R Hano Becomes a Fist

LEGAL SOLIDARITY MANUAL

INTRODUCTION
Legal Solidarity is srategy that uses group decision-mking and action to protect

people when they are being held in the legal system. Jals and courts are designed to
ke people fel powerles. By using Solidarity tactics - making legal decisions s a
group, acting in uniy with cach other, and committing yoursehes to safeguarding
every arresee’s inlrests — you can gain more control over what happens to you in the
s and courts. Legal Solidariy has been used effectively for decades in the civil
ights, peace, environmental, and anti-corporate globalizaton movements, among

THE BASICS

Understanding the theory and tools of legal solidarity - its practical objectiv
using tactics and demands, and distinguishing between Jail and Court Solidarity - is
erucial o using legal solidarity and ts tools effectively.

Objectives of Legal Solidarity

If you are considering using Legal Solidarity, it's important to know what
your specific goals are and which tactics will help you achieve those goals. Specific
‘zoals should be under the more general goal of taking care of each other — whether that
means using physical non-cooperation to address immediate health and- safety
concerns, or using your rights 10 obain a universal plea bargain.

As part of the racist, classist, and homophobic society that we live in, cops and
courts often target specific people for more abuse and harsher prosection. People
should be ready to use solidarity to-take care of everyone, but should be especially on
the lookout for minors, non-U.S. citizens, people of color, people who are seen as
leaders; people who go limp or use more militant tactics, transgender or queer people,
people who dress punk or who wear all black, people on probation or parole and
people with prior arests or convictions.

Tactics and Demands
A tactic is something you do (c.g. chant incessantly). A demand is something
you want (some water). You use tactics to get demands met ("We're going to chant
incessantly unless you bring us some water.")
Matching tactic to demand is one key 1o successful Legal Solidarity. A group
using Solidarity should come up with a set of demands and corresponding factics. 1ts
erucial to make sure the authority (cop, guard, judge, prosecutor, etc.) you are making

a demand to can meet that demand and is affected by your tactic. If not, you are
unlikely to accomplish anything.

‘Consider these three cxamples:

1. Fifty people in a holding cell demand water from the guzrd or clse they will
insist on a speedy trial,

2. Fifty people in 3 holding cell demand world peace from the guard or they
will sercam and shout until she delivers it

3. Fifty people in a holding cell demand water from the guard or they will
scream and shout until she brings some.

In example I, nothing will happen because although the guard can provide water,
she s not affected at all by their insistence on a speedy trial. There is no motivation
for the guard to do what the group wants. In example 2, the guard wil certainly be
affected by the shouting, but since she can't deliver world peace, she will likely resort
o other (possibly violent) measures o stop the noise. In example 3, the guard will be
affected by the shouting and cin deliver an the demand. The easiest thing for her to do.
s get the water.

So what can be done if a tactic isnit delivering a demand? Escalate. If singing
isn't working, try singing off key. Then try screaming. Then screaming and pounding
on the door, etc. The important thing is to make sure the tactic is still at the same level
of seriousness as the demand. Don't escalate so much that you completely exhaust
yourselves (or your options) for a relatively minor demand. On the other hand, if you
Feally want something and aren't getting it it’s probably time to think about escalafing
your tactics.

Another key to successful Legal Solidarity is clear communication of your
tactics and demands to authorities. For example, if a cell-full of people starts
screaming without both telling a guard their reason and making a demand, the guard
won't understand why they are shouting and what to do to make them stop. The group
needs to get her attention and then have one or two clected spokespersons clearly
communicate specific demands.

Finally, when using tactics and demands, its important to follow through on your
promises. If you don't, you establish a lack of trust that jeapordizes all future
Regotiations.

Below are lists of common demands and tactics used in the jails and courts.
Some demands in jail

= give an injured or ill person immediate medical attention

= bring some water

= return a person who has been separated

= allow groupvisits with the legal team/lawyer
2

‘Some Jail Solidarity Non-Cooperation Tacties
= not bringing ID and refusing t give name or address.
refusing 1o promise to appear in court
chanting, singhg or dancing incessantly
refusing o follow orders
going limp
stripping

Some Demands in Court
= give everyone the same charges and sentence, protecting targeted people
(“leaders," people of color, etc.) from being singled out for harsher
reatment

Some Court Solidarity Non-Caoperation Tactics
= pleading not guilty
© this forces them to hold many trials, clogging the court system
= insisting the court appoint a free attomey to represent each defendant
o this creates a vast amount of paperwork for the court and
prosecution, as well as a huge expense.
ting on a specdy trial
o this forces them to bring everyone to trial within 30 1o 90 days
(depending on jurisdiction) of your first court appearance, as
opposed to scheduling trials long after, at their convenience
« fighting the case vigorously before trial by subnitting a lot of motions
and requiring lots of hearings in court
© this pus strain on the court burcaucracy and the prosccutor

Groups should make sure to talk in advance about which demands and which
fypes of tactics they want to use. Ifs not necessary for everyone in the group to
participate in a given tactic in order for it to work. However, you need enough people
participating in a given tactic to overwhelm the authoritis, forcing them to agree to
demands. Creativity and flexibility are the keys o successful tactics

Jail Soli

Generaly speaking. youare engaging in Jail Solidarity when you are n custody of
police or jail guards and are using the Jail Solidarity non-cooperation tactics lke those
described above (going limp. etc). Your actions in Jail Slidarity dircetly affect the
police jail guards, and jail administration.

People are only etied to courtappointedatomneys i they'e acin
income.1F youre charged with a crime for which the penalis don't include J
jaywalking ki), oryou can affod o hirs your awn awyer, the udge will no appoin a fre atorey
foryou

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Though one of the most visible and potentially empowering aspects of Legal
Solidarity is physical non-cooperation in jail, non-cooperation is not done for its own
sake. Always use non-cooperation or acts of resistance to take care of each other.

Brutality at the hands of cops and guards is real and dangerous. By using non-
cooperation tactics, you risk pissing the guards off. Activists can really get hurt. In
addition, physical non-cooperation c.g. going limp) could resultin charges of resisting
an officer, though this is usually an idle threat

Non-cooperation, though, doesn't have to be just physical. One tactic typically
associated with Jail Solidarity is withholding your names upon arrest. The police
usually won't release people who they can't find again. A group that is in jail and
nameless 1) stays together; 2) clogs the jails; 3) can keep known organizers and legally
vulnerable people from being targeted for mistreatment or more severe charges: 4)
makes the paperwork hard; and 5) appears to the jails, prosecutor and media as one
unified group. Keeping a committed group in the jails until demands are met i central
to the tactics of Jail Solidarity.

Court Solidarity

Using the Court Solidarity tactics listed above dircetly affects the prosecutor and
the courts. This is important because the prosecutor has the power to negotiate a plea
bargain or even drop charges.

Court Solidarity involves people working together to fight their legal battles in
court. Strategically speaking, the best way to do this is to use the strength of numbers
o put pressure on the court system in order to: 1) get everyone’s charges dismissed, or
2) negotiate a plea bargain that is agreed to by everyone, will cover everyone and will
not have a harsher impact on targeted individuals, or 3) if this can’t be done,
Vigorously fight individual cases and work as a group fo help everyone mount a strong
defense.

egal Solidarity
Jail and Coutt Solidarity use different tactics but with the same end goal in mind

- taking care of cach other. They can be used separately but are most effective when

used together. A typical Legal Solidarity timeline looks like this:

L A group of activists gets arrested. They begin using Jail Solidarity by
refusing to give their names and by using physical non-cooperation to keep
people together and safe.

The activists begin using Court Solidarity by having the legal team

communicate the proposed plea bargain, other demands and the Court

Solidarity tactics (pleading not guiliy, demanding a jury trial, etc.) to the

prosceutor.

3. The prosecutor caves. We win.

-OR-

3. After a fow days, it becomes clear that Jail Solidarity isn't putting enough
pressure on and/or people are unable to stay in jail any longer. The ctivists
decide to give their names and leave jail as @ strong group rather than a weak
trickle. Jail Solidarity is now over and all efforts are focused on Court

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Solidarty.
4. We overwhelm the courts and the prosceutor caves. We win.

SupporT

Legal Solidarity s not only carried out by the peaple n jail or facing trial, but also.
by supporters. Support s eritical for the success of Legal Solidarity. Helping with
supportis a good way for people who had to take a separate plea bargain, had to leave
jail, or couldn't get arrested to maintain their connection with the rest of the group.
Here are a few ideas for organizing jail and court support. As usual, this handbook is
just a guide—let your creativity lead the way.

Jail Support

= Visit them during jil visiting hours.

* Ifthere is no legal team, have a phone number they can call o get and give
information.

* Ifthere is no legal team, arrange for trusted lawyers to visit them in jail t0 get and.
give information.

