Legal Flow Chart
The Legal Process
The legal system's terms and mystique create an impression of
complexity and unapproachability. But, with a little study and
thought, the legal process can become manageable and less intimidating
and isolating.
Throughout the legal process, we have the right of choice. This
is very important. When we understand the steps, the choice, and
the effects of those choices, then we are in a position to make
decisions as to what we want to get involved in, and what we want
to avoid. there are many levels of commitment possible; we must
individually choose our involvement according to our own situation.
The material below shows the legal process schematically. As mentioned
above, there are certain steps involved, and choices that can
be made at each of these steps. let us now go through the steps
and briefly talk about the choices.
Warning
Usually, but not always, immediately prior to arrest a warning
will be given by the police to demonstrators, They will saw which
law(s) is (are) being broken and will say that anyone remaining
will be arrested. The charges may include: disorderly conduct,
trespass, resisting arrest, and obstruction of government property.
Choices
To stay and be arrested or to leave
Arrest
You will be taken to transportation vehicles (may be handcuffed,
frisked, walked with escort, carried on a stretcher, dragged/carried)
Choices
To cooperate and walk or to non-cooperate and go limp so that you have to be carried. Or to flee if left unguarded and unidentified.
Processing and Booking
Placed in a holding area (don't expect meals, phone calls, bathrooms).
Sometimes cells have pay phone, so you may want to bring quarters.
Photographed. Fingerprinted. Pockets emptied. Strip searched (unlikely
but a possibility). Asked for information. You are only required
to give name, address, and ID. You don't have to give Social Security
number, but many people do anyway since it's easy for this to
be found out.
You may be given a summons that gives you the charges and court date and
then released. Or you may be held till you are arraigned be a judge
Choices
To be willingly fingerprinted, etc. How much personal information you give.
Arraignment
Appear before a judge and answer to charges
(guilty, not guilty, nolo contendere, mute). You can request that
charges be dropped. If you plead guilty it might be for a fine
or no punishment so long as you don't get busted in a certain
time period. Or, schedule another court date/trial.
Choices
To answer charges, respect authority, or to get through the process as quickly as possible.
Trial
same as above
Note: You don't need a lawyer for this, but it is always
helpful to have a legal aid or sympathetic lawyer to guide you
through the process. For major actions, plan in advance to have
legal aid on site of action and with you through the arrest, etc.