FAQ for Arrested Activists

FAQ for Arrested Activists

This document provides information for activists and organizers who are arrested while participating in demonstrations or direct actions and charged with crimes or ordinance violations. The primary focus of this document is on what happens after someone is charged or violated.

This document was created by the National Lawyers Guild of Chicago’s Mass Defense Committee (Chicago MDC), a volunteer-driven network of legal workers, law students, and lawyers committed to providing effective legal support for progressive protest movements and demonstrators.

The information below is based primarily on laws and prosecution practices in the City of Chicago. Resources mentioned may also be limited to Chicago and/or Illinois. The information in this form is intended to be educational in nature and does not constitute legal advice.

1. I need help from an NLG attorney. How do I get it?

The Chicago MDC provides legal support for progressive movements, including by making referrals to lawyers who are Guild members and who are willing to provide free or discounted political criminal defense representation for activists charged with crimes as a result of their activism.

If you are facing criminal charges in connection with political activity, including participating in demonstrations or direct actions, you may contact the NLG Criminal Defense Coordinator by phone (773-309-1198) or email (nlg.chi.crimdefense@gmail.com) and provide your name, phone number, charge(s), and the date, time and location of your next court appearance.

Messages left through this number are checked regularly and are confidential and privileged. Nevertheless, sensitive information or the facts of the case  should not be left on this voicemail.

The Chicago MDC strives to connect all individuals arrested at protests in Chicago with criminal defense representation; however, we cannot guarantee anyone that we will find them representation. For more information about getting a lawyer, please see our other publication, “The Right to Choose Your Own Lawyer: A Guide for Activists.”

Please note that the above phone number is not staffed 24/7 and is not a reliable number to call if you or someone you know is being held in a police department lock-up and needs emergency representation at lockup. In that situation in the City of Chicago, please call First Defense Legal Aid’s Police Custody Hotline at 1-800-LAWREP4.

2. How do I know what I’m charged with and the possible legal consequences?

If you have been released from lock up or jail, your charge will appear on your bond slip, which is the paper that you were handed when you were released. Your charge is often listed only as a string of numbers and letters. Those numbers and letters reference the Chicago city code or Illinois statute you are charged with violating. You can search that number online to find the relevant statute and section you are charged with as well as the statute listing the penalties associated with that type of crime. The Illinois General Assembly website is a good place to view these statutes. Don’t worry, if you can’t figure out the charges, when you speak to an attorney, he or she can quickly tell you what are the charges. But before you start searching online, please keep reading!

People often Google their charges right away and get very upset or anxious when seeing the possible penalties they are facing. Remember that it is very important to speak to a lawyer to determine what outcomes are most likely in your specific case. Just because you are charged with a crime does not mean you will be convicted. There are many possible outcomes, including the dismissal of all charges. Charges can also be amended to less serious charges, or you may be found not guilty at trial. Even if you are convicted of a crime, the penalties will be determined by your criminal background, the specific judge and their sentencing patterns, and many other factors. Although every case is different, people found guilty of misdemeanor charges for arrests at political actions are rarely sentenced to any time in jail unless they have a substantial criminal background. For all of these reasons, reading about the maximum possible penalty for what you have been charged with can be misleading.

With that said, here is a brief summary of possible penalties in Illinois: City ordinance violations are usually punishable only with a range of fines and even though jail time is included in the possible penalties, it is rarely implemented. Class C misdemeanors, such as disorderly conduct, are punishable by up to 30 days in jail and a $1,500 fine. For Class B misdemeanors, such as criminal trespass to land or picketing a residence, the maximum penalty is up to 180 days in jail and up to a $1,500 fine. Class A misdemeanors, such as resisting arrest, are punishable by up to a year imprisonment and a $2,500 fine. Felony charges, such as aggravated battery to a police officer, come with potential prison time of one year or more but also carry the possibility of probation-only sentences. Again, speaking with a lawyer is the only way to understand what penalties you are realistically facing.

3. How do I find out my first or next court date, time, and location?

Information about your first court date is located on the bond slip that you should have been given when you were released from police custody. Often, the court location will appear as a Branch number, which relates to a specific court house location within Cook County. You can find the specific court house’s address by searching “Branch ___ Circuit Court of Cook County” online or by finding the Branch in this listing of all Cook County courthouses: http://www.cookcountycourt.org/ABOUTTHECOURT/CourtLocations.aspx.