= Organize a jail vigil (preferably with friends and family members of those
arrested). This gets lots of positive media attention as well as being a huge morale
booster for the folks inside.

= Amange to have food, water, friendly faces, rides, and places to spend the night for
them when they get .

= Write press relcases and hold press conferences. This helps keep your spin in the
media. You can keep pressure on the authorities and update the public on
problems insidk.

* Ifthey are fasting insidk, stage a solidarity fast outside, in the public eye.

= Organize rallies both locally and nationwide.

= Organize a phone call campaign to call the jail administrators, mayor, prosecutor,
attorey general, judges, media, etc. in support of the incarcerated activists.

= Help them get things like ID, bail money, medicine, cc.

Court Support

= Generate street heat by holding marches and rallics at the courthouse on the day of
the trial or the first hearineg.

= Write press relcases and hold press conferences.

* Organize a phone call campaign to call the mayor, prosecutor, attorney general,
judges, madia, etc. in support of the activists facing trial.

= Find out when the hearings and trial are and go to them. Organize lots of people
from the community and friendly media to go.

= Take notes on what happens at tral and give them to the legal teamylawyer. Pay
attention to: name of judge and attorneys, case #s/ docket s, and any decisions
that get made.

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= Volunteer with the legal team (or with local lawyers if there is no legal team)
gathering evidence, making courtroom displays, doing jury watching, etc
= Raise money for legal expenses.

Decisions
Action Planning
Unfortunately, there s no formula o tll you f Legal Solidarity s the best
legal srategy for your action. Wha' your objective? Some activists who engage in

civil disobedience want to gt in and out of the crimvinl justice system as quickly a

possible. But here are some things you should discuss when deciding whether o not 0

use legal soldarity:

I Ate cnough aetvists involved to overwhelm the system's resources?

" This obviously depends on where you are. In abig city, it could take

hundreds of peaple to clog the jails, whercas in a small fown, they may

not have the resources to deal with 20 of you. In Washington D.C. in

April, 2000, 150 activists put the already full jail over is legal limits

“This put real pressure on the authorities to bargain and to do i fast.

o Even smaller numbers are needed for successful Court Soidarity.

Ate you committed o following through?

o For example, not everyone has to be able to stay in jil indefinitely, but
if you getarrsted on Friday and 90% of you need to be out of ail on
Monday, don't use Jail Solidariy.

o Notethat Court Solidarity takes a very different kind of commitment
than Jail Solidariy

3. Do the pople intending to isk arest have enough points of ity to make
diffeul decisions as aunified group?

o Appearing to be unifid and absolutely committed makes a huge
ifference when plea bargaining with the prosecutor. Also, avoid
pushing for decisions which will factionalize the groupthere is more
strengih in unity than in any particular tactic:

4. Can you armange Legal Solidarity trainings for asignificant proportion o the
activists involved in the action?

o This handbook s not enough! Thereis a growing number of groups that
offer Legal Solidariy trainings. Contact s at www.midnightspecial nct.

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Individual Decision:

The use of Legal Solidarity should not keep anyone from participating in the
action. Not everyone can stay in jail. Not everyone can go to court. Give support to
those who cannot take part. The strength of Solidarity comes from the voluntary
agreement of everyone who takes partin it. Just because someone needs to leave jail
does not mean that she has "broken” Solidarity.

‘Solidarity is based on consensus and it casier to reach consensus on tactics and
demands if you listen closely to all points of view before launching proposals. This is
especially important when working in a group with diverse races, classes, sexual
orientations, poliics, ec.

Don'tlet the police, jail authorities or any lawyers push you into rushed decisions.
If you're being rushed, bargain for more time. After al, it simpler for the authoriti
o give you another fificen minutes to come to consensus than for them to carry a bus-
full or room-full of limp bodics. (It a good idea to agree on using such tactics before
there is a crisis.)

One problem activists face is that cops, lawyers, judges, etc. frequently lie about
the situation. Common lics are that all your friends have gone home and you're the
only one still in jail, or that it i illegal (0 refuse to answer questions. Make sure you
base your decisions on reliable information received from someone you trust. When
you get separated in jail, you feel really alone and it becomes very casy to believe what
they'e telling you. This is normal, but stick with whatever decision yau made withthe
group and have fith that everyone el is doing the sam.

PLEA BARGAINS

In the United States, only about 15% of all criminal cases actually go to trial.
Most of the time there is & negotiation between the defendantand the prosecutor called
a plea bargain. In a plea bargain, you agree to give up your right o a trial and plead
guily in return for getting a particular (lesser) charge and sentence. ~ When a lot of
activists are arrested together and have strong Solidarity, you're in a powerful
bargaining position. First discuss whether you all want to negtiate a plea rather than
g0 to twial._If you do want to negotiate, the whole group must agree on the range of
charges and sentences you're willing to accept

Come to consensus on the bargaining position and flexibility of the group. For
example, you might decide that everyone s willing to do 10, 20, or even 50 hours of
community sarvice, but no one will pay a singke dollar o the system in fines.

A key clement of any plea bargain in a mass action i that everyone gets the same
deal. This can be hard for prosccutors and judges to understand. It helps if the
activists themselves talk face to face with the prosceutor or judge in a big group, Father
than having the lawyers negotiate for them out of sight. Somefimes this negotiation
takes place in the courthouse, but activists have also gotten the prosecutor or judge to
come talk to them in the jail. When they look at a determined group of activists, the
bargaining process usually speeds up.

Non-US. citizens charged with misdemeanors or felonies can face deportation o

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be refiised re-eniry into the country. From the standpoint of equal treatment in a plea
bargain, infractions are significantly better than misdemeanors, since they usually don't
affect immigration stus (though youshould always ask an immigrationatiomey about
aspecific plea bargain.) This is a good example of how collective plea bargaining can
protect defendants who are more vulnerable.

One of the most serious drawbacks of jail solidarity s that prosecutors are likely
0 offer a deal 1o everyone except people charged with felonies, non-US citizens,
people with priors or on probation, etc. If you are faced with this situation, you must
decide if getting people charged with felonies included in the plea bargain is realistic
considering your numbers, outside support, media attention, etc. I it’s not, you must
decide if you will accept the plea bargain, or if you will all cite out and use Court
Solidarity. If the group decides to take a plea bargain, plan and commit to long-term
legal support for people charged with felonics who won't be covered. (See Court
Support)

In the end, its usually better to leave jail together with a solid long term plan

than to trickle out scattered and disorganized. Whatever the decision, it should be
made by the whole group and include support o everyon.

Sentencing Components
s you can be sentenced to other than jailtime.
very day or part of a day spent in custody usually counts

toward your sentence.
Diversion: In a diversion program, you do community service and pay an
administrative fee. The charges against you are then dismissed, 50 you don' get a
conviction on your record. However, judges and prosecutors cansiill see that you took
diversion for those charges. Usually, you can only get diversion for your first offense.
Warning: Diversion can count as a conviction, not a dismissal.for non-U.S. citizens.
Diversion programs go by a variety of names: deferral, deferred prosecution,
dispositional_continuance, etc. If you are a non-US. citizen, check with an
immigration lawyer before you accept any plea bargain.

Probation: There are two kinds of probation, formal and informal. If you's on formal
probation, you have a probation officer who makes rules about who you can see, where
You can o, if you get drug-tested, ete. If you're on informal probation (sometimes.
alled court probation), there is no probation officer and nothing happens unless you
get arrested again. If you're accused of violating your probation, you will reccive only
a streamlined hearing, not a full trial. I the judge decides that you did violate
probation, you could be sent to jail. Obviously, being on probation will interfere with
your participation in other acts of resistance.

Fines: A fine is money paid to the government. When fines are imposed, penalty
assessments are typically added, which may double or triple the total amount. Make
sure you find out exacly how much you're going to pay before agreeing to any deals.

Restitution: Restitution is money paid to the vietim (which can be a government
entity) if you ar being sentenced for having damaged property or stolen something.
California imposes a restitution fine for most misdemeanors. Again, make sure you
find out exactly how much you're going to pay before agreeing o any deals.

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Community Service: Judges can assign a set number of community service hours
instead of a fine, especially if the defendant has a low income. Community service
work can range from cleaningcop cars to working with the organization of your choice
—you may be able to negotiate about this. 1t a good idea to come to court with a
letter from one or more certified non-profit organizations, stating that the organization
is willing to accept you as a volunicer for purposes of fulfilling your community

Often, there is a standard fine that is attached to every sentence. It may be called
a court fee, vietim fund fee o restitution fund fec. Although the prosecutor may claim
that these fines are mandatory and non-negotiable, in the recent past groups have
avoided them by using Legal Solidarity tactics

Pouice?
Mise

When dealing withthe police, keep your hands in view and don' make sudden
movemens. Avoid passing behind them. Nervous cops are dangerus cops. Also,
never touch the police or their cquipment (vehicle, flashlights, animals,ctc.)—you
an b beat up and charged withassult.

