The Chicago Guild is hiring a part-time Director of Operations.  We are looking for an organized and dedicated advocate, who can support the Guild’s critical work providing legal support to Chicago’s social justice movements.  

The person who fills this position will be tasked with building the  Chicago Guild’s capacity and organizational infrastructure , facilitating our continued growth, and managing day to day operations in collaboration with the NLG Chicago Board.

Our ideal candidate would bring experience and enthusiasm for providing administrative and logistical support to projects and organizations, along with a deep knowledge of movement work in the Metro Chicago area, and current issues regarding state repression of Chicago’s contemporary social movements. 

This position requires someone who is a self-starter and self-directed; the Director of Operations will report directly to the Board of Directors.This position will be scheduled for 10 hours a week at $20.00/hour, with a $4.25 hourly health and wellness benefit, and will include 36 hours of paid sick leave  and 72 hours of paid time off each year. The Director of Operations position is covered under a Collective Bargaining Agreement with National Organization of Legal Services Workers, United Auto Workers Local 2320.

This position includes the following roles (additional tasks may be assigned):

• Providing administrative and logistical support to members of the NLG Chicago Board, including scheduling Board meetings, logistically coordinating the annual election process, and coordinating Board input on day-to-day chapter decision making.
• Performing office administrative duties, including responding to phone calls, email, and receiving postal mail in the Guild Office (located in downtown Chicago)
• Coordinating and facilitating chapter wide events, including NLG Chicago’s annual fall fundraising event and spring May Day Party
• Assisting in fundraising including identifying and applying to grant opportunities 
• Growing chapter membership, including recruiting law students, building relationships between the Chicago Guild and like-minded or partnered organizations, and plugging the Guild into the progressive community in Chicago
• Maintaining and developing NLG Chicago’s online presence by updating our website, Facebook, and Twitter pages
• Maintaining listservs and sending updates to chapter membership through MailChimp
• Producing and publishing the quarterly Chapter Newsletter
• Supervising occasional office volunteers
• Meeting with the NLG Treasurer to discuss budgetary matters
• Directing and managing office volunteers
• Other related duties as assigned

The position will begin as soon as possible and require 10 hours per week, with regular office hours and some flexibility depending on the Chapter activities each month. This position will be a hybrid position with some tasks needing to be completed in the NLG Office. Although most work can be completed remotely, in person tasks do require that the candidate’s residence is in Chicago. 

NLG Chicago is an equal opportunity employer and people from historically marginalized groups and people who have been directly impacted by the criminal legal system are encouraged to apply. 

To apply, please email a resume, cover letter (in the body of the email), and three references, to chicago@nlg.org, with the subject line “NLG Director of Operations Application.”Applications will be accepted on a rolling basis until the position is filled. Interviews will be conducted via Zoom with members of the NLG Chicago Board.  Interviews will be held on a rolling basis until the position is filled. We will ask the Director of Operations to begin work as soon as possible. No phone calls please.

Due to an increase in COVID-19 cases, the NLG Chicago Board has decided to cancel our April 29th May Day Gathering. We are contacting those who have already purchased tickets. If you have already purchased a ticket and would like a refund, please contact us at chicago@nlg.org. If you would like to keep your ticket as a donation to the NLG, we will appreciate your support. People who purchased tickets at the Haymarket Martyr level who do not refund their ticket will still receive a gift bag. 

The Board made this decision due to an increase in COVID-19 cases, and due to the irresponsible state decision to remove the mask mandate on public transit. The COVID-19 pandemic is not over, and we do not want to risk anyone’s health or safety for an optional social gathering. While symptoms of COVID-19 are less life-threatening when people are fully vaccinated and boosted, so much about the long-term health impact of COVID-19 is unknown. 

In addition, the risk of mass COVID-19 infections among members of NLG Chicago could severely limit our ability to support Chicago’s movements seeking Legal Observers® or support from the Mass Defense Committee. Our responsibility is to the movements in Chicago–and a large, primarily indoor gathering during another wave of infections, would betray that responsibility. 

We are continuing to watch case numbers to the best of our ability–which is limited by irresponsible changes in how CDPH is reporting COVID-19 data. We hope to be able to host an outdoor gathering later in the summer when it is safer to do so, and if that become possible, we will share more information. 

The Chicago NLG continues to uphold our mission that “human rights and the rights of the environment are more sacred than property interests”. Our Legal Observer® Program continues to send volunteers to observe and document police activity at First Amendment protected protests. Our Mass Defense Committee continues to provide legal advocacy for those targeted by the state for exercising their right to challenge all forms of oppression. 

