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Frequently Asked Questions
If you only remember one thing:
National Lawyers Guild www.nlg.org, www.nlgnyc.org/rnc/rnc.html People’s Law Collective www.nycplc.mahost.org Bike FAQ Arrest FAQs
Write down the NLG Legal Number on your wrist or ankle Carry quarters to make telephone calls and a phone card for possible long distance calls Carry a couple of granola-type bars in your pocket B food is often missed in jail Carry only one photo ID with a good address; do not carry ID with different addresses Do not carry anything you do not want the police to have, phone books, valuables, or drugs Back to top. How do I know if I have been arrested? Sometimes, it's not so clear whether you have been arrested. An officer may come up and ask you some questions and it may not be clear whether you are under arrest. Ask “Am I free to go? If the officer says yes, then walk away (running at this point may give them a reason to pursue you) . Do not say anything else. Do not believe that what they say to you is true. It is legal for the police to lie to get you to talk. If the officer tells you that you are not free to go, you should state in a loud voice: “I am going to remain silent; I would like to speak to a lawyer.” Repeat this statement to any officer who asks you questions after your arrest. If you are not free to go, you are being detained, but this does not necessarily mean you have been arrested. If the police reasonably believe they are in danger from you, they are authorized to frisk you. A frisk is a pat down on the outside of your clothing. Do not consent to any further search. But if they continue to search, or in some other way violate your rights, stay calm and don't physically resist. You will only risk being hurt and arrested. Stick to "I don't consent; I want to speak to my lawyer". Remember the officer's name and badge number, and call a lawyer at your first opportunity. You do not have to answer questions or give a statement if you are detained or even if you are arrested. Back to top. Do I have to give my name? If the police question you, including asking your name, you may say nothing and walk away. If the police prevent you from leaving, ask, "Am I free to go?" If "YES," you may say nothing and walk away. If "NO," say, "I wish to remain silent. I want to talk to a lawyer," and wait for the police to arrest or release you. If you are placed under arrest, you will need to give your true name, address, and date of birth to be considered for release from custody while your case is pending. Back to top. What do I do if I am placed under arrest? If you are placed under arrest: State in a loud voice: “I am going to remain silent, I would like to speak to a lawyer.” Remain silent. Do not talk to anyone other than your lawyer about the circumstances of your arrest, even other prisoners, friends and family. Give your true name and address, preferably by showing your one piece of photo ID, and allow your self to be photographed and fingerprinted; this helps toward getting released Remain calm Back to top. What happens to me after I have been arrested? There are three possible paths by which an arrest may be processed, depending on the charge(s) and the circumstances of the arrest. Summons: A summons is similar to a traffic ticket and issued within the discretion of the police for minor offenses called violations (most common at protests is Disorderly Conduct (Penal Law 240.20) for blocking the street or a building). Upon proof of identity, the summons is issued at or near the scene, directing the arrestee to appear at court within 30 days. Desk Arraignment Ticket (DAT): A DAT is a notice similar to a Summons that directs appearance in court for violations and some misdemeanors (e.g., Obstructing, Resisting Arrest). It is issued after an arrestee has been taken to a precinct and fingerprints have been checked to confirm there are no outstanding arrest warrants. Arraignment (“Go through the system”): If you have been arrested for a felony (e.g. Assault in the 2nd Degree on a police officer) or some misdemeanors, you will “go through the system.” This is what happens:
What should I do when I go through the system and appear at an arraignment? Prepare yourself to wait 24 to 36 hours from the time of arrest to arraignment. Be wary of advice from anyone you meet in jail who is not your lawyer. You may be interviewed an employee of the courts who will ask you questions about ties to the community for consideration of release; it is ok to answer these questions, so long as you say nothing about the circumstances of your arrest. If you get to telephone, call the Legal Number and give names of others arrested. Always plead “Not Guilty” at arraignment. The District Attorney=s offer to reduce charges in exchange for a plea of guilty will be available at the next court appearance to allow you a chance to review your case with your lawyer. Adjournment in Contemplation of Dismissal (“ACD”). This is one option to consider at arraignment. An ACD means your case is continued, usually for six months. If you get in trouble with the law in that time, the case will be put back on calendar with your right to a trial. Otherwise, after six months, the case is dismissed and the record is sealed. An ACD is NOT an admission of guilt or a plea of “guilty.” Back to top. What if I am treated badly by the police or FBI? Try to remember the officer's badge number and/or name. You have the right to ask the officer to identify himself. Write down everything as soon as you can and try to find witnesses. If you are injured, see a doctor and take pictures of the injuries as soon as possible. Call the NLG or one of the other organizations listed on the front as soon as possible. Back to top. What if I am not a U.S. citizen? There are far greater risks involved if you are arrested and you are not a U.S. citizen. Talk to a lawyer before coming to a protest. Always carry with you the name and telephone number of an immigration lawyer who will take your calls. You must carry your immigration papers such as "green