Olive Branch Interfaith Peace Partnership

The Arrest Process and the Legal System

When we engage in nonviolent civil disobedience we willingly and voluntarily face the legal consequences of our actions. The information provided below is based on wide experience and is likely to apply to the March 7,2008 witness. However there is always a risk when we engage in nonviolent civil disobedience that we will face unforeseen legal and other consequences, including being held longer than we expected, or facing novel charges that we have not seen before. It is important for each person risking arrest to consider these possibilities carefully and to make the right decision for her or himself about whether or not to participate.

Sentences for convictions involving civil disobedience in the District of Columbia can involve community service, fines up to $1000, and/or jail time for periods of up to 6 months. Based on experience, however, it is unlikely the government will seek imprisonment for those convicted. A $50 to $100 fine and court costs is a much more likely outcome. There may also be a stay-away order for a few months from Capitol Hill.

Also, you should be aware that this arrest most likely will result in a permanent, adult misdemeanor conviction, one that cannot be wiped off (expunged) from your record.

At your own discretion:

Non-citizens considering risking arrest may wish to consult an experienced immigration attorney; there are indications that the Capitol Police would inform the United States Citizenship and Immigration Service (formerly INS, Immigration and Naturalization Service) of the arrest.,

Minors may be sent to juvenile facilities and it may be more difficult to get them released than adults. People under 18 might not be released except to their parents.

The Capitol Police may hospitalize persons with chronic illness while in custody.

Here are the steps of the arrest process:


STEP ONE:

Warning (“Leave or you will be arrested”)

What Happens: Three warnings will likely be given by a police officer. Although warnings may not be “legally” required, Capitol police often do give them.

Choice: Stay and be arrested or leave.

STEP TWO:

 Arrest

What Happens: Officer places you under arrest; you are handcuffed (plastic or metal handcuffs) and pat-searched.  Then you will be put on a police van or bus and transported to a police facility. In this case, since the Capitol Police do not have large holding facilities, it is likely to be the Washington, D.C. Central Cellblock.

Choice: Walk or go limp.  (While those engaging in civil disobedience sometimes “go limp” to demonstrate their noncooperation with the policy they are opposing, in this witness Oliver Branch Interfaith Peace Partners encourages those risking arrest to walk with the officer.)

STEP THREE:

 Booking

What Happens: Personal belongings are taken. Personal information is required to be processed (name; address; occupation; social security number).  To be released you will be asked for a valid picture ID. You are fingerprinted and photographed.

Choice: If you refuse to provide this information, you will likely be put in the D.C. Jail and held overnight until arraignment the following day.

When in Custody

While you are in custody, the holding time will quite likely be very long. There will be no access to lawyers while you are held. Very likely there will be no access to a phone little access to bathrooms and drinking water.

Medications

If you are taking medications that are vitally necessary (i.e. for HIV, high blood pressure medicine, etc.), it is very important that

1. You tell the processing officers that you need these medications to live;
2. You have the medications in their original containers (as it may be a crime to carry prescription medications outside of their original containers); and
3. You have a copy of the prescription from your doctor. In the unlikely scenario that you are booked into jail, most prescription medications are confiscated and placed into your "property" which is inaccessible to you while in jail, and (possibly) returned to you upon release. For a variety of reasons (security, lawsuits), the jail has a policy of using their own medications for prisoners. The exception to this policy is if the medications are rare and expensive, in which case they will use your prescription.

STEP FOUR:

Citation Release

What Happens:

You will likely be offered one of the following citation release options.  (That is, presuming that you have maintained nonviolent discipline during the action and do not destroy property, harm, attack, or even touch the police or bystanders, etc. This further presumes that you do not have outstanding warrants from some previous circumstance, or are on probation or parole, or are in violation of a stay away order, or have a pending criminal case.  f you do, you may be denied a citation release.)


In each of the following cases, you will be released on your personal recognizance as long as you have a valid form of photo ID. 

Below, we discuss the fact that the police will likely write you a citation to release you from custody. You are obliged by law to sign the citation, acknowledging only that you received it and promise to appear in court in the future. You are not waiving any rights or admitting guilt by signing the ticket. If you refuse to sign the citation or provide the police with your personal identification you could be booked into jail. 


“Post and Forfeit”

Charges are possible under either the D.C. Code or under federal laws. The probable charge will be demonstrating without a permit (they will revoke the permit which Olive Branch Interfaith Peace Partnership obtained) or it may be a statute which limits demonstrations at the Capitol.

Washington, D.C. sometimes offers the option of "post and forfeit," where you pay ("post") a set amount of money (usually $50 to $100) and “forfeit” the right to get the money back. It is not a guilty plea, and does not become part of your permanent criminal record, as it is not a criminal conviction. It is considered an administrative adjudication of your arrest and is akin to receiving and paying a traffic ticket. The post and forfeit option officially ends the legal process after arrest and those who choose it do not have to return for trial.

If you have posted and forfeited, then your legal obligations are fulfilled. 

Going to Trial 

You can also accept a citation release and, for a variety of religious, political, legal or personal reasons, exercise your right to go to trial. Going to court can involve a great deal of time, energy and some money. For those who desire to take their case to court, OBIPP is willing to assist you with exploring these steps. We cannot guarantee to provide you with an attorney through the entire court process, but we are available to help you consider the process and to explore possible steps.

STEP FIVE:

Release from Custody and Return to New York Avenue Presbyterian Church

The Olive Branch CD Committee will have a support team to track you through the process following arrest until you are released.  No matter what time you are released, we will pick you up and bring you back to New York Avenue Presbyterian Church.

Resources on Legal Process

For an overview of the arrest and legal process and possible consequences, see the following three online articles:

Handbook for Nonviolent Action

This handbook, edited and designed by Kate Donnelly, is organized as a tool for learning about different aspects of nonviolent civil disobedience actions. Presented by School of the Americas Watch: http://www.soaw.org/new/article.php?id=644.  

Legal Briefing in Handbook for Nonviolent Action, presented by SOA Watch: http://www.soaw.org/new/article.php?id=644#8

Sanderson Beck, Nonviolent Action Handbook: “Legal Process”:

http://san.beck.org/NAH4-Legal.html

Disclaimer: While this document has been prepared with the assistance of legal counsel, it is no substitute for obtaining legal counsel that can properly advise you of the risk of your actions. Legal counsel does not encourage individuals to violate the law; rather Legal counsel has provided this information so that individuals who seek to act politically can make informed choices.