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In case of arrest in D.C. - can someone post a legal primer for marchers?

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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-22-05 11:54 AM
Original message
In case of arrest in D.C. - can someone post a legal primer for marchers?
And again, printable map of the Metro subway system in D.C. is here:
http://www.wmata.com/metrorail/systemmap.cfm
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Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-22-05 12:02 PM
Response to Original message
1. Your Rights if you are Arrested
What are my rights if arrested?

1. You have the right to be told why you are being arrested and the nature of the charges against you (the crime for which you are being arrested). If you are arrested on a warrant, you have the right to see the warrant within a reasonable time after your arrest, to read it and make certain your name appears on it, and to see the charge against you.

2. You have the right to be told your constitutional rights (commonly called Miranda rights) before you are questioned . not before you are arrested. These constitutional .Miranda. rights are:


The right to remain silent and not answer any questions at all;

The right to know that if you waive (give up) your right to remain silent and do answer questions, the police can use your answers against you in a court to get you convicted;

Even if you begin to answer questions, you have the right to stop answering questions at any time and to speak with an attorney;

You have the right to speak privately with an attorney before you answer any questions or sign anything;

If you cannot afford an attorney and if the crime for which you have been arrested has jail time as a possible penalty, you have a right to have an attorney appointed for you (perhaps a public defender) to represent you at no cost to you before being questioned, and to have that attorney present with you during any questioning to which you may later agree to submit.

3. You also have the following rights:


The right to contact, by telephone or otherwise, a responsible person, to tell them you have been arrested and what the charges are. You are not limited to one telephone call if more are needed to contact such a person.

The right to refuse any physical or chemical test (such as a polygraph .lie detector,. breathalyzer, intoxilizer, field sobriety tests or physical performance tests such as walking a straight line or making other movements, the look-at-the-pen test, or mental ability tests like reciting the alphabet or doing math), until you can talk to your lawyer.

The right to have your attorney present at any line-up or other identification procedure in which you are viewed by possible eyewitnesses to a crime.

The right to reasonable bail or bond to secure your release from jail unless you are charged with a capital crime. Usually a judge sets the bail or conditions of your release. If you are charged with a misdemeanor, and if no judge is available, the police may, at police headquarters, accept bail in accordance with rules established by the judge.

The right to be brought before a court as soon as is reasonably practicable after your arrest, so that you can request a preliminary hearing to test the basis of your arrest and/or trial to determine your guilt or innocence.

<snip>

http://library.findlaw.com/1999/May/25/127362.html
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-22-05 12:06 PM
Response to Reply #1
3. Great, thanks! Anyone have practical tips, etc.?
Who to call, etc.
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Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-22-05 12:04 PM
Response to Original message
2. Common Errors to be Avoided during Arrests and Custody
Do not argue with the police. You cannot talk your way out of being investigated, arrested or prosecuted. Do not try. Any explanation you give the police may give them more information than they already have, so it.s often wise to save your explanation and defenses for court.

If you have been arrested, the police believe you committed a crime. Their job is to investigate and gather evidence. Telling the police your side without a lawyer present is usually a bad idea, even if you believe you have done nothing wrong. Only your attorney and the judge have the power to make things easier for you.

Pay attention to what happens when you first encounter the police and afterwards. Try to memorize who was there to see and hear what happened. Sometimes the court needs to look into what happened to you while you were in custody. It will help you if you can later fully inform your counsel about these events, so be observant.

Do not tell your family and friends all about it or ask non-lawyers for legal advice. It is possible they may be ordered to appear at trial to repeat what you said.

Tell your attorney the whole truth. Your lawyer will advise and defend you no matter what you did or did not do.

<snip>

http://library.findlaw.com/1999/May/25/127362.html
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-22-05 12:09 PM
Response to Reply #2
4. Excellent. As they used to say on "Homicide: Life on the Street"...
Why talk to investigators? Keep your mouth shut.
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NMMNG Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-22-05 06:16 PM
Response to Original message
5. Good advice
I jokingly told my family "you may see me getting arrested on tv this upcoming weekend". I anticipate (and hope) it will remain a joke.
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