Whenever you interac withor observethe plice, always write down what i said
and wh sad . Record th offcers e and hadgs murmbers and names oF any
witoses

“The police do not decide your charges; they can only make recommendatons,
The prostcutor is he only perso ho can actualy charge you. Remermber his the
next timethe polce start Faing o al he charges they're supposedly “goin (0 give
o

Questioning

Interrogation isn't all bright lights and rubber hoses—usually it just
conversation. Whenever cops ask you anything besides your name and address, i
legally safest to say these Magic Words: "/ am going o remain silent. I want a
lawyer.” This invokes the rights which proteet you from inferrogation.”

Remember, anything you say to the authorities can and will be used against you
and your friends in court. There's no way to predict what the police might try to use or
how they'd use it. Plus, the police often misquote or lie altogether about what was
said. So say only the Magic Words and lt everyone know that thisis your policy.

Cops are legally allowed t0 e when they're investigating, and they are trained to
be manipulative. Insist upon speaking with fricnds and lawyers before you answer any

£ this sction, we are using “police”as acatehalltem foral L enforeementoffces. This
includessherf, FBY agents, highway patrolmen, o

Yo have the rghts not 0 be forced o say anyhing which would elp prove you guity and 0 have a

Kawyer present when the plice e questioning you i you've been arestd. 1fyou nvoke cither of

these rght,the polics have o stop questoning you. Fou have thse rights even 1 sou are a minor or

non-US.ctzen.

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questions or sign anything.

JaiL

Booking is when the police take photographs, fingerprints and information like
names and addresses. Booking is usually done at a police station, but in mass arrest
situations, police will often set up a mobile booking station.

If you are taken o the station for booking, the jail guards will probably take your
clothes and other belongings—theyll issue you uniforms and a receipt for your
property. You do not have to sign the receipts. The authorities are legally required to
return your property anyway (they mark it with your booking numbers.)

Giving false information is illegal and has occasionally resulted in extra charges.
However, in most situations when using Legal Solidarity it is okay to just not give any
information o the police, including name and address. Say the Magic Words: "I’
gong to remain silent. I want to see a lawyer." Some protesters have smudged
their fingerprints, made funny faces during the photography, swapped clothing and D
bracelets, and engaged in other nonviolent acts. We are not aware of anyone who was
actually convicted of resisting an officer for having done these things when a larger
group was in solidarity with them.

If you don't want to give the police any information, don't bring your ID, library
card, or anything else that has your name on it o the protest. Also, all elephone calls
Jrom jail can be monitored. Don’t tell secrets on the phone! Work out codes with
Your group before you're arrested if you need to talk about private things on e phone.

Staying Healthy in Jail
Food

“The jail is not going to give you regular vitamins, herbs or homeopathic medicine.
If you have glucose, lactose or luten intolerance o severe food allergis, get
doctors leter (but don't expect the jail kitche stff o be able (0 follow directions)
You have a legal right to kosher food if you'se Jewish and to a non-pork diet f you're
Muslim._Vegetariansare gencrally fold, "Just don't ca the meat." Vegans, fruitarians
and macrobiotics are usually out ofluck. Supportrs and lawyers cannot bring i food.
“The best advice is to cat well before the action and do your best to manage with the
regular jail food.

Medical Condition:

If you have a potentially dangerous medical condition (asthma, diabetes, seizures).
wear a medic-alert bracelet. This will make the police and jail staff take you much
more seriously if you start to have problems.

“The only way to be sure you'l get your medication in jil is to bring a recently
dated doctor’s letter that explains what you need. ~ Keep one copy of this letter with
you, leave one copy with your affinity group supporters, and leave copies with your
legal and medical teams. If you don't want to give your name, give your doctor a photo

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0 go with the letter, and have the doctor refer to you as "the patient in the attached
photograph.”

Note: You do not have to tell the cops or jil guards whether youre HIV positive
or have AIDS,

Fasting

Fasting in jail can be a powerful tactic, but it very dangerous a should be used
only as alast resort. People with current or chronic medical conditions should no fast.
Previous or current heavy drug or alcohol users also should not fast. When in doubt
do ot fust.

In jail, you will generally be restricted to water fasting. Usually you can water
fast for 2 or 3 weeks without injuring yourself, Gandhi never fasted longer than 3
weeks. We have compiled some informationto help you stay healthy if you do decide
o fast

Even when only one person is fasting in jail, it is an affinity group action, and
works best when decided through consensus. If demands are attached to the fast,
question whether the demands can be met in the time you are willing to fast. Don't
bulshit,

Fasts work best when done within a well-organized, supported and publicized
framework. There are many things supporters can do to help, such as publicizing the
fast or fasting themselves outside the jail. The public can become involved and
sometimes even gurds become concerned.

The effects of fasting can be felt in less than 12 hours, Effects can include
headache, dizziness confusion, coating on the tongue, chills, lethargy, mood swings
and weight loss. Hunger pangs can be intense for a period of time but disappear for
most people after several days. Expect to be mentally slow, cloudy, and moody.
few people must refrain from fasting so they can act as caretakers and facilitators.

‘Your body goes through an intense detoxification process during a fast. Here are
some ways to minimize harmful effects and discomfort
= Drink plenty of water. Remember, keep your pee pale in jail. If your urine turns

dark, stop fasting._.

Shower as often as possible.

Brush your skin with a rough towel to help remove toxins.

Your tongue also excretes toxins, so brush it and your teeth often.

Try to keep yourself warm atall times. If passible, sneak extra sets of clothes,

towels or sheets to hide under your jail uniform.

Slow down!

= Be clear before you start your fast. You will not think as clearly after

= Developa system ahead of time which allows you {0 stop someon's fast without
undermining her (e.g., after someone passes out twice, she has to stop fasting)

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Court

If you're in custody, the authorities are legally supposed to bring you to court
within 72 hours (not including weekends and holidays). 1f youre not being held in
jai. your frst court date may be up to a month afler arrest. When- being relcased.
demmand that everyone gets the same court date (and back it up with a tactic). This
makes it casicr to support cach other in court and harder for the authoritcs to single
people out.

The first hearing is usually three separate hearings rolled into one—the
appoinment of counsel, the arraignment, and the bail hearing. The appointment of
counsel is when you indicate who's going to represent you: yourself,a private attorney.
or a court-appointed lawyer. At arraignment,you find out the charges against you and
you enter a plea. The bail hearing focuses on release issues: bail, bond. o release on
Your own recognizance (OR).

Release
The police decide whether 1o give you citations and release you from their
custody. The judge decides whether to offer you bail, bond or OR for release from jal.
Citation: A citation is a promise to appear in court which usually looks like @
traffic ticket. If everyone has decided to sign citations and be released (cite out),
itis important to make sure that he people who are at risk get cited out first.
Bail: Bail is money you pay to the court, which they keep if you don't show up at
your trial. A bail bondsman can put up the money for you, but you have to give
the bondsman a percentage of the total bail (usually 10 percent), which she keeps
as payment. Offen, there is a pre-set bail for misdemeanors and lesser felonies
which you can pay at the jail without waiting to go before a judge.
Bond: A bond is like bail except that you put up collateral instead of paying
money. Collateral is something of value, like @ car or house or land.
OR: Release on your own recognizance (OR, ROR or PR) i like S0 bail. Usually
you will anly be released on your own recognizance f you can prove that: (1) you
are not a danger to the community; and (2) you are likely to return for court
appearances. You are likely to be kept in jail if you have an oustanding warrant;
are already out on OR, bond or bail; are on probation or parole; have failed to
appear for court dates in the past; have immigration problems; o are arrested with
drugs or weapons in your possession.

Pleadir

Pleas fall into two categories: Guilty and Not Guilty. Only plead Guilty if you've
negotiated a plea bargain (plead out). Ofien people plead No Contest. This helps
protect you from civil lability, but s essentially the same as a Guilty plea. If you
can’t reach an acceptable plea bargain or simply want to have your day in court, plead
Not Guilty and goto trial

Judges are required to take silence as a plea of Not Guilty. Some people make
creative pleas by saying something like: “I plead Guilty on behalf of the U.S.
government . . .” or *I plead for the redwood frees . . . ” Judges usually end up
interpreting these creative pleas as Not Guily.

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‘When you plead Not Guilty. you will be given a trial date, but that doesn’t mean
you actually have to go to trial. There is normally a lot of negotiating between
armaignment and trial, so pleading Not Guilty is ofen just an opening move in the
bargaining process. You can change pleas from Not Guily to Guilty 1o accept a plea
bargain at any time (but not vice versa!)

If you're not ready to enter a plea, ask the judge for a continuance (an extension).
Nomally, judges will give you a week or so 10 discuss things with your lawyer (or to
finda lawyer).