All of this work could not be done without your financial support. While we cannot raise funds in person at our May Day Party, we would greatly appreciate your financial support. You can make a donation at this link. 

Thank you for your understanding and continued support. 

In Solidarity, 

The Board of the Chicago NLG

The National Lawyers Guild Chicago condemns the recent actions of the Illinois Attorney Registration and Disciplinary Commission (ARDC), which attempted to sanction Sheryl Ring, Esq, an Illinois attorney, for filing a federal lawsuit against the ARDC last month for their refusal to prohibit discrimination against transgender and gender nonconforming attorneys and litigants. While we are pleased to see that the ARDC has now stated that this attempt was done so in error, we join Ms. Ring in demanding that the ARDC prohibit attorneys and judges from engaging in gender identity discrimination against any attorney practicing law in the State of Illinois.

Post-Bostock, 47 States —all but Illinois, Alabama, and Mississippi—prohibit lawyers and judges from engaging in gender identity discrimination in their Rules of Professional Conduct; the ARDC is the only State agency in Illinois to ignore Bostock. The ARDC actively discriminates against transgender Illinois attorneys on the basis of sex and gender identity through ongoing practices of outing and deadnaming transgender attorneys.

The ARDC is meant to be an avenue of transparency and accountability for residents in the state—to ensure that attorneys practice in alignment with the profession’s ethical standards, policies, and procedures. The ARDC’s purpose is to regulate the legal profession to ensure that clients and the broader public are protected from misconduct. The ARDC is not a weapon to be wielded against transgender and gender non-conforming attorneys.

The guiding principle of the National Lawyers Guild is that human rights and the rights of ecosystems shall be regarded as more sacred than property interests. It is profoundly disturbing–to the point of professional incompetence– that the state’s key accountability body for attorneys has not moved to prohibit discrimination against transgender attorneys in their policies and procedures.

We demand that the ARDC immediately end the practice of discrimination against transgender attorneys in the State of Illinois. Ms. Ring has repeatedly stated that she simply wants the State of Illinois and the ARDC to refrain from discrimination on the basis of gender-identity. Ending discrimination against transgender attorneys is the only moral path forward for the ARDC whose stated mission is “promoting and protecting the integrity of the legal profession.”

Will you consider being a sponsor of the NLG Chicago 2021 Annual Celebration? We are virtual this year and will show sponsorship ads as part of the digital event.  Last day to purchase sponsorships is Oct 27th!

This year we are honored to be presenting our annual Kinoy Award posthumously to Brian Nelson, a formerly incarcerated activist who worked to fight solitary confinement in Illinois prisons. We are also introducing our inaugural Trailblazer Award and will be announcing the winner at the event.  We have sponsorship levels ranging from $100 to $1500. Sponsorship purchases close on Wednesday, Oct 27th, so buy now! Sponsorships can be purchased on the event website. To pay via check or another method, email chicago@nlg.org.

Name Listing ($100)

Name listed on the event website, and in the event slide show. Must be purchased by Oct 27th

Sponsorship – Supporter ($500)

Half-screen ad in the event slideshow; name listed on our event website and social media. Must be purchased and ads must be emailed to chicago@nlg.org by October 27th.

Sponsorship – Mobilizer ($1,000)

Full-screen ad in the event slideshow, and name will be mentioned by the event MC during the celebration. Plus name listed on event website, on event promotional materials, and on NLG Chicago website. Must be purchased and ads must be emailed to chicago@nlg.org by October 27th.

Sponsorship – Revolutionary ($1,500)

Full-screen ad in the event slideshow, and the opportunity to talk about your organization during the event, in addition to your name being mentioned by the event MC. Plus name listed on event website, on event promotional materials, and on NLG Chicago website. Must be purchased and ads must be emailed to chicago@nlg.org by October 27th.

At this year’s Annual Celebration, NLG Chicago will be announcing the inaugural Trailblazer Award. The Trailblazer Award is an opportunity to highlight someone who pushes boundaries within movement work, or creates resources that people previously may not have imagined or believed were possible in their community. We seek to honor a Trailblazer involved in movement work in the Chicagoland area that embodies the NLG Mission.

