Legal Advice
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Legal Advice
Pig Psyche
While there are a handful pigs who seem nice at first, all of them have to answer to the system. Even if they might have been a good person outside an authority role, their job is singularly to get a confession or evidence to convict. Their paycheck depends on enforcing the laws of the Pig Empire, which means throwing punk kids like you in the pokey.
Many pigs are also the worst kind of hipocrites. They don't feel bad about jacking your weed, hauling your ass off to the county jail, and then going home and lighting up the dope they just confiscated. They talk high and mighty about the rule of law, but when their kid's in trouble, you can bet that shit's out the window before you can say "fuck".
You are playing a game with the pigs whether you realize it or not, and you damn well better play to win, because they will be. Many pigs will lie, cheat, and scare you to get the big win and scratch another "kill" mark onto their desk.
The Pig Game
If you were in on a direct action alone, shut your mouth. Don't lie or shift blame no matter how nice or cool the cop seems or how screwed you think you are. If there is no actual evidence you will walk free unless you give them something to work with. This includes lying, which can be used in other charges or to further an investigation.
If you have to work in a group, only work with people you have known for a very long time. If that's not an option, work only with people who have been vouched for by other genuine and canny activists. Either way, be careful. Even well known friends might turn if they get busted and are offered a deal.
When interrogated as a group, you will always be separated for questioning. During your questioning, it's likely that you will be told that your friend spilled. You will then be offered a deal. Their mentality is that it's entirely lawful for them to lie to you and pretend your friend has confessed regardless of if he actually has, so chances are he/she hasn't really spilled and isn't going to. This deal the cops offer is a scam. They probably were going to have to release both of you but your confession just guaranteed an easy conviction and jail time for both of you.
- Outcomes of the police (Pig Game Theory)
- You Silent + Others Silent = No One In Jail (Pigs Lose)
- You Narc/Confess + They Narc/Confess = Everyone In Jail (Pigs Win)
- You Silent + They Narc/Confess = You Possable Long Jail or Freedom, They Medium or Long Jail (Pigs Win)
911 is a Joke
If you find yourself in a situation in which common sense tells you to call in the cops for assistance or for your protection, think again. It is almost never a good idea to call the cops. They don't want to be bothered with your problems, and are more likely to make the situation worse for both parties in order to make you less likely to try to call them again in the future. As always they will always be snooping for probable cause to search and bust people living an alternative life.
Remain Silent
If stopped and questioned at a protest, rally, or the like, do not, under any circumstances admit to having ever done anything illegal. Despite the borderline legality, cops will often use the admission of a past crime as probable cause to search you, your car, your house, etc. They're on shaky legal ground when they do it, but if they find something, that ground becomes a lot less shaky. Also, if you're stopped seemingly randomly, and the officer starts asking a bunch of questions, you are under no obligation to answer. Chances are, if he's asking a ton of questions, he doesn't have probable cause, and is simply fishing for something that he can use.
Pig Lies
Cops will lie in order to make the situation worse. They will exaggerate claims of both parties, and invent statements from both parties. What they are hoping for is that one party will drop the charges. If that doesn't happen, the cops will simply not show up for the hearings. After a few hearings, the judge with simply throw out the case. Of course, if you miss a hearing, the cops will come to your house and arrest you. But cops are different. They are above the law. Don't ever forget that.
Remember what Bob Dylan said: "The cops don't need you and, man, they expect the same." Unless your life is literally at risk, do not call the cops.
Be Smart
Many busts are not the result of good police pigwork, rather it is the stupidity of activists that leads to the triumphant bust, or the bragging of someone who is not as wise as he is proud. Never make work easy for the pigs. Shoplifting, speeding, drug activity, and suspicious behavior after a job give the piggies an easy probable cause to search everything. If you or your comrades did something that could get any of you busted, keep it to yourself (You can always tell your grandkids about it after the Revolution). Once you are in the Can the piggies have plenty of time to run prints and photos from national databases, they will hang onto freaky looking kids for this reason.
Free Legal
If you're expecting hassles in court, it's best to get "pro bono" legal help. Some lawyers do volunteer legal work for their own benefit, while others are actually sympathetic. The best way to get free legal help is to go to your local library and ask at the service desk about local pro bono legal sources. They'll probably direct you to a Legal Aid group.
Real Law VS CorpGov Rule
There are a few self-styled "patriots" who will claim to have some sort of silver-bullet approach to the legal system, citing all sorts of stuff that you've probably never heard of (like the gold fringe on the flag or your name in all capital letters has some secret meaning, or that the Federal Income Tax isn't Constitutional). While they may be well-meaning, sincere, and probably even correct (at least in theory), much of what they preach doesn't hold up in court and could get you slapped with Contempt. Just because what it does isn't "legal" doesn't mean the system can't enforce its will. Stick to a lawyer with his or her name on a shingle, or skip bond and Get the Hell Out of Dodge.
