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Agenda Welcome/ Overview II. Right to Legal Representation III. Criminal Procedure IV. Step by Step Guide V. Troubleshooting VI. Q & A I.
FDLA History ⦿ Since 1995, FDLA has operated a 24 hour police custody hotline. ⦿ The hotline was started by criminal and civil rights attorneys who saw indigent suspects’ cases compromised by confessions and lack of access to counsel during the interrogation process.
FDLA Today FDLA is comprised of two sides, the Street Law Team and the Hotline Team. ⦿ The Hotline is currently staffed by Staff Attorneys, VISTA Attorneys and You! ⦿ Without support from our volunteers, the hotline would be run entirely by only 4 staff attorneys. ⦿
What Do Volunteers Do? ✓ Receive phone calls from answering service ✓ Locate the client ✓ Represent the client and ensure his or her rights are being protected ✓ Take thorough notes for trial counsel
Benefits of Volunteering ⦿ Unique Legal Experience ⦿ Attorney Referrals ⦿ Flexible Scheduling ⦿ Work Remotely ⦿ Be a part of the movement for police accountability ⦿ Protect vulnerable citizens from coercive police tactics
Why FDLA?
Why FDLA? ⦿ The first 48 hours in police custody are critical. ● Police coercive tactics ● False confessions ● Lack of information given to arrestee by the police ● Lack of transparency in the investigative process ● Other constitutional rights violations
What if Everyone Had Access to an Attorney Upon Arrest?
What If Everyone Had Access to An Attorney Upon Arrest? 80% of Mirandized Arrestees waive their Miranda Rights, the percentage is higher for juveniles ⦿ Many of these waivers are inadvertent ⦿ Attorneys Present in the Station Can … ⦿ ●Document Medical Issues and Advocate for treatment ●Ensure against human and constitutional rights violations ●Report to family and loved ones ●Educate the arrestee on how to access their rights ●Ensure the client is not making any statements.
WHAT HAPPENS WHEN THEY DON’T HAVE ACCESS TO AN ATTORNEY?
False Confessions ⦿ Chicago has twice as many false confessions as any other city ⦿ More than 1 out of 4 people wrongfully convicted but later exonerated by DNA evidence made a false confession or incriminating statement ⦿ Many of these confessions are products of long interrogations where the accused is alone with police
Reasons for False Confessions duress coercion intoxication diminished capacity mental impairment ignorance of the law fear of violence the actual infliction of harm ⦿ ⦿ ⦿ ⦿ ● ⦿ ⦿ Jon Burge threat of a harsh sentence misunderstanding the situation
CUSTODIAL SUSPECTS’ RIGHT TO LEGAL REPRESENTATION
725 ILCS 5/ 103 -3: Right to communicate with attorney and family ⦿ Law v. Reality ⦿ Most calls to the hotline come from family and friends ⦿ May change in light of Judge Evans’ recent order
725 ILCS 5/103 -4: Right to An Attorney ⦿ People v. Mc. Cauley: Attorneys at the station must be allowed access to client. Client does not need to know/request the Attorney. ● Police must notify client (See CPD General Order 06 -01 -04: Arrestee in Custody Communications ) ● People v. Chapman: Attorney must be “physically present” and “immediately available” ●
The Rights of Witnesses ⦿ It is important to provide representation for witnesses ⦿ If denied access, leave a note for the client
POLICE INVESTIGATION AND CRIMINAL PROCEDURE IN CHICAGO AND COOK COUNTY
Felonies ⦿ Felony cases are handled by Detectives at one of the area headquarters ⦿ For serious felonies, the Detectives will have to call the Felony Review attorney to approve the charges ⦿ The ASA will often also interview the suspect themselves ⦿ Clients charged with felonies are sent to bond court the next day
Misdemeanors ⦿ The officer will book the suspect ⦿ The suspect’s fingerprints are run through the system ⦿ An I-bond may be issued if prints clear ⦿ “Verified Gang member”
Investigative Alerts ⦿ Advise the client to say, “I will not talk; I want my lawyer” if they encounter an officer ⦿ Advise them against going to the station voluntarily
Warrants ⦿ Explain the client’s options ⦿ Advise the caller to have a family member or friend call FDLA if an arrest occurs ⦿ Call the back-up attorney and report the situation
Adult vs. Juvenile Processing Police may detain adults up to 48 hours (sometimes 72 hours) ⦿ Juveniles may be detained 24 hours ⦿
Adult vs. Juvenile Processing ⦿ 17 and younger = minor ⦿ Youth officer must be present ⦿ Must contact legal guardian ⦿ Do not need to tell parents the child’s charges or whether they are even a suspect ⦿ Juveniles particularly vulnerable to coercive police tactics
Adult vs. Juvenile Processing ⦿ SB 2370 ● Requires lawyer to be present during interrogations of children 14 and younger for murders or sex crimes ● FDLA represents all juveniles being questioned anywhere in Cook County
Representing Juveniles ⦿ Advise parents not to encourage child to talk and limit their access to child. ⦿ Parents cannot be present while you speak to child because of Privilege issues. ⦿ Youth Officer Involvement ⦿ Evaluate whether juvenile understands their rights
Representing Juveniles ⦿ Station adjustments ● 705 ILCS 405/5 -301 ● Informal vs. formal ○ Formal adjustment requires admission ○ Up to 90 -days for informal, 120 formal ● At the discretion of youth officer ● Referral to state’s attorney if conditions not met ● Conditions: curfew, community service, school attendance, etc. ● Shows up on the juvenile record but is not a conviction – can be expunged later.