Ata loss for words at arraignment? Here's a mouthful for the judge:
Your Honor, Lam in solidarity with all the other activists here. We want to negotiate
collectively with the prosecutor to work out a universal plea bargain. Uil then, I
will not give my name or promise to return to court if eleased. 1 plead Not Guilty; I
do not waive time; and I request court-appointed counsel

‘When engaging in Legal Solidarity, i is strategically better o insist on a speedy
trial as a group, which will overburden the court and pressure the prosccutor—giving
you leverage for a good plea bargain. If you are facing trial alone, you may want to
Waive a speedy trial, so as to increase the fime available for your lawyer to prepare the
case and write motions. This s a decision to be discussed with your atorney.

‘You should be in court for every hearing. Although someimes you can arrange o
have a lawyer appear for you at a hearing. it's better to be there in person. Your
presence shows the court (and the media) that you care about the case and that you are
ready to fight. Also, being there ensures that you will have input into decisions and
Regotiations that come up in court

If you have a trial, you have to be in court for every day of it._If you miss a
scheduled hearing, the judge will usually issue a bench warrant. If you have an
outstanding bench warrant and get into any kind of trouble (e.g., gt pulled over), you'll
probably be arrested. Judges may accept extreme excuses for missing a hearing, like
funerals or medical emergencies. Conflicts with school or work are not acceptable

Trial

If you insist on a speedy trial, the trial usually occurs 30 to 90 days after
armaignment. If you waive your right {0 a speedy trial, the trial might not sart for many
months. In both cases, there are usually hearings to make legal arguments before the
trial itself.

At trial, you can testify if you want to. Your lawyer can have cye and car
witnesses testify, as well as having witnesses testify about your good character. The
lawyer will cross-cxamine the witnesses who testify against you (usually cops) and
will make opening and closing arguments. If you represent yourself (pro per o pro
se), you doall of this yourself—it's agood idea to have a lawyer asadvisory counsel a
co-counsel, to help with technical matters.

‘You don't necessarily get a jury trial. The rules for this vary by jurisdiction. A
Legal Solidarity Handbook e midnightspecial et

7

bench trial (a judge but no jury), means that the judge decides the verdict as well as
deciding what will be allowed as testimony and evidence.

LAWYERS: WHAT'S THE USE?

There are some excellent lawyers with good politics out there who can be great
resource to coordinate with the legal team for the action. The legal team can be a
working group for the action, an independent activist law collective (e.. Midnight
Special, or New York People's Law Collective), or a combination of the two. The
legal team may or may not include lawyers. Usually, there are progressive attorneys’
associations which will want to be involved, like the National Lawyers' Guild (NLG).
Also, public defenders are usually interested. Public defenders are typically well-
qualified attorneys who represent low-income defendants in criminal cascs. (When the
Public Defender's office cannot take a case, the court appoints a local private attomey.
who gets paid by the government.) These lawyers tend to be interested in helping with
exciting political cases, but many of them don't understand consensus process or
believe that Legal Solidarity can work. It important to have clear communication
with lawyers atall times.

Before the action, the legal team should hold a few meetings with interested
attorneys to work out roles and responsibilities. In the Jail Solidarity stage of Legal
Solidarity, lawyers are used primarily for their ability to see you in custody—they
transfer information to help you coordinate and make collective decisions, they help
deal with problems that come up (like medical issues), and they can answer legal
questions. Also, ' good to have fiendly lawyers present during araignments.

If you have prepared for arrests, activistTawyer pairs from the legal team can be
available to visit shorly after you are detained. The cops or guards frequently lic and
say there isn't a lawyer there 1o see you or that you need to name a specific lawyer.
You don' have to know a lawyer's name —justask for "someone from the legal team.”
(If you haven't made arrangements, the situation is different. If you have a public
defender, you're not likely to see her until court. With a private attomey, you may see
her sooner.)

These lawyers are donating their fime and you should show them respect, but
remember tha i’ important for activists, not lawyers, to be in control of their own
legal fates

Lawyers ang

At the Court Solidarity stage of Legal Solidarity, lawyers are used for real
lavyering—they prepare your case for trial, write motions, 20 to court, ctc. When you
move to Court Solidarity, you will need to have different meetings with lawyers.
These meetings should include all activists facing tral and all of their public defenders.
and court appointed attorneys, as well as the legal team. (The activists need to meet on

Legal Solidarity Handbook ey midnightspesial.net
8

their own ahead of time to get on the same page.) Note that this is a new group of
laveyers who may be less familiar with Legal Solidarity.

Again, it's important that the activists maintain control. Give the lawyers
questions and instructions in writing and ask for responses in writing to be sure that
they understand what you want and that they do it. Above all, approach public
defenders and court appointed lawyers with the understanding that they want to help
you. Give them the chance to lear about you and your tactics, rather than rejecting
potential allies simply because you got off on the wrong foot. If you get a public
defender or court appointed lawyer who won't consult you or do what you want, ask
them to withdraw from helping you. They may help you switch lawyers. 1f they do
not withdraw voluntarily, fire then (during a hearing in front of the judge, if necessary)
and work with the legal team to find another lawyer (or gopro se).

Lawyer Concerns
Many times lawyers have concerns about Legal Solidarity. Share writien
materials on consensus process and Legal Solidarity with the lawyers,including this
handbook. - Urge the attorneys to consult with colleagues who are experienced in
Solidarity-based criminal defense. such a the legal team for the action. Here are some
typical lavwyer concerns and suggcstions on how to neutrlize them:
= Attorncys don't understand consensus process and worry the group will
coerce individuals.

o Explain that none of the tactics require everyonc's participation to work,

and that people who need to cite out or take deals are supported.
= Lawyers worry that collective plea bargaining is inherently uncthical

o Explain that you want a plea bargain that has equal impact on cveryone.
As long as cach defendant is making an informed decision,the attomey
should not have an cthical dilemma. Also, explain o them that Legal
Solidarity often results in superior plea bargains.

* Lawyers think that anything is betr than staying in ja.

o Explin that when youdo jiltime in geoups with outside support, it isnt
as bad as they think. Also, it s belter to spend a couple of extra days
inside with your fiends in order to get a zood plea bargain than to have
to deal with fines (which put money from your pocket direcly into the
system) or probation (which kecps you out of th strets),

Vocabulary

BAIL - Amountof money you uy to the court o get outof ail before your trial o
plea bargain; you gt it back when you show up for your trial.

CHARGE - Accusation that a person has violated a law.

CITE OUT - Being released from police custody afler signing a citation - a promise o
show up in court (or sometimes pay a fine, like a speeding ticket).

Legal Solidarity Handbook e midnightspecial et
FELONY - Serious crime, usually one punishable by imprisonment for over one year
(e.g. assault with a deadly weapon)

HEARING - Proceeding to discuss the case with the judge, but not e trial tself
‘There can be hearings to file or answer motions, to request lower bail, etc

INFRACTION - Small offense usually not punishable by jail time (c.g. jaywalking)

SOLIDARITY - Protecting cach other through group decision-making and action.

LEGAL TEAM - Activists, and sometimes local lawyers, coordinating legal support
for an action.

MINOR - Person less than 18 years old.

MISDEMEANOR - Crime punishable by a year or less in jail(¢.g. trespassing)

MOTION - Legal argument towhich the opposing lawyer or judge must rapond.

SENTENCE - Punishment ordered by the court if you'e convicted.

Thanks to everyone who contributed 10 this handbook: Paul Brinley, Mike
Esmailzadeh, Kim Feicke, Katya Komisaruk, Rachel Lederman, Kate Sopko,
.y, the New York People's Law Collective, and all the Janes and

ed on materials written or

Legal Solidarity Handbook ey midnightspesial.net
COURT SOLIDARITY Introvucriox

Logal Sliariy s sty tha s b s 1 pratetpeple e they're i th el sstm.Jol nd
coun e e o ke Jou il poers, bl g SOy 0 £ e comolovr Wt
s o you. You make s happen by making decion 0 3 rou, g i ity ih cach thr, and
commiting yourslvs o sfguaringesch oher. gl Sodarity b b sed sfectel for decades i he
Gl rights, s, entoenctal it corprse, 4 b o events 1 ke protes more S and o
o s who wers e

MWhy Court Soldaity b Important
W s LegalSuldry i affr o o peaie who st o et b it vilece from eting

sinlad ot forBarsher rsiment il and cort (5. peopl f oo, imigatsand o US. iz, ple
Wk sppar o b e o Who B B, popi Wi i s ks, o g WAL, pope
e 3 ol ). CousSoidant il popl wosking togher 0 Tght hei gl s n s
Setsicaly speaking he st way oo i o s s gt of mmber 0 ot pesure o h cur Sy
I der 0 1)t exesyoe's s dismisid, 2) ke e i € gt 0 by cvryone, il
Cover venone d will ot Ko hare et o e n vl o3 i con' e don, igously
Al o and ok s g0 1 el vty ot 3 song e