If you were not given any paperwork indicating this information or it us unreadable, contact your lawyer or the NLG Criminal Defense Coordinator as soon as possible (contact information is above). You can also go to the clerk’s office at any Cook County court house location and find this information by searching your name in the public access terminals.

Each time you appear at court, you will be given a next court date and time. Make sure that you understand when you are supposed to appear and be sure to write down your next court date, time, and location (including the courtroom number) before leaving the courthouse.

4. What happens if I get re-arrested on bond?

If you are arrested on a new case while your first case is pending, the judge has the discretion to revoke your bond and take you into custody or set a new bond. Make sure you immediately notify your lawyer of any new arrests to give them the time they need to prepare arguments to best protect you. Lawyers generally advise their clients to avoid new arrests while on bond as this could not only result in your bond being revoked but can also negatively affect the legal outcomes in your pending case, including decreasing the likelihood that you might get a plea offer for something that would avoid a conviction on your record. However, generally, if your first arrest is a misdemeanor, the Court will not change your status or revoke your bond on the first arrest until the outcome of the second arrest is determined.

5. What do I do if I need to leave the state?

If you need to leave the state while your case is pending, you must ask the court for permission and get a written order allowing you to travel. Ideally, you can seek permission to travel at your next scheduled court date. However, if you need to travel before an upcoming court date (including before your first court date), you can ask your lawyer to advance the case (meaning that they will request an earlier court date) so that you can ask the court for permission to travel before your planned travel dates.

Always let your lawyer know as soon as possible if you have upcoming travel planned. Provide your attorney with your specific dates of travel, the reason you are leaving the state, how you are traveling, and where you are staying. And, if you have proof of the travel, such as an airline ticket, get that to your attorney.  Your attorney may prepare a motion or simply ask the court to modify the conditions of your bond to allow you to leave the jurisdiction of the court on the specific dates of travel.

6. What should I do to prepare for my first court date?

Before Court:

If your goals in your legal case are to avoid convictions and penalties and/or to be taken seriously by the judge generally or with regard to your political motivations, you should try to make a good impression by dressing conservatively for court. How you dress in court can advance these goals, even though many people feel like it should not matter. For example, you may decide to wear a button down or collared shirt and pants (not jeans or sweatpants) or a skirt. If you don’t have these kind of clothes, get them at a thrift store or borrow them from a friend. If you wear a uniform to work and have to go to work after court, wear your uniform.

Arriving to Court:

Plan to arrive to court at least 15-30 minutes before your scheduled court time to avoid delays caused by traffic, parking, security, and other factors. Your lawyer may also want you to arrive early to discuss your case privately before you step up in front of the judge. If you do not show up to your court date, a warrant could be issued for your arrest.

If you are attending court at 26th and California, you will not be allowed to bring your cell phone into the building. Plan to leave it in your car or you can “check” your phone in the lobby of the courthouse before going through security. Other courthouses may allow you to have your phone but not to use it in certain areas. More information about cell phone rules is available on the Cook County Court website. If you are able to bring your phone into the courthouse, make sure your phone is turned off or switched to silent before you enter the courtroom.

In the Courtroom:

When you are called before the judge, you will only be in front of him or her for a very short time. Your lawyer and the state’s attorney will also be “at the bench,” meaning in front of the judge. The judge may ask your name and you should answer. Do not say anything to the judge about your case and always allow your lawyer to address the court. Most of the time, you will not say anything at all while in front of the judge; your lawyer will speak on your behalf.

If you are charged with a misdemeanor, your case might be dismissed on the first date. Or you may be given an offer to resolve your case short of trial by the prosecutor. In most cases, when you are given an offer which is called  a plea deal, you can ask for a date to think about it or accept on the spot. Your lawyer will help you understand the details and implications of any plea offer that is being made.  And your case can be “passed” or continued until later in the call that day so that you can think about and discuss the offer with your attorney.

If you have decided to fight the case or if you have not yet received an offer from the prosecutor, you can continue the case for additional court dates and, during this time, your lawyer will work to obtain all the necessary discovery (evidence) and file any motions on your behalf.

