BASIC INFO
As nonviolent activists, we recognize that there are citizens, soldiers, civilians and prisoners on all sides who risk their lives on a daily basis, and endure great suffering on a daily basis, and it is these people that we should keep in our minds and hearts during the action. By taking nonviolent action, we hope to join in solidarity with those who suffer most as a result of our government’s policy.
Whatever risk or suffering we endure in the course of this action, it is nothing compared to what the men of Guantanamo have faced since January 11th, 2002.
Those engaging in nonviolent resistance on January 11th should be prepared for possible arrest, temporary incarceration and court proceedings. Sentences for convictions can involve community service, or jail for periods of up to 6 months, and/or fines up to $1000. These are maximum sentences, but our experience is that convicted nonviolent protesters receive a fine and/or community service.
SUPPORT
It is important to emphasize that all risking arrest in nonviolent action must have a support person who has your personal information and will track you through the process following arrest until you are released, as well as help you to your destination post-release – even if that release happens at 5 o'clock in the morning.
The J11 Coordinating Team will provide overall coordination of the post-arrest process, and work with all support persons as needed. We will have a support team of activists and lawyers on hand through the weekend to help with this process.
Preferably you should be part of an affinity group that has support persons. Affinity groups can be formed the night before for those who do not have one already.
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 is a crime to carry prescription medications outside of their original containers); and (3) you have a copy of the prescription from your doctor.
If 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.
All of the above presumes that you maintain nonviolent discipline during the action, and do not destroy property, harm or attack the police or bystanders, etc.
It would be most unusual for bail to be required.
AFTER YOU ARE ARRESTED
In the situation that you are arrested by the Metropolitan Police--there are several different police jurisdictions on and around federal property--you could still be released with a citation at a local substation. However, you could be incarcerated overnight and brought before a magistrate in Superior Court. You would then probably be released on personal recognizance and scheduled for a hearing. At that court hearing you will be asked if you want to plead guilty or not guilty. If you want to plead not guilty, you will be given a date to return for trial. If you plead guilty to a minor charge, you may be sentenced right then. It is very unlikely that a nonviolent action will result in jail time. More likely scenarios would be community service, a fine and/or probation.
Washington, D.C. sometimes offers the option of "post and forfeit," where you pay ("post") a set amount of money (usually around $50) and forfeit the right to ever get the money back. It is not the same as a guilty plea, and does not become part of your 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. You may consider this option up to and including on your trial date.
MISC. LEGAL INFORMATION
For January 11th, it is possible that the US Marshalls will do the arresting, the FBI will investigate as it will be a federal crime, and that people will be held in the DC Jail. It is also possible that any trials would be in the federal system.
We may not be charged with a federal crime on January 11, as we could be charged with D.C. Code. This would deposit us in Superior Court.
If there are a considerable number of arrests, it is more likely we would wind up in another location than D.C. Jail. We could be too large of a group to fit in the jail under Superior Court, and there is the possibility of mass arrests being held at the Police Academy.
While it is possible that the charges will carry jail sentences, note that the courts are tending to drop jail time.
Based on past experience, it is unlikely the government will seek imprisonment for those convicted. A $50 fine and court costs is a much more likely outcome.
DC Charges
Incommoding. This is blocking vehicle or pedestrian traffic on the streets, sidewalks, and other walkways. Maximum penalty is a $250 fine and/or 90 days in jail--DC Code § 22-1107. The charge of disorderly conduct is essentially the same--DC Code § 22-1121.
Failure to obey a Police Officer. Often called "failure to disperse," this charge is possible when the police order you to depart and you refuse. The order must be "lawful," which means that if the police issue an unconstitutional order, there is no offense in ignoring it. But police authority is very broad. At trial, if the order is ruled lawful, you can be fined $100-$1,000. DC Muni. Reg. §§ 18-2000.2 & 2000.10.
Unlawful entry on property (trespassing). Remaining on government property after being told to leave is punishable by a fine up to $100 and/or up to 6 months in jail. For government buildings and the surrounding land, there must be some reason that you have been asked to leave, such as to prevent disruption or to maintain security. DC Code § 22-3102.
CONCLUSION
The J11 Coordinating Team wants to emphasize that these are guidelines. In risk arrest situations, there are many contingencies and too many variables to ascertain today what the police may do on January 11. It is possible, for example, the police may decline to arrest. Nevertheless, lawyers familiar with criminal law will be available to provide advice during the entire process.
Please respond to daloisio@riseup.net with any legal questions.