Photography
Your Rights When You Are Stopped or Confronted for Photography http://www.krages.com/phoright.htm
Petty Crimes
The simplest way to avoid most contact with the corrupt legal system is to avoid petty crime. Most activist arrests and convictions leading to prison or jail are not for their activism or even direct actions, it is for shoplifting which society considers low and not matching with the high morals we claim to espouse.
Three Strikes
Look out for three-strikes laws which use two prior convictions like for fighting, even juvenile convictions, to lock a person up for 25 to life if they get busted again. These laws are criticized since it appears to give major incentive for a shoplifter to shoot the arresting cops since the sentence is sometimes the same, even the pigs are a little afraid of these stupid laws. If you have two prior convictions that could have been charged as felonies Get the Hell Out of Dodge, the man wants you to go down for life. Might as well take a nice swipe at the man before you go though.
Original Legal Advice
Any discussion about what to do while waiting fur the lawyer has to be qualified by pointing out that from the moment of arrest through the court appearances, cops tend to disregard a defendant's rights. Nonetheless, you should play it according to the book whenever possible as you might get your case bounced out on a technicality. When you get busted, rule number one is that you have the right to remain silent. We advise that you give only your name and address. There is a legal dispute about whether or not you are obligated under the law to do even that, but most lawyers feel you should. The address can be that of a friend if you're uptight about the pigs knowing where you live.
When the pigs grab you, chances are they are going to insult you, rough you up a little and maybe even try to plant some evidence on you. Try to keep your cool. Any struggle on your part, even lying on the street limp, can be considered resisting arrest. Even if you beat the original charge, you can be found guilty of resisting and receive a prison sentence. Often if the pigs beat you, they will say that you attacked them and generally charge you with assault.
If you are stopped in the street on suspicion (which means you're black or have long hair), the police have the right to pat you down to see if you are carrying a weapon. They cannot search you unless they place you under arrest. Technically, this can only be done in the police station where they have the right to examine your possessions. Thus, if you are in a potential arrest situation, you should refrain from carrying dope, sharp objects that can be classified as a weapon, and the names and phone numbers of people close to you, like your dealer, your local bomb factory, and your friends underground.
Forget about talking your way out of it or escaping once you're in the car or paddy wagon. In the police station, insist on being allowed to call your lawyer. Getting change might be a problem so you should always have a few dimes hidden. Since many cases are dismissed because of this, you'll generally be allowed to make some calls, but it might take a few hours. Call a close friend and tell him to get all the cash that can be quickly raised and head down to the court house. Usually the police will let you know where you'll be taken. If they don't, just tell your friend what precinct you're being held at, and he can call the central police headquarters and find out what court you'll be appearing in. Ask your friend to also call a lawyer which you also should do if you get another phone call. Hang up and dial a lawyer or defense committee that has been set up for demonstrations. The lawyer will either come to the station or meet you in court depending on the severity of the charge and the likelihood you'll be beaten in the station. When massive demonstrations are occurring where a number of busts are anticipated, it's best to have lawyers placed in police stations in the immediate vicinity.
The lawyer will want to know as many details as possible of the case so try and concentrate on remembering a number of things since the pigs aren't going to let you take notes. If you can, remember the name and badge number of the fink that busted you. Sometimes they'll switch arresting officers on you. Remember the time, location of the bust and any potential witnesses that the lawyer might be able to contact.
If you are unable to locate a lawyer, don't panic, the court will assign you one at the time of the arraignment. Legal Aid lawyers are free and can usually do as good a job as a private lawyer at an arraignment. Often they can do better, as the judge might set a lower bail if he sees you can't afford a private lawyer. The arraignment is probably the first place you'll find out what the charges are against you. There will also be a court date set and bail established. The amount of bail depends on a variety of factors ranging from previous convictions to the judge's hangover. It can be put up in collateral, i.e., a bank book, or often there is a cash alternative offered which amounts to about 10% of the total bail.
Your friend should be in the court with some cash (at least a hundred dollars is recommended). For very high bail, there are the bail bondsmen in the area of the courthouse who will cover the bail for a fee,generally not to exceed 5%. You will need some signatures of solid citizens to sign the bail papers and perhaps put up some collateral.
Once you get bailed out, you should contact a private lawyer, preferably one that has experience with your type of case. If you are low on bread, check out one of the community or movement legal groups in your area. It is not advisable to keep the legal aid lawyer beyond the arraignment if at all possible.
If you're in a car or in your home, the police do not have a right to search the premises without a search warrant or probable cause. Do not consent to any search without a warrant, especially if there are witnesses around who can hear you. Without your consent, the pigs must prove probable cause in the court. It's unbelievable the number of defendants that not only come naked, but pull their own pants down. Make the cops kick in the door or break open the trunk themselves. You are under no obligation to assist them in collecting evidence, and helping them weakens your case.
