Reposting, by popular request, now with the pamphlet actually linked! doh!
Thanks to Madison Chapter of the National Lawyers Guild.
With arrests in the Capitol almost a daily occurrence, here is some basic information about what protesters and apparently some observers can expect if ticketed/arrested.
Arrests and citations are mostly forfeiture cases for violating a provision of administrative code and are legally the equivalent of a speeding ticket. State Dept. of Justice attorneys are handling these cases as the prosecutor.
A few folks are also receiving misdemeanor criminal charges, usually for resisting arrest, disorderly conduct, or “trespassing” when they return to the rotunda after being arrested. Dane County district attorneys are responsible for prosecuting these cases.
Regardless of the kind of charge at issue, the first step of the legal process is an initial appearance where a plea is entered: guilty or no contest (and pay the fine), not guilty, or stand mute (a not guilty plea will be entered on your behalf). The case is then docketed and an initial schedule for pre-trial conferences is set. A “not guilty” plea may also be made by mail in advance of your initial appearance date or by an attorney who represents you.
To get a trial by jury, you must file a written jury request and pay a $36 fee to the Dane Co. Clerk of Courts unless you are indigent. The fee should be paid within ten days of your initial appearance, so you may want to file the fee during your initial appearance.
A fund — the First Amendment Protection Fund — has been established to help with jury fees and other court costs (but not attorneys fees). You can get contact information about the fund by calling the referral phone number at 608-520-0654 or sending an email to madisonnlg@gmail.com.
When contacting the referral line, make sure to include your name, a phone number and other contact information, type of citation, and the date and time of any upcoming court dates. Finally, a pamphlet regarding general protest issues and police interactions in Madison is available.
Anyone needing legal assistance for arrests while singing or observing at the Capitol can call Madison-NLG at 608-520-0654. The coordinator will then attempt to find legal representation for the person who has been arrested. While a few attorneys are willing to provide free or pro bono representation, most are likely to charge a modest fee for their work. Those providing legal representation are part of a Madison Mass Defense group and includes attorneys and legal workers of the National Lawyers Guild, the ACLU, and others concerned about federal and state constitutional rights to petition and protest the government.
Psssst, you might also want to consider making a donation, or if you have legal training, volunteering!