Tacrics axo Dexaxps

At i scmehing you do e st o sposly i) A demand i scntin you k(.. i pls
gt Vou b tcics st demas et o8 'l i o it o gy il s e .
e brgan. Machin et o dvands et s Lol Sy,

Some Court Soldary Tactis
e gy e
i o hem o hold mamy i, clging the ourt st
- s thscourt appoint s ey b sprsen s defendt
" i crets 3 vastamount fpapeark o th cout and prsceion, a5 well 5 huge
expene
+ s ana specdy
6 i foces them 1 g sveryone 0wl it spproxitely 90 days (depndiog on

siction) o your s cort sppesrance, s opposed 10 schedulin il it g s .
hrcomvniene

+ fighthe e visorouly befoetial b subaiting ot of otons sl g It of hesigs s court (.
ot gl gt he e o e has o v, sl i W)
T A ——

Some Court Soldariy Demands

" chage sl snnce i comsponds o the " o allegedly commited (A5 vl ko, soupsof
peupe el for st oo ppussiany the e syt o ouyagens chires ndox
Setecen

© S chars o everyons (s s o idividal)

© S e o veryone

£ s andorsenincecamot bave e it on mertonals

e A S e s
PLes BARGAINING

1 he S, oty shout 15% il riminal casesactully 010 il Mot of h e ther s 3 pegoition
Bt the dfondan s he defendants wr and he prosceutor clled 3 ple b, By cceting &
e b o g led iy (¢ i) Pl (WAl ) i b e

Because o thelnis of ey, whe o of activist e srsted g ad e wing Sldry
b i poer a5 portnt 10 e et Yo i a5 10 g lea
hcgan but 5 al mprant o g o peepars o il lin o yout vyt abut o (s, DI

Cvbnce, e s, ). T praseuor s nor [kl gl b o he Kns a3 s

king oy et bt hat all of Yo e ey 0 £ 5.

A Tt ot mporn dand o e b ny i srou of s i veryane s e
e dal THS i it 1 reent ageedividal o e segled ut o s s andor
St Peoplewilh i comictions pople s pobatio, pople s vith o, ad s citcns
e o bl bt i hee coscred b he e pls g wll b e e il i kly
fobessicking i o e prsection.

W the prosccutoror e e desemined roup of st the barganingpeocss sl seods up.
For s ston, & s bl he actvists el e 0 36 Wit Proscouir o Jdgs 11 group,
I aving the sy gt o thm. Th i 3 vy il tin 0 d proicuton I 0 be i
it e kol i, it Ly, 1h Fal, When proseuors v S 1 come 0t
Kb it ad e el supor e formd ot s 04t spokes fr s et

I ndr o gt ey, h whol aoup st e on e rnge of cargs snd seres o't
ilin o scept nd oo s o the ool g, 111 gl o s o i of llack
st bt . For example, “Wo wil ot Scept y prolon. Ou it prfrence s S borsof
Commniy snic, he 10 b e 2 bowr, ho 20 i, e S20 S bowes, . o bodom i
5520 i s 100 s f oty ervice

Possbe entence Compones
s sorn hings o ca b seencd o e e

e srved: Evey dy o petof .y spe i usody sl couets ovardyour senence
I divcrsion proar, o docommuniy srvi a7y an it . The chrges st
you e then dmisd, 5 you o 6t comiction o yourrcted Howeve, s and proscutescon sl
S it you ok diversion fortose chaspes. Uiy, Yo ca oy gt dvenion for e it s araing:
Diveria ol connts o o comicton nt 4 dnioal for om0, cicens. Diversion progrms 8 by
ariy f s et deredposecation, dsposionsl contnince,
Probation: There st ki of oo, frmal snd nformal 1 youte on el praion,you have &
prbatin offce o nake e about who you can s, where o i 0, how ofen ou et d st e
O o formalpobaton (cmetmes culed out eabation), s o e ofice s
Tapens ules vou g st i, 11 you re acused of vl yourpeobaion, you will i oy s
Soamlned besin, not ol i 11 e docids tha vou i ioatepobation. Yo may b et 0 il
Obviosy, being o pobation will e wib our pricpaion i ofher st of e
Fios: A Fin 3 ey pi o the goveroment. VUpeh o S posa, psahy ssessments s typialy
a3, which ey doubleor il he vl ot Make st you o ot Gkl how i Yo' ging 10
oy beforesarcing 1 ay e O, thae i sandud et atched o cvry encnce. 1wy b
Gl cout e, v fd e o rsition i e Aihough the posctior may el ht e ne e
andioy and somnesolsle, i the s P 2100 v 5 Sl s 10 gt o the
Spenion o s i

= N Spc Lo Caliine 0145 ot
Restason: Rositio is money ped 1 the Vit (whic can b 4 gvcrnmunt ety i you se b
St fo havin danagedpropeny o Sole sl A, ke e Yo auk exacly b e
S g 10 py blos gty .

Communhy Serice: Jadgs sn ssig et umber of comenusity evi ours nsed f s e, espeialy if
10 deendan b o ncme. Yo 1y b 4 0 aegoie st whes Yo ST SV

‘Some things 1o decde whenclltively psgoinin pl ar:
Will i l i covee xeryane et ht dy, o oy the eople with spocfic chirgs?

How mch moncy reyou willg 10 oy b fcs?

How mch cormmuaity snice e you willin o d?

How mch e e youwillin 0 e 417

£ Willyou ey probaion”

Note: Koot pefoig posions s, Thee esings should b closd ad e s hould ot be

budet e, ¢l

Courr

‘ot i cutods,ths i s i byt 0 i you t0court within two busies dys o s
oo sy posile dependin on b, 1 Soue o et held i, Yt T cou ot iy
o i, specilcses,mayhe over, S Yo s

"o it heaing i sl thoe sepate hearing rlled ko one—ihe appintnent of cousel, e
asigement, and he il heaing. The appoitmen of coase s when you decide who Wil eprescat o
Jourcl, pevte somey, o courapoed wyr. At smsgnmes, Yo fndout th chrks At Yo,
S ol s e, Th bl g fc s o el s, b, o 1 115 O S0 o SoEREMCE
or)°

Plsding

Plss o o cotegois: Guiky s Not Gy You gobably osly want 0 plead iy i youve
seporited b plea b (plead out). e of pleing Guiy, ol peaie led No Conest, which s
Cabivalnt 10yl bt elpsprotct you o et s Lt

1y can' each ' acepale s rgin o Sl o e our sy i cout,ld Not iy and
010 il Judac e ried 0 ke siknce s 3 ple of Nt Gy Some peaie ke crestiveplas by
Syin somethig ke 1 pled Guily on bebalf o he US. overmnen”or - e for th s es
e sl nd up neprtin hese crsivepls a5 Not Gy

Whenyou lead N Gy ou will b gven ) s, ut s dost necesarily s you will g0t
il Thes 1 bl oo sotlng bt et sl o plesding Not Guiy b e st
opening o n e gaiin proces. Y o cunchang les fom Not Gy 10 Gy o 3ecpt ls bargain
S e (bt st e vt

e ot e oo ls, sk the e o contance G xinsion). Normal, judges will v
o ek or o0 disus i wilh your lawr (o fd yer)

A e, e o e e, s o hake deminet (proeced d-r). 165 pocatue
i ou i that e i Somthing wrone Wi he charses g Yo sch 1 +sgienes) Tak o 3
Towyr o s whethe thar's 3 ald gl o il resson o ke one Usually,the prosectr i even &
Shane o coiet Y ol csd i Your . Though ple il il have o be el the denris
iy S ot e £ s PSSl e PTGk Desers e ol peeited e cout

Pt Nt Spc Lo Caliine 0145 Cout

e besn bolhed i fderl coust

bt souriht o spedy il 1 Calfori, i you st o spcdy i, the i s e schdledwidin
3 day o you agnaen you's ot . i, and 30 oy you st O uisdictons have il e
T, 1 o weve oueht 0 oy el i might st s sy s

Wen cnagins I Logal ety s Ssally Sty et t it an spcdy il s 3 sroup.
i il oeeburden h ot andpresure he proscuto, iving v lverge o 504 ple b, 1 ou
ar g il lone o ity fw athers, o0 iy At 0 WA 3peed (rial 30 3 0 ncrease the
Time avalble o yaur awyer o prepar th case and wrte motoms. Thi 3 docsion o be iscised
your anomey. Iy ad you oy 86 o ot e o epar 0wt il e PpIOOcheS, Yo
Sunchoos WA your Aht 10 sy il s nrbes e onc yove v s,y cank o
e