7. I was offered a plea deal. What should I do?

If you are offered a plea deal by the prosecutors on your first court date or a subsequent court date, you should talk with your lawyer about the pros and cons of taking that offer. Whether or not to take the offer or go to trial is your decision, and what you decide to do will depend on your own personal goals for the case and your specific situation. Your lawyer can help you understand the details of the offer, including whether or not the plea deal will result in a conviction on your record and whether you might face additional immigration-related consequences if you are a non-citizen. Make sure that you fully understand these issues and do not hesitate to ask your lawyer questions to make sure you understand.  Although your attorney will try and negotiate for a favorable plea offer (if you want that), the prosecutor will ultimately decide what you will be offered. Not all options are available in all cases. Plea offers may include the following:

1. Misdemeanor Deferred Prosecution (community service): deferred prosecution means that the prosecutor may be willing to drop the charges after you comply with certain requirements. In many instances, the requirements include that you complete community service, which can often be done at a nonprofit of your choosing. Volunteer work you are already engaged in can often count, as long as you are not getting paid. At a future court date, you may be expected to bring in a signed letter from a supervisor at the nonprofit indicating that you completed the required hours, at which point the prosecution will drop the charge(s) against you and the case will show up on your record as a dismissal (a non-conviction) rather than a conviction. In order to accept a deferred prosecution offer you are not pleading guilty or acknowledging that you did anything wrong, your lawyer instead simply informs the court that you will be accepting the offer.
2. Supervision: To accept a supervision plea offer you must agree to comply with certain terms set by the court for a period of time, including avoiding arrest. The period of supervision can be negotiated but it can be as short as one day or last a year. In most instances, you will not be required to report to a probation officer or have interim court dates while you are on supervision. Primarily, you will be required to avoid arrest. If you are arrested during the period of supervision, the terms of your supervision will be violated and you may receive a conviction in the case. If you complete your supervision without violating, however, the case will show up as a termination (a non-conviction) rather than a conviction. Supervision is available for a majority of misdemeanor charges and these plea deals can generally be expunged from your record two years after successful completion of the supervision term.
3. Probation: If you are offered probation, you will plead guilty to one or more charges. Under the terms of probation, you could be required to check in regularly with a probation officer, pay a fine, be subjected to drug testing, and/or comply with other requirements. You will also not be allowed to leave the state without permission from the court for the entire term of your probation. Accepting a plea deal to receive probation will usually result in a conviction on your record unless it is through a deferred program or speciality court (your lawyer will tell you if your probation falls into one of these special categories). For this reason, you should understand which charge or charges you are pleading guilty to.
4. Conditional discharge: Conditional discharge means that you plead guilty to one or more charges but you do not have to comply with reporting requirements like you would if you received probation. In other words, this is essentially non-reporting probation. Conditional discharge will result in a conviction on your record. For this reason, you should understand which charge or charges you are pleading guilty to.
5. Time served: If you served any time in custody (including just one overnight at the police station when you were first arrested), the prosecutor may offer you “time served” This means that you are pleading guilty to one or more changes but your sentence has already been completed. “Time served” will result in a conviction on your record. For this reason, you should understand which charge or charges you are pleading guilty to and the ramifications of that plea..

The information above is general information. You should always discuss any plea offer with your lawyer. Before taking a plea, be sure you understand how the case will appear on your criminal record, as this might affect your employment options. Also, the terms of your plea deal may have immigration consequences. Make sure you fully understand all of the implications and consequences that are relevant to you before accepting a plea deal.

8. How long will this case last?

How long the case may last depends on many factors including whether the case is a misdemeanor or felony and whether or not you have a trial. Every case is different, but in general, misdemeanor cases can take several months to be resolved. Sometimes, lower-level misdemeanors can be resolved in one or two court dates. If you are charged with a felony, the case is likely to go on for at least several months or even a year or years, especially if you are planning to fight the case.

Other factors that can impact how long the case takes include the amount and type of evidence the prosecution will be gathering for their case, any investigation time your attorney needs to prepare your defense, the number or complexity of pretrial motions your lawyer or the prosecution brings, and the court’s schedule. During this time, you will usually have to be in court every 4-8 weeks for status dates. At these status dates, your attorney will request and obtain discovery (any evidence the state plans to use against you or that may be helpful for your defense), argue any pretrial motions, and work out any scheduling issues. You will, unfortunately, be on bond this entire time until the case is resolved, meaning that you must comply with your conditions of bond (see above for more details).