Many amazing candidates were nominated and our finalists are Marsheda Ewulomi, Emmanuel Andre & Christian Snow! Each finalist will have a donation made in their honor to an organization of their choice. The finalist who receives the most votes will be honored as our 2021 Trailblazer Awardee and given a platform to speak about their work at our virtual Annual Celebration on Nov 13th. Visit www.tinyurl.com/NLGChi2021 to purchase tickets to the event. Please see the bios below for reference and cast your votes! Voting closes at midnight on Sunday, Oct 17th.

Finalists:

Marsheda Ewulomi
Marsheda Ewulomi (she/her) works at BPI as Staff Counsel focused on police accountability. She played an integral role in bringing community coalitions together to further the passage of the Empowering Communities for Public Safety (ECPS). Marsheda specializes in supporting grassroots coalition work and providing creative policy and strategic support to communities. She owns her own consulting company, She-Verse LLC, focused on supporting women and girls in identifying who they are and owning their power. Marsheda is driven by the power of narrative to transform lives: the narrative associated with an issue, the story that is missing to inform policy, and the narrative that must be shared to motivate collective action.

Please donate to Chicago Freedom School on behalf of Marsheda Ewulomi.

Emmanuel Andre
Emmanuel Andre (he/his) is passionate about creating spaces that center the lived experiences of communities impacted by the criminal legal system. Mr. Andre has over 10 years of experience litigating complex criminal cases. A restorative justice practitioner, he co-created Circles and Ciphers, an organization which incorporates hip hop into its work of conflict resolution independent of the courts with a path towards healing. Additionally, he has helped launch several innovative solutions to violence, working towards abolition through community partnerships. Mr. Andre is currently the Deputy of Policy and Strategic Litigation at the Law Office of the Cook County Public Defender.

Please donate to Circles and Ciphers on behalf of Emmanuel Andre.

Christian Snow
Christian Snow (she/her) is a long-time resident of Chicago’s west side and Program Director at the Illinois Justice Project, a non-profit that engages in criminal legal system reforms to make communities safer and reduce carceral systems. There she works to bridge gaps between grassroots organizers building power and policy advocates implementing reforms. She previously worked as an Associate Attorney at People’s Law Office, focused on civil rights cases. Additionally, Christian was the first Executive Director of Assata’s Daughters, a Black women-led, young person-focused abolitionist organization rooted in the Black radical tradition, that serves as a political home for young Black people in Chicago where they can build community as they learn to become rigorous and effective organizers.

Please donate to Assata’s Daughters on behalf of Christian Snow.

Check out what NLG Chicago attorneys have been saying in the news during the uprising.

Listen to attorney Brad Thomson on WBEZ talking about protesters’ rights, and Jani Hoft discussing Chicago Police Department’s seizure of protesters’ bicycles.

NLG is currently a co-plaintiff in two lawsuits, one to prevent federal troops from coming to Chicago and one over access to counsel in lock-up.   MacArthur Justice Center’s site has more coverage of the suit on access to counsel, as does WTTW, the Chicago Tribune, the Chicago Sun-Times, the Chicago Reporter and Block Club.

These two articles from Injustice Watch and Time Magazine mention the NLG Chicago and quote a few of our members voicing their frustration with CPD’s chaotic tactics of intimidation and suppression.

 

Cook County State’s Attorney’s Office Announces it will
Drop Some Charges against Black Lives Matters Protestors

On Tuesday, June 30, the Cook County State’s Attorney’s Office (SAO)  announced in a memo to all Assistant State’s Attorneys that it would be declining to prosecute a number of charges against people arrested at recent protests against anti-Black racism and police violence. 

This announcement comes after calls to drop the charges have come from local activists, community groups and legal organizations including the National Lawyers Guild of Chicago (NLG Chicago.) The announcement follows similar announcements by prosecutors across the country, in cities such as Los Angeles, New York, Houston, Denver, and others. 

We anticipate that this will lead to a large number of protest-related cases being dropped. However, it DOES NOT include all the protest related cases. 

The memo issued by Cook County State’s Attorney Kim Foxx (available here) lists five types of charges that are “most likely to be the result of a protest-related arrest” and states that there will be a “presumption of dismissal” for those cases. Additionally, the memo lists eight types of charges where there will be a “presumption against proceeding” unless a Police Officer is the complaining witness or there is Body Worn Camera footage to support the charge. 

It still remains to be seen which specific cases the SAO will be pursuing and which ones they will drop. 