"o tht waivin you ight o spedy i caled “waiing tie”. Don't b foled f s judge says
“Sure, youca e spdy il Do you want 0 waie e

bt soutiht oy sl Vou dotecesaily st juy . In st our,you st bechrged with
et midemeanor o 8 ury il I GderlCor, 3o s b chrged i sa offese o which the
i e s s s s et ry il This et ol out o i
st misdmeanrs. A benh il (s g bit 0 ) s st the g ecdes e venit i ddon o
dcing what wil b allwad s sinony o vidence

bt ol il g sl ot ol discsson i il on s grunds st would b
imlean. Lawysrs can someties gt st he s pobibiton, Dt s ricky. 1y e erestcd i o
only policiingyour st and chntes bt the sl yu Shouk Tl 4y ot Nher iy o
Tk polial argmen fo yourpariculs cse s th s s he enenes You coud s i ound gy,
i, when inkin st & -sho 5, e shoukd 4 h ancun of e work hat e b do Srund
‘s dividan el

bt ousight o coutppoited cousel T o o be il T court appoited ayer, & percn st
prove i o hrself i b ndigen (. your cxpenes e sl 1 mor e mount b ). Your
it s 1o ot wher o s 0 whet o o, Y can ke yourseves ad Yo grp
15cic e viibl b uringin 1o e i o Pk p o oo o, 50t ey 6 s What
i fpacevork o il e

Lawvers

1 you iy for 8 court sppoiied atomey you sy be ssignd s o he Public Defender ffics,
PUblC deides s yers who epeset b ncoms e i il cases 1 ey camot ok 8 550
{d o colitof st o Lk f ey thcoun il i o privai ey o s pad b e
overmen. Thes awyers will prbsbly want 10y, bl sy o i consnsuspocss o e
T Coun Sldurty ca work. Becaue af s, 5 mporant 0 o el communication with s 3

Thre are som excelen awers it sod poles who can b & et rsouse. Usially, thee see
posssive ey asoiations, ke he NotsnalLawyers Guid (NLG) b canpot ou n e dicion of
pognsiv awyer illn 0 epesct it S ko o een s oo

Court Solgasiey
When you use Coure Solidriy you will s fo v eeings with e awyers. These stings shoukd
incde s g il 1 o e pii defnder and o sppoited orney. (The stiviss

Pt NS Lo Caliine 0145 ot

1o e n e own e f e 10t 0 he s ) ot yous vy 0 communicst With h ot
Teyrs elved i e con s wilh ny s upportpopl, ncudig s dfents

s il coutcae, 4 il b awyr ] hey bt do 4 i 5ty ca._Usig Cot
Soldry meanscveryons s wokin oger— awyrsad aaits k. So i tere e S0 people srested.
D 30 S0 aeyrs e 0wt oo, Sar gy, . and 50 vt and s s s s
10k i hem o suport ok ke s and i

i imporaa e h ctist o tat oy soukd b oekin withad forhee s, G lawyers
quesons snd eucian i wring and Sk o o i w10 be Su bt Loy desand bl Yoo
W and h thy do . Above i hovgh approach puli defendrs and cour apoiied wyers wih the
et i by Wah 0 help Y. ive e dh hance 1 eanabut you s yout i ors Wi
Ther ofT 1 o gt publc defndor o coutsppaniod lvyer who ks docions without consulin o
{800 ot ke you e sl 1 ke i,k he o Wb o hlin ou. They iy bl
you swich Loy, ey do o il olutaey, o an e the, bt ou il v 0 nd ncter
[

These i sl th option o o sepesnting Yourself (esing o e s pro per) i il 11 s 3 disio
Shouk ot b e sl ol b diScieod with & gl oy, Then s ek ut hrs 1 i
people who want o defend themselve, bt mostof th el vl concer (il and divoree . I
Joudo e you it 0 epesentyoursell, e Sugaet baving 3 Ly 2 co-counse o iy cousel 0
Tl you et yourcse.

Lamer Conserns

My imes s have consrns boutLaga Sty Shere writien el o consenss peocess and
Legal Sy wi the vy e, nchding i bt Urg the ey o conslt ik cllages who 1
xparicned in Soldrty bsedcimaldeons. Hens 873 Soupl Yl lawyercons snd Suggssions o
oo ez

+" Aornes ot s coscnss procs and worythe i il occe il
= Explin et o af e Lacisrquie veryon’s aticipation t work, and st pocple
Who st it ot ke dess ey suprtl

+ Lovyer won o calciveplea basgsning s beraly il
" Explin tha you want o e bagai that b s it on sveyone. As o o esch
delndent i making an informed dociion, th ey Should no have an chicl
lcmna Ao, cplin o T that Logs Sosety ofen sl s supricn lea
s

Note: No-US chsens st have ol
pla bargain.

Jaraton atorne checkon whethe €5 sfe o take s given

Supvort

Lol Sidary i ot oy canied out by the ecple i il o fcn i, but s by suppores. Support
o iy ad s il ot sucss of Legal Sty Here e o s o rganizing i and
countsppon. A s, i ok s st i our ey lad e vy

Court Suppors

- et st bt by hkding s and i e coutous o theday f i o dhe st o

£ Wie e eeses and b s cnkrenes,

O s el e e prossor, ey Bl e, i . oo
Sfh vt g il

. Findou Whathe g and sl v s 10 thr. Orgaiv s o people o e conunity 1
Tiendly medi to g0

Pt N Spc Lo Caliine 0145 ot

- Tk motsan whatbapens il s corsolidte them o veryone’s s, Pay ationfo: e f s
and oy, e 7/ docket 5, ) dcisios 5 e

+ R money o gl xpens.

T Ve Vil e e

Collac vdenc and do rssach
[y ——

Coenecouoms dispays

Counlints Voluoers or Vol for Couroms Obssrstion
ke auesonaiefr oy Selectontvoi die)

18y v any quesins,call Midigh Specisl L Collctv t (S10) 341483, 1 wecan' asw i, el
i oo who o

N Spc Lo Caliine 0145 ot
Legal Solidarity Workshop

-4 vier, 4 hors

Wallchars ~ Worksho agends, comensis piocss, arsignment 8, cou saliduiy 1acics, 1 fow blak|
et for rinsoening
Props - Handouts,role play cads, ape (o mark s butons, cophas, e culfs

INTRODUCTION (Smin)

+ W MSLC, Were motawyers — w'e ctivists with experence working wil e L

© Lt questions 1 g the xperence oftheparcipnts. Sample Qs Stand u i you've b 4
protest: ued consens decson makin: fclted mecting: been seestd: wsed Legal sldaity

+ Forus, themeuning ofsldaty i ain care o esch oter g seop dcision-making ad sction. Tn
b iing. we s focusin o uing sl n e gl sy,

- Legal Solidarysctgies work best when thers e e b ofpls and whethes pople e
e and commited. Whtgualife s 3 age umber s elative — for cxmpl, i ke o ower
poope forfectve Cout Sy s frsfective Jul Soliary.

© There o o nformaion we want 0 8o, 5 You ca s by the sgenda, 1 sou have s guestion.
ook e i might b amswered i the g, 1 you e qestion ht does o e e
answered, el beBappy 1o s it he e o the worksh,

© Mostpople s won' e sone eough i ing 50y will e i he o the bus o
i, Considr i rieriing.

- e us ol plays i You the exprincs of being st beng i slidry, . withou scaly
scting arssed. Youtl e b semember more when you ul pricpse i the. We wantyou
o have fun i the roleplay, bt e s want s ke thr el

- Some o our ol laysar pysical, d the i cun b scary. 1 you dos't vt o panicipue,
PLEASETELL US. 1+ o probles for s el 0 b o ol play ntead. W s b e you

s pt i i s o e fyou byt e e

I TALKING TO COPS (Smin)

© When itracting with the polc,there's o such hin 3 sl comersaon Anythin you 3 0.3 c0p.
e sy circumstances, can b sed it Yo snd youe e

+ Cops e, They may sy things ke “Thi i st beoween you ad m.”“Vou bve 10 ll me i
doncl e,

Aty

hove o st you:

© Youneser have o ak o3 cop. The oy ey e sy i s wben You e youe e 2
s dring boing. fe you e arstd. Wo don' provide ven i formation i e chose 1 e
s Soldary s el sty

- The st ting sy 0 co. i “csusl conertion”, din st and s, s he Magic Words L
soin o remain o, | want 1o s 3wy [everyone says it ogethr]

1L ARREST ROLE PLAY (10min)
Roles: Two cops o pncpans

Prope: N

‘Scemario Psicpas e lockin s i font fthe GAP. Thscops come and sy things ke, We't ok
g 0 st you, we st want 102k some uestions, Wit grou e you with? How long do Yo plan
Stay? Who's i chsge " The cops ten st h s chae sy tey e chsgi b with
incting oot Cops o NOT resd Micda sighs