9. I want to sue the police. Can I?

If you are interested in suing the police for arresting you, talk to your lawyer about any issues related to your arrest, including how you were treated by the police and during lockup, and tell them that you want to sue the police. Your lawyer will assess your likelihood of prevailing in a lawsuit or they may refer you to another civil rights attorney who can. There are time limitations on when you can sue the police, so you should speak with your lawyer about this early on in your case. Keep in mind, however, that in many cases your lawyer may tell you to wait until you win your criminal case before you file a civil suit. In the meantime, it is extremely important to photograph any injuries caused by the police during your arrest and to save any paperwork, hospital bills, etc., related to your arrest.

Unfortunately, most arrests, no matter how unjust, will likely not be worth the time, effort, and money involved in suing the police. In these cases, keep in mind that lawsuits are not the only vehicles for justice. There are many ways to organize for justice and Chicago has many amazing organizations and movements committed to ending false arrests and police brutality.

10. What should I say about my case while it’s pending?

You should not speak about the specifics of your case with anyone who is not your attorney. The conversations you have with your attorney, one-on-one, are confidential. It’s very important that you do not comment on the specifics of your case on Facebook or social media and that you avoid inflammatory posts (FTP, etc.). Make sure your social media settings are as private as possible. Do not speak to the press about your arrest without talking to your attorney first.

11. How do I get my record sealed or expunged?

Any adult arrest, regardless of the result, is publicly accessible and can affect your ability to pursue employment and educational goals, obtain public benefits, or even sign a lease. This is the case even when the charge was dismissed.

Depending on the types of charges you were arrested on or convicted of and the time that has passed since your most recent case was resolved, you may have the option to expunge or seal your criminal background, which limits who can access the records. Sealing and expungement are not automatic processes. You must take steps if you want to seal and expunge your records after your case is over.

Most convictions are eligible for sealing. Having charges “sealed” means that the general public cannot view the record without a court order.  Police agencies and the courts, however, still maintain copies of the records. Furthermore, employers who are legally required to run a fingerprint-based background check (such as public schools) have access to sealed records if the conviction was a felony.

Non-convictions are eligible for expungement. Having certain charges “expunged” means that they are deleted from the public record entirely and cannot be viewed by any member of the public for any reason.

Cabrini Green Legal Aid  (CGLA) assists people in the process of sealing or expunging their criminal records. CGLA staffs a help desk at the Daley Center downtown (50 W. Washington,Room 1006, Monday-Thursday 9am-12pm) and at the Markham Courthouse (16501 S. Kedzie Parkway, Room 102J, Wednesdays 10am-2pm).

If you were arrested by Chicago police, you must first obtain your RAP sheet before CGLA can assist you. You can obtain your RAP sheet at CPD’s Access and Review Division at 3510 S. Michigan Ave from 8:30am to 12pm, Monday-Friday, for a fee of $16.  There, the CPD will take your fingerprints and you will need to return in a week to get the RAP sheet, also called your criminal history.

12. What do I do if I have a warrant out for my arrest?

If you miss court, the judge will likely issue a warrant for your arrest, meaning you can be arrested and taken into custody if you are stopped by the police for any reason. Immediately contact your attorney if you think you may have a warrant out for your arrest. Your attorney can (1) try to deal with the warrant by having it vacated and (2) see if you have a next court date assigned. It is important to address warrants as quickly as possible because typically the longer there is a warrant out, the harder it is to argue against the judge revoking your bond and re-incarcerating you for the duration of your pending case.

Some final words!

Having criminal charges brought against you can be scary and the legal process is confusing and unjust. Remember that you are part of a community, and although you cannot talk about the specifics of what happened in your case, you can and should reach out to friends, comrades, and loved ones for support during this time. If you’ve never been arrested before (or if you have!) you may find it especially helpful to seek out and connect with other organizers or activists who have been through the process before and know what it’s like. No matter what, remember that you are not alone. There is a whole movement of people who stand by you.