitor any email communications, including those with
MAD, even if the government’s action may be illegal. Act accordingly to
protect yourself and others.
People arrested were assigned a public defender. Your public
defender for your trial (if you plead not guilty for any charges) may
not be the same one that you had at your bond/bail hearing. You should
contact the public defender’s office about who the attorney is for your
case.
If you use a private attorney, please keep in contact with
Miami Activist Defense. We want to approach these cases collectively as a
movement in solidarity with one another. In the past, some private attorneys
have not been familiar with this approach and have urged positions to
protect their client’s interests that unnecessarily created tensions
among the defendants.
We encourage people to organize collectively and work in
solidarity to make sure no one is singled out for harsh treatment by the
authorities.
For people with injuries (e.g., shot with rubber bullets, mace, tear gas, other projectiles, or beaten by police, etc.):
Go to a local 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,
too, to document your injuries over time. For example, if you were shot
with “rubber bullets,” take photos of all of the stages of bruising so
you can document how long the injuries were visible.
If you have documentation of your injuries or can get it from
the medics or others that documented your injuries, please send it to
MAD c/o National Lawyers Guild, 1229 N.W. 12th Avenue, Gainesville, FL,
32601. Please include your name, address, phone number, case or jail
number, email and a brief summary of what the evidence is (date, time,
location and what happened to cause the injury). Keep copies of this
evidence for yourself (things can get lost in the mail). If you have
digital photos relating to your injury, please email them to:
legal [at] stopftaa.org
If you are considering filing a civil suit, you will need to
file a notice of claim form with the city to protect your right to seek
damages under state law. The claim needs to be filed within a certain
time of your injury. We will be posting more information about the
specifics of the time period of when to do this, how to do this and what
it needs to say. Check the website over the next week for more details.
If you do file a notice, please send a copy of it to MAD.
What if you need to report police misconduct involving yourself or an incident that you witnessed?
Police misconduct forms can be downloaded here. Fill
them out and return to MAD by fax at (352) 271-**** or by email (see the
website for directions).
What do I do next?
Find out when your next court date is and who your public defender is.
You can do this online at www.miami-dadeclerk.com (click onto “view
criminal and civil infraction cases”) or call the public defender’s
office at (305)545-1600 or (305) 545-3348. Talk to your lawyer, from our
experience they are very helpful and informed. Remember: they work for
you.
Gather evidence such as videos, photographs, etc.
Collect names and addresses and statements of witnesses who can testify
about the circumstances of your arrest. Get this information to MAD and
to your public defender.
Document everything you remember ASAP. Make sure your
public defender and MAD have all information related to your case. If
you prepare documentation of the circumstances of your arrest and/or
injury for your lawyers, do not give it to anyone but your lawyers
(criminal or MAD) or you may destroy privileges that protect the
document.
Do I have to be in court for my arraignment or trial?
It
is possible for you to ask your attorney to waive your need to be
physically present at your trial. (There will also be a conference about
the status of your case before your trial, called a “sounding.” You can
also ask to waive your personal appearance at the sounding.) If you do
not want to appear at the sounding or trial, you must talk to your
attorney. If you do not do this, it is possible that a warrant could be
issued for your arrest. Contact your attorney for more details.
Before
you decide to not appear…there are some advantages to you being present
for your trial. You may have a better chance of winning your case if
you are present. The jury may feel that, if you don’t take the time to
be there, you don’t care enough about your case. You also want to be
present because you will also be able to hear and confront the police
(through your lawyer) and assist your attorney by pointing out anything
being misrepresented or left out about your case and arrest. Your case,
along with the others who were arrested, has the potential to impact
whether the government will continue to try to prosecute activists for
merely expressing their political views. You also need to appear in
order to get back the money you posted for bond or bail.
Where’s the court that I’ll need to appear at for my arraignment or trial?
All hearings are held at the Metro Justice Building, 1351 NW 12th St. Miami, Florida, 33125.
Know your rights!
In Florida, if you are facing time in jail, you have a right to
an attorney or to represent yourself (also known as appearing “pro
se”).