card", I-94, work authorization with you as well. On the Street Back to top. What are my basic rights on the streets? You are free to express your political and artistic views, provided you don’t “obstruct” sidewalks or entrances to buildings (the rule of thumb is keep half of sidewalk or entrance clear) and don’t use amplified sound (including megaphones). Thus, you are free to: Distribute handbills on a public sidewalk or at the entrance to a public park Have a table in a park that only contains literary material Have a demonstration, rally, or press conference on a public sidewalk March on a public sidewalk. If you block an entrance to a building, stand in the street, or block more than half the sidewalk, you may be cited for “disorderly conduct,” a violation. Back to top. What amount of public space can we take up? While there are no specific limits on the amount of space, please keep in mind that you:
For how long can we safely use this space? As long as you want or as long as the police will let you. However, if you have a permit specifying dates and times or duration of event, then police must respect the terms of the permit. Back to top. What do we need a permit for? You do not need a permit if you do not intend to use amplified sound and want to: Distribute handbills on a public sidewalk or in a public park Have a table in a park that only contains literary material Have a demonstration, rally, or press conference on a public sidewalk March on a public sidewalk If you want, you can notify the Police Department, but that is not required. If you do notify the Police Department, officers may appear at the event. If your event involves a significant number of people, the Police Department may set up a “pen,” in which they will ask you to stand. The official rules governing parades can be found at section 110 of Title 10 of the Administrative Code of the City of New York and at section 19 of Title 38 of the Rules of the City of New York. You do need a permit if you want to: Use amplified sound on public property. Apply at the precinct nearest to the event no later than 5 days before the event; there is a $45 fee (money order only, no cash) Have an event with more than 20 people in a New York City park (apply at the Parks Department) Have three or more people wearing masks in public (Contact the precinct nearest the event site) Conduct a march in a public street. Under 1,000 people, get application at the nearest precinct; over 1,000 people, get application at One Police Plaza. Complete application, sign and notarize, make three copies. File at precinct/One Police Plaza and have one copy date stamped “Received” and keep. If you run into obstacles, contact the National Lawyers Guild at (212) 679-6018 ext. 19. Back to top. What props can be used? What props cannot? The police will direct any wood or PVC sticks for signs are to be removed as part of their exercise of their authority to set “reasonable time, place, and manner” restrictions; they will argue that the sticks could be used as weapons. Use cardboard tubes instead. Sticks as props are also probably frowned upon. Avoid using sharp or hard objects because they could conceivably cause injury and the police will take a less lenient view of them. Consider using soft, bendable props. Back to top. Are there laws regulating the use of masks and costumes? There is no law against wearing costumes in public. However, there is a “Mask Law;” it is a subsection of the Loitering statute, New York Penal Law § 240.35(4). It is unlawful for a person to wear a mask with other persons “similarly disguised”, i.e. three or more people cannot wear masks within an undefined proximity of one another in a public place. You may apply for a permit from the precinct in which you will be wearing the masks that will allow masks for “masquerade parties or like entertainment.”. The courts have defined “like entertainment” as “social gatherings, dances, and performances that involve masks or costumes.” Please reference our Mask Law Memo. A bandana over your face counts as a mask. Alternatives to masks that do not require a permit include hats and outlandish sunglasses. Back to top. What do we need a sound permit for? If you want to use amplified sound (i.e., electrical sound devices, including a megaphone) in a public place, you must receive a permit from the Police Department. You apply for the permit at the precinct within which you wish to use sound, and in most precincts you obtain the application from the precinct’s Community Affairs Office. The fee for a one-time permit is $45.00, payable by money order only, no cash. City rules specify that permits must be sought at least five days before the event, BUT you are entitled to receive a permit even if you apply less than five days before your event. NOTE: City rules prohibit the use of amplified sound within 500 feet of a school, courthouse or church during hours of school, court or worship, or within 500 feet of a hospital or similar institution. In many instances, the permit may specify a decibel limit on the level of permissible sound. City rules also prohibit the use of amplified sound between 10:00pm and 9:00am in nonresidential areas. In residential areas, amplified sound is not permitted on weekdays between 8:00 p.m. or sunset (whichever is later) and 9:00 a.m. the next day. On weekends, amplified sound is not permitted and between 8:00 p.m. or sunset (whichever is later) and 10:00 a.m. the next day. If you intend to use amplified sound that requires electricity, you are not allowed to tap into public power (e.g., a light pole) unless you have made specific arrangements with the City to do so. The official rules governing the use of amplified sound can be found at section 108 of Title 10 of the Administrative Code of the City of New York and at chapter 8 of Title 38 of the Rules of the City of New York. Back to top. Have authorities established different rules for different public spaces? Madison Square Garden:
The police have not disclosed yet what their policies will be.
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