‘Debricf (Smin)

© Copsdo't e 10 el you ous ights ol iy e srested andhey want o qesion you. The
e g hr ol deepe - disuss why (i o Ko you' s reaking te v, it pri
ofeses )

= A tings ver s whn you k0 th cop? Mayb, Yo might ke your siation i bt by
{lkin 0t cops, but mos ikelyyoul make i o wose, Adtepeys sy it ighpecenage ofcses
R ———

- What shouh you sy The Magic Words 1 am going 0 s . | wana Ly,

. Repest oeplay this e paticipants don' o ou e “edr” and when o s aested, e sy he
Magic Words

IV, LEGAL SOLIDARITY (3Smin)

A-Definiion (10min)

Aok s amoyone bca st n & on-protes contes:Ho was ! (lating ey, i)

© LegalSlidary b sty by which we et exch s hough group decion ki ad actio

- il andcout e dsigned o bs sl bt by workin ofsthes e an e i positonofpoer, even i
sl rous

+ W us Lagal Sldarity 0 ke us s — ot ol i the e, bt s by Kecping vulersble pople
o et sinled ou o b esment i il s couet

0 Explai b some o argeed (. s, eaders”, peope f oo, )

gt way 0 ke care o sch e s 0 e e B tht il cover excryons and will o
v s mpct o on-US,ctiens and peole it preoussconds o stkes.

Wl more abot wha il b ight ok L Lt on

+ Disinguih il & Coun Soldanty — il Sy i mosy - compeaton, ere Couet Sy i
mosly sing your onstitionuights ud coetintin Wit succbe. Though Yo acics will b
o, your it sou i il d Cour Soldcty i the s — o et i e

B- Tactics and Demands (15
= A demand i sometbing you i A i somethiog You do inorder o et derand el
+ Branstonm some denands hat you g have i youe o on s

0 v am jured ol prson immedite medical atetion
o beng some watr
0 reum a person who b been sepuid
0 allow sroup visits withou gl eam

- Demandschang dsprding on whers Yo i the proces (.o s b, dvand ight b 0 550
bosked in ives o tns o evp sate)

- Brsnsonn s et il Sy

0 chantin, sining o dacing sl

o rfsing o ollow s

o soing b,

. doin e apposi f it the el you o do ey s s p.you i dow, ey s 3.
down, you sand )

Nose physcally non-coopesin could possibly sl i eistin st chages. Howeve, o xperience

hese chargs disppes. AL, You coud e et p.

+ Goover soing i safly andpcice

- Thisi sk ] smpe ofposible i and demands, Lot you sty s the ttion gude you
W wilways be more ceative than the syse,

- Nonooperuion tacic e fen vy efftive whenusd by 4 e group. Ope person ot giving ber
e and going imp every e she s moved s nconveienc, 10D peope doing hesae 1.3
logisial ighmas

+ B poscive (e, fnd o ho's ulcrable and move e 10 he bk o the b, swich chotin, .1

- Match you tacto 0 your demands—make sur the st chsensfct e peron wha ca et Yok
e (e domt s Yo chat sl Yo g unversal la i fron e s - e cat e 10
ou. Yo coud s i actc o demand s0ms wte o aphonscll

I tactc et working.sclte, bt make su you o bum yousees ot o s Your s o
[ ———

+ Db, I you don't Tl roush o Yo proises, th cops won' Bl you i h e, and
b will ndemine you colective esotting et

ShOUIOUE: Trstners prsen s andparicipants ot ot s and dnnds.

C.Communication (51
" You must commuicae your ites and denands 0 s (gusd. prosecutr, )
© Tell e We want <demands.and e going 0 i il we e

= Becler. s pokesperson s ht oy oe prson s alkin st 3 e

+ Rosatethespokesperson st she doest gt rgel

. When vou have 1o zetout of il (5

+ Sometms,poplecatcommi oy i il

© Legal ol i tskin e of esch e hough goup decsion-naking s cion. ot siyin i il
o st amount of G I ou cart stay il e gt s o whateves sl you dhuld be
suppond.

+ Pressuing someone o stay n il i ot ain careof htprson. Istead of senghening sclidry, s
Soes aaist s s principes. The sam goe o o pople o s ittt hy ek

Lo Sy o o f
contonsble with,
- Youdoo' ned everyons o partieipt n 3 st ot b ffscine, but you d e everyone 1 el

Supponed o schiev the gl f sl
© There's ot of suppon work to b done orside il ke volumeeing i the legal office, axgnizing &
phone call cumpaign o il i, e Check out our Legal Sty Zin o e o

V. BUS ROLE PLAY (20min)
Roles: 2or morscops, 15:20 pricpans

Props: flescut,batons, cop s, il clipprs

‘Scenrio AL it e cutedandan polic bs. They bt wate i s A peson s st
s il Wi cop st come o b, hy iy 0 ke the st o, The ey ends wher
pricipants e conssus o choose and priie tctissnd emands,ten el communict e snd
escalate s et

Note: This tlelay i sbjctiv. Triners cut b il with solidry Lacis o ke whea 0 endit.

Debrict (10min)
- What worked? What did?

+ How was you decision making? D peopl el comforable it the decision?
- How was communication? Do you ik it vas ffscive?

BOOKING (10 min)

= By e i you g bookin, you' bssxhasted,bungy, iy, andposibly confused, This mesns
ou 0 s kel cauperst ut o Babi. DON'T. Yo mightchaose 0 coopre becase i's
s, bt do s coopeete ot of bbi.

. During Booking.cop will sk you quesion (ke yousmame snd s ke ous e and
ingerpins. They may s sk you desled qestions bout what s wre o, 1y wat 0 e ot

answerthes guestions sbout you name and s, bt g he.

Chln out mesns they will e you o thecondiion that ou sign i, which s s s 0
appeas i coue. You Kow that 6 citaion ecause i il s e the ot “This s ot

adnissionof il
+ Regola bookin s thorough, possbly avolving st seach
= Mol booking wilprobaby b curory and they 1 ry it you ghtthere (4 ot eony)
FRTR R ——

* “espons Gncuding etbermen, small s, )

* s yes. ncudin pou)

[Pp— s i
T p—
© any D 8y e o Ji Sl

+ Branston resstance tctics o bookin (0 e,y Fce ingepins,going i, ). DONOT
(GIVE FALSE INFO TO THE COPS — s ca e 0 sddinsl chigs

+ For miosofenses,the polic will sy ce ou ot e bolding you 0 e b

- 1y e s the actc of ot i yous e, ey ok i yu out o st Bldyoui il

© Cops & sherts might et o s e, o sl s . you st

© You dothave 10 ign anyting, ven proery o thy e suposed 1 vy your sl back
et you sign he for ot

+ Goover e condionsof selese (OR, B

VIL BOOKING ROLE PLAY (10min)
Roles 23 cope & pasipans

Props:camen. copbas

‘Scenario: Book. 3 or s prcpuns. The 1 shoukd coperae fuly. The est sbould experment i using
son<ooperaton (Tel hen hey e ying 1 gt separated ind bock with he gr6p)

VIIL ARRAIGNMENT (10min)
+ Youbosinusing Coun Solduity when o s srested ad sy the Mg Wosds, 1 i 1 e
lent. vt awer” You contnse s t il you'e i il and scignmet, (o st cous
appeesce) by ot waiving any ofyou ighs
+ Ariugoment cout ppessnce can be e et pr. Bl why (your dcisions e hve o
aching mpats, s bvios what 0 do )
© When you e CourSldary s,y sa s (o communicat 104wy you s
+ plsd oot iy
. this o the 1o bold many i, clogog the cout syt
© st e cout apint e atorey 0 eprsen schdefendant
. this rste Vi amoun ofperwor or he cout n eoscus, s well b expense
[rer——
i oces them 1 b veryon 0 il ik abost 301090 dys (dpendin on fusdicion)
of Your st cout apessane. Otheris hey ca schedule sl o st g e, t i
+ You o figh the case vigorusly befre il by subsitin o ofmations nd i s of
[——
@ this puts i onthecourtbursacrcy and proscutr

[p— s s
IX. ARRAIGNMENT ROLE PLAY (10min)

+ Acgamentis when ey scualy et you Know what o s e chrsed i, Inthe i, scigaments
Have b Bl eore peoe s s i ot 0 s s i Sl

+ Proscutns,cop judge, lawyers - may ll e

Roles judge defnse any

Props:None

‘Scemari: The cos hadold the actvist hey b 4 flonis s 7 misdemesnors. Nov at acsigant:

Anunknow defense sty bustes the o the coutroom. Thy i they s chrged with 2

isdemesnrs (Unlawful Assnbly & Refusl o Dispes). Judge el each prson hat s solidsiy i’

s hapening —most fyu e have s b and youshold g bore, o' Dense oy

s 0 b member of h el e and rports bt “scidary i ot you ol i o

Puricipats st esst th s and et the Coun Soldarty Tacte. Thenthe e sks the 1 wae theie

st

Debrief (10min

+ Lesalteam il vy o communicte with you

+ Exeryons may e ying, 50 only st he peoplethat you . st

+ ouwontbe il o month

© This s personal dcision -y cam it out i you want ad Yol b suporied

Iy out. cotaet he el a0 heycan R you updced ol bsgins and chaes i el
ey

X. LEGAL TEAMS (10min)
[T —

© Lawyers e ot s charge. B carful ofpoer dynamics. Lawersae s 0 bing i cotol. Don'
e thems make olica decsons for yon, b e dilamti e we e 1 hve god s
il them an chces e they ars uying o bl

© Thelegal e s ot e, e

© Bransonm what i g s oes: Providecommunicatons between popl il ik people
g the sy, gl ifo (bt s ey awyen, ot el i), oot f ecesay, do
Jegallogisialsuf ke woing motions

© Bramstonm what we o' do: Mk pliial decsions make sny decsions o pople i il whea ot
empaersd , pay bl

+ Contcing the el e,

e person should v informtion o veeyone s the okdincll nd veryoe o he b,
pussible: icknam, sy roup, bookin 3 andlrbscele 5 chares, what location they were
e, et Ths reduces he # o calls we gt s Keep he ies ope o s peopl il

© Icalling from i, phone call il b moitored o recorded (dn't o alegedcimes,
[S—————

[p— s .
Mo anyone sigled out o hose obviously sk (bt ot by el . s folks, ured,wel-
Known orgizes, “punks” orpople dresed i black,paole on probuion peopl rssened it
o seious chargs, .
+ Havealegalsuppot person’
Thsprsomshould have s coma & wherthy ca be reched,nd 1 he el o vhat 5.
Tha#shod e e seconedaneyou call,fe e lega .
Thisprsanshould b contace vithyoue il and rieds nd bt ther know wha's appesi
S50 e lgal s docshave This erson bas oue ID & 5. because s exemels dfclt o
he gl s o gt hese s o you
© ek out ur Legat Suppor Person Handoot

XL JAIL ROLEPLAY (15min)
Roles 23 cop. 1 awyer

Props: o, b

‘Scenario Pople s bing ek i the e space o i 7. Thrs s o phes. No watr. Nofo. No
thsooms They'e bcn there for O The el eam s i g 0 e them. The o i 1 et the
el cum i 0 spesk Lo thns i s,

Cons
“The roup st s uctcs and sclte,ue clesecommunication,dcid vhen tostick 0 uns & when o
compeonise.

Once . owyes doss i gt sty and i take charg & gt e 1 i ot or i el hem
bt do. Thsgou i 1 et nformation from the awyer and sk the yer o s with thsconditons o

contnenent.

Sy youcam ol allow s i viss. by el o roup Vit

‘Debricf Gmin)
e el e ffctivels - shre o among groups of et deal with i & condiions of
confnemet. Nottomake dciions. B ice bu 1o awyers,

XIL TOUGH TRUTHS (10min)

Thee g ruth.” wha v s bappen i o sxpetience ut o s o disconregsyou o

doing everytin youcando o prsect esch b
o) Fating s vry dngerous! 1sbould b you st sort

© Chnin) Once peop e emove o the roup by he . INS, . hy't kel b eturd

= Clin Theywill g s prope, ol he s we've menoned, bt sl or actin ke you
Koo what you'e do. 1 you e obvions he el rhers s Ll Soldsty and i g, you
o e denified 5 eadersnd 3 eoblenskr, ad could sk soation.

© Chin) Bty ot the b fcops nd s s el and dungerous. Activits can sl st bt By
ing on-copuraion tactes, you sk psing the gl of

[T— s ’
1 ou ne sbsed, btz st o harassed i any way. emembes e fomaion seound he
incdent s, bdge s, hat s il ad don, s, ) cll i o the ezl
e, il ut polce miscondetports when Yu 56 0t~ e e e
(6 i) Floies,nom US chizen, people wih priss o o probation
© Puople chsaed it eloies, o US iizea, pople with s o o probation. . e sost
cenily going tob sickin ot i egtstons
© Remember hatcops can e aboutcharses,evidene, et
O Mutdecide f gting el inludd n e ples g i st - consicrig yous mmber,
ouside suppor et
I ot plan ad comit 0 el suppot o pople chasged it eloies - osking wih e long e
el eum, rasing money snd srenes, e
1 et come ut seons it sl o e plan han o ikl cut seterd d disorgaized

XIIL END GAME

A-Plea Bagain 5.

+ Docsanyone ko what ples b s?

© 1 an et efndantworksout with he prosecor

- Busicaly.you give p youright o aia. Inexchangs you gt sgrsd upon charges sad e,

© When you ke lea barin.you plad sy

855 o s resoled though le bsgia. They camorake many cases o vl

© Hers an exmpl:peson A chaged ithmaliciousmischie eony).ad vl (cloay). Theples
argain s hey 1l plead sl o dsonderyconduct misdemeano) d pay S100 e ad b onprobaion
o 12 manth,

B NEGOTIATION (10mi
Tumay ot s ke . bt when goup ofpeople b collctivl fhey bave bt of o 10 gt g
lesbsgan. You sl eve o agocate wil the prsccutor o seach ceesable. ealyprosecio comes
10l bt hs el Hagpens (o i 00 do et he prosecto -, you s e awyes o the
legal e thes 0k s the dea s el sound
+ Review demands - et o e servd,nofns, s higs rdced 04 nrction, Everyone s he
same chrgeand same e
+ Explain the difrece beoweenlevesof chages and why infecion s sl (wo b bsher poct
on g d hose who have crimina ecords, wat rsult i il ecord)
- Explsin bow 0 negotsef hre's 5o ditectcommunicsion with e prsecr
e sl consenussbout whst you' s willing 10 compronise on and whityou' st (vhat kind
of community seric,how many hous, e, i)
Communict veryceay wilh el e e ven peopl acing i sood it can ke
misakes
Brastomn hylga e might make istkes: Thy s b, . b theie o
prconceptions of wha' best for areses, i
= Whatcan e do o hel? Pt wha' consnsed o in wriin beos th el e coms, gt
egularepot bicks o hemeven i ntkiog's hanged.
+ Gt any el o the proscutor i vk,

C.MORE ON COURT SOLIDARITY (Siin)

- Sometimes he posecutor WY negocse, o there it nough popl o pu s on the i Thi
might b the e 10 e il andfcus slely on Cout Sy

© Youcan usecout solidry i you ave o it o

+ You cannot e couet sldanty i you plead iy o conest 1 youschrges o ke pls i that
[T —

+ Review Cout Sldarty e from gt

- Discus oter etcs

o ight your case vigorously and e s of motions
© meiawork
. Layees ll working ogthe i b el e, ok dosensof v eams

XIV. PLEA BARGAIN ROLEPLAY (10min)
Roles: Prosector, Loy, Actvst,all panicipats

Props: Butcher pper o wieup propossls

‘Scnrio: rosecutor wil bz ke, bt ntall e way — will e st i 1o nrctios, bt
‘o dop eonss, g0 lower ha 520 fin bcause ' e L. Role ply exs when prticpantscome
apeement — consens oncompromis, 20 back ol iy o move cour sty

Debrict Gmin)

Mast e bl o compromise, st communicte well

W egoisting plesbrgan, o of et you ght et i you will deeemin e axdr of
el and hat you wat the el e her o s tht s e s lowed. Ths o way of
protectng those who s most vl

- When psope s being s fom i, s your tactc o derand htpeople s rlesed i grvups,and
bt ot pople (s who st ot vl ecaus of warats tc.) b s n the Gt grup,
S0ty gt stopped.eeryone s ca ety se o coperation cis o prtet e

XVIL ONGOING LEGAL SUPPORT (Stmin)
G over s o thing o do i hadbook — ey watcing. mediswork, Bepin e, fnd rain.tc
+ Some f the st olotces s pople who e i il

XVIIL CHECK OUT EVALUATION (10min)
[vTs— wnans 9
Role Play Cards
L ARREST ROLE PLAY

‘You are blockading the GAP as partof the Sierra Student Coalition, and person #4
is your leader.

‘You are blockading the GAP as partof the Sierra Student Coalition, and person #4
is your leader.

‘You are blockading the GAP as partof the Sierra Student Coalition, and person #4,
is your leader.

You're the leader of the group. Give excuses after getting arrested: “We thought it
was just respassing,” and *We've done this before and nothing happened. ™

V.BUS ROLE PLAY

You have asthma. You need your inhaler. which is in your backpack - which the
lcops took away when you were arrested.