You have a right to a speedy trial. If you want to fight the
charges against you as quickly as possible, you must ask your public
defender or private attorney to file a demand for a speedy trial. In
Florida, this means from the time you are arrested the state has 60 days
to start your trial. You may be asked to waive your right to a speedy
trial. You should think seriously about that. In general, waiving the
right to speedy trial does not work in your best interests.
You are innocent until proven guilty. The state has the burden
to prove that you did whatever they are charging you with. If they don’t
have sufficient evidence, the charges will be dismissed.
You have a right to know what evidence is going to be used
against you. Have your lawyer file a request for discovery for any
information that the police have related to your case.
You have a right to be informed and understand everything that
is happening with your case. Your public defender is working for you. If
your public defender is not communicating, disclosing information, or
is simply not doing a good job, you have a right to fire them through a
motion. Please contact MAD for information or help regarding this or any
other part of the process. The public defenders have done a good job up
to now and have told MAD they are committed to fighting these cases
until the end.
What if I lost my stuff because of the police throwing it away or not returning it to me after I was released from jail?
MAD
will be posting a form that can be filled out online to tell us the
specifics about what you lost and how it was lost. If you didn’t get a
property receipt when you were arrested and booked into jail, most
likely you won’t be seeing your things again. Even if that’s the case,
MAD still wants to know about what you lost. This information is
important to make sure that the police can be held accountable for what
they took and failed to return to you or threw into the street and left
there when you were arrested.
How do I decide whether to plead guilty or not guilty?
Activists
who were charged with misdemeanors may have already entered a plea at
their bond/bail hearing. People charged with felonies will enter a plea
at their arraignment. In general, it is best to wait to decide what to
plead until your attorney is able to find out more about the case
against you. Be aware that a guilty or no contest plea may affect your
ability to participate in various civil lawsuits, in particular,
lawsuits about wrongful arrest. MAD recommends that you to talk with
your lawyer and other people arrested before you decide how to plea. It
is a decision that only you can make based on your circumstances. If
there is anything you do not understand about a plea, you should stop
the process (even if you are in court) and ask to talk to your lawyer.
Pleading
guilty or no contest is serious business. Make sure you understand what
you are doing and the consequences. If you plead guilty or no contest,
depending on the charges, you may have to pay a fine or court costs,
serve time (which could be credited for the time you’ve already served
in jail), be put on probation or be barred from certain areas of Miami. A
guilty plea closes your case (the judges refer to this as “closing
out”) and the charges would appear on your record. (It may be possible
to expunge your record of the charges if you plead guilty and the state
“withheld adjudication.” Ask your public defender about this.)
If
this is your first offense, you may be eligible for the “pre-trial
diversion program” which is an alternative to formal prosecution where
you are required to take classes, perform community service, pay
restitution, or meet other conditions. There are very strict
requirements for this program and you will be required to waive your
right to speedy trial. If you are interested in that option, speak with
your public defender.
What if I am a non-citizen and have outstanding charges against me?
Non-citizens
may be subject to deportation proceedings as a result of entering a
plea or being found guilty. YOU MUST CONSULT WITH AN IMMIGRATION
ATTORNEY AND YOUR PUBLIC DEFENDER RIGHT AWAY.
How can I support the legal team’s efforts to help with people’s criminal defense cases and any civil lawsuits?
DONATE!
MAD needs money to pay for the work we’ve already done and the large
amount of work we have ahead of us to assist with people’s criminal
defenses and in civil lawsuits. You can make a donation by mail to: MAD,
c/o National Lawyers Guild, P.O. Box 2603, Gainesville, FL, 32602 or by
direct deposit into MAD’s paypal account (directions are on the
website). Make checks and money orders payable to: NLG Gainesville and
put “FTAA Legal Defense” in the memo line.
TAKE ACTION! MAD is
working with a coalition of groups on a national campaign to restore
civil liberties. Check the stopftaa.org website for more details about
who to call and write to express your outrage about what happened to
activists in Miami.
If you have questions, call MAD (352) 375-**** or email us at: legal [at] stopftaa.org or discuss it with your lawyer.
Other Resources:
For more information about specific charges: www.flsenate.gov or www.findlaw.com
For court dates, public defender’s names and other info about your case: www.miami-dadeclerk.com |
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