It is also important to note that this applies ONLY to the Cook County SAO and does NOT apply to the Chicago City prosecutors who prosecute city issued ordinance violations. Independent of Kim Foxx’s Office, the City of Chicago has brought charges against protestors for violating City ordinances. As stated in the Foxx memo, these protest-related municipal violations are largely for “disorderly conduct” and “curfew violations.” 

The City has not indicated that it will drop any of these charges written up as violations of the municipal law. We believe there are hundreds of people being charged with violating these City laws whose charges are unaffected by the Foxx memo. Neither the mayor or the corporation counsel of the City of Chicago have made any statement or pronouncement that they do not intend to prosecute the city charges against protestors.  

For individuals who are facing charges related to the recent uprisings and have contacted NLG for legal support, this announcement does not mean you don’t have to appear at court. Unless you have received information from the court or from your attorney that you do not need to appear in court, you should still plan to appear at your first court date. 

For those attorneys who have volunteered with the NLG to provide pro bono representation to the individuals arrested at the recent protests and uprisings, we will still be relying on your assistance and support.

As long as there continue to be charges brought against people who are taking action against state violence and white supremacy, we will continue to organize to provide legal support to those people. 

We call on Lori Lightfoot and the City of Chicago to follow suit and DROP ALL CITY CHARGES related to these protests. 

For years, people arrested in Chicago have been illegally denied access to phone calls and lawyers. And in the last month, many of the 2,600+ demonstrators who faced arrest for participating in Black Lives Matter protests were also denied access to legal counsel.

This week, NLG Chicago joined a broad coalition of activists and attorneys who are suing the City of Chicago in an effort to stop this practice. Black Lives Matter Chicago, the #LetUsBreathe Collective, STOP Chicago, Ujimaa Medics, GoodKids MadCity, and the Cook County Public Defender’s Office are all co-plaintiffs in the case. 

As #LetUsBreathe Collective organizer Damon Williams told the Chicago Tribune after being held for hours without access to an attorney: “This is a system of disappearance, this is a system of torture… Our institution that we pay to so-called protect and serve, which they don’t do, they hunt and capture, that hunting and capturing is not even done within the very basic laws that we have set up.”  

The lawsuit, which was filed on Tuesday, charges that “The City of Chicago, through its agents at the [Chicago Police Department], maintains both official and de facto policies intended to prevent detainees from accessing legal representation. 

These policies include: 

 

• refusing to allow people in CPD custody access to a phone for extended periods of time or at all; 

• refusing to inform attorneys where their clients are being held in custody when directly asked for location information; 

• refusing to allow attorneys physical access to police stations where their clients are being held; 

• conditioning telephone access on a client’s waiver of state law and their constitutional rights; 

• and refusing to display the [Public Defender’s] Police Station Representation Unit (PSRU) hotline number in CPD stations so that detainees do not know how to get in touch with an attorney. 

 

The City of Chicago has a long record of condoning incommunicado detention in its police stations. … It has blocked attorneys from accessing clients until after their clients were charged. CPD officers have intimidated detainees from seeking counsel and denied them the use of telephones. And by cutting off access to the outside world, CPD ensures that detainees have no protection from police abuse, including coercive interrogations.”

You can learn more by watching the YouTube video of the press conference held when the case was filed, visiting MacArthur Justice Center’s site on the case, and reading news coverage from WTTW, the Chicago Tribune, the Chicago Sun-Times, the Chicago Reporter and Block Club.

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.

 

Reminder on how to contact NLG Chicago and who to contact when.  Please be patient.  We are overwhelmed with inquiries right now and doing our best to reply.

If you or a loved one has been arrested and is IN LOCKUP, please call the Cook County Public Defenders office at 844-817-4448.  You will need the person’s full legal name and date of birth.

If you or a loved one has been criminally charged due to participation in demonstrations and needs legal representation, please call our Mass Defense Committee hotline at 773-309-1198.

If you are planning an action and seeking Legal Observers, please email chicago.lo.program@gmail.com.

If you would like to volunteer with us and you are an attorney, please fill out this form.  If you are a law student or legal worker, please fill out this form. If you are not an attorney, law student or legal worker, we may not have a role for you, but you can email chicago@nlg.org to inquire.  We are getting many volunteer inquiries and are replying to people as we are able. Please be patient if you do not hear back.  

If you are an attorney, law student, or legal worker and you would like to join the NLG Chicago, please visit www.nlg.org/join.  If you would like to donate, please click here.

For routine administrative inquiries including media requests, please email chicago@nlg.org

Thank you for your patience.  We will get back in touch as soon as we can.