Bonds ⦿ I-Bond – released on personal recognizance D-Bond – 10% of bond amount must be posted for release ⦿ ⦿ Cash Bond – 100% of bond must be posted ⦿ Bond can be posted at Cook County Jail Person posting bond needs to present photo ID – Attorneys cannot post bond ⦿
Bond Hearing Location for bond hearings for various felonies and misdemeanors in manual ⦿ At the bond hearing, the court will consider the seriousness of the offense charged, the defendant’s criminal history, and other mitigating and aggravating factors ⦿ ⦿ If family can make it bond court, they should Inform family that we do not attend bond court but a public defender may be present ⦿
STEP BY STEP GUIDE TO ADVOCATING FOR INDIVIDUALS HELD IN POLICE CUSTODY
Volunteer Shift ⦿ Hotline operates 24/7 ⦿ 4 -hour/month shift: **48 hour notice ⦿ Calls transferred from hotline to your personal cell phone ⦿ Always a back-up attorney on-call for questions
Shiftplanning
1) 2) 3) 4) 5) Call Sheet Locate the Client Determine Whether a Visit is necessary Station Visit Follow-up & End of Shift
Taking the Calls When taking the initial call, you need to get the following pieces of information: 1. The caller’s name 2. The caller’s call back number 3. The caller’s relation to the client 4. The client’s name and correct spelling 5. The client’s age or date of birth 6. Where the client is in custody or the area of arrest and the timing of the arrest
Step 1: Call Sheet
Step 2: Locating the Client ⦿ Police District & Detectives’ Areas ⦿ If client was recently arrested they may not yet be in “queue” ⦿ Central Booking (312)745 -5202 ⦿ Juvenile Intervention & Support Center (JISC) (312)747 -3934 ⦿ Other Locations: Hospitals, Schools, Special Units, Federal Custody
Step 3: Determining Whether a Station Visit is Necessary ⦿ Station visits for Juveniles are always necessary. ⦿ For Adults, if they are going to be released on I-Bond in an hour, a station visit is not necessary ⦿ Call back after the hour to ensure client was released
Step 3: Determining Whether a Station Visit is Necessary 1 st Priority: Felony investigation, juvenile or adult (if more than one felony investigation, try to attend the more serious charge first) ⦿ 2 nd Priority: Juvenile in custody ⦿ 3 rd Priority: Adult or juvenile, already charged, and injured in custody or not receiving medical evaluation or treatment ⦿ 4 th Priority: Adult already charged ⦿
Step 4: The Visit ⦿ What to bring to the station: ● Driver’s license ● ARDC/711 license ● Volunteer manual supplement ● Pen ● Call sheet/ paper ● FDLA card(s) ● Declaration of Rights Forms ● Watch, or something to check time ● Do not bring your phone back to see clients
Step 4: The Visit ⦿ Log time of each occurrence the name and badge number of every officer you speak to. ⦿ When you arrive, check in with the Desk Sergeant or Detective ⦿ Ask the Detective or Sergeant what charges the client is facing and whether the charges have been approved. ⦿ Meet with the client ● Behind Glass ● Interview Room
Step 4: The Visit ⦿ ⦿ ⦿ Tell client that you are a FDLA volunteer and a loved one or friend called on the client’s behalf Explain that we will be representing them and monitoring their case until they are out of CPD custody Do not discuss details of client’s case while in the police station “What time were you arrested? ” “Are you hurt? ” (If so, fill out injury log. ) “Have you eaten? ” “Did the detective tell you the charges you are facing? ” “Have you been questioned yet? ” The only statement the client should make is “I will not talk; I want my lawyer. ” Advise them of tricks detectives use to get people to talk “Is there any message you would like me to relay to family or friends? ”
Step 4 (continued): Injury Log
Step 4 (continued): DOR Inform the client of his or her rights and get them to assert them. ⦿ Explain the DOR form to the client and get him or her to sign it. ⦿ Serve the copies of the DOR on the police. Keep the white copy, give yellow to police and pink to the client. ⦿ If Detectives wish to read client his or her rights, be sure to be present for that ⦿
Step 4 (continued): Declaration of Rights (DOR) “I will not talk; I want my lawyer. ” See Berghuis v. Thompkins
Step 4 (cont. ): Declaration of Rights (DOR)
Step 5: Follow-up & End of Shift Procedure ⦿ Pass along any information regarding a client still in custody to the staff attorney. ⦿ Fill out call sheets for every call received during the shift. Include all details of the call. ⦿ Email call sheets, DORs, injury logs, etc. to fdlegalaid@gmail. com and the supervising staff attorney 24 HOURS after shift is complete. ⦿ Mail the original copies of DORs to FDLA’s office at 5100 W. Harrison Chicago, IL 60644.
What’s next? ⦿ Staff attorneys follow-up with client and caller ⦿ Client paperwork is uploaded ⦿ Client paperwork is transferred to trial counsel
TROUBLE SHOOTING COMMON ISSUES AT THE POLICE STATION
Denied ⦿ “Are you denying my client the right to counsel? ” ⦿ Record time of denial ⦿ Record officer name and badge number
Declined ⦿ Record the time that the client declined ⦿ You may request to view the visitation form to ensure the client signed off to not see an attorney ⦿ Record the Sergeant’s name and badge number ⦿ If you witness police discouraging a client from seeking counsel, make note of it.
Spanish only/ESL clients Stericycle : You may ask for translator over the phone from our answering service ⦿ Immigration status: Police cannot contact ICE if they suspect someone might be an immigrant. CPD Special Order S 06 -14 -03 ⦿ Immigrants are granted the same rights as citizens with regard to self incrimination and right to counsel. ⦿ Rights also apply when dealing with ICE. ⦿
Juveniles ⦿ Juveniles have their own right to counsel outside of their parent’s presence or permission
711 license Illinois Supreme Court Rule 711(c)(1): “Under the supervision of a member of the bar of this State, and with the written consent of the person on whose behalf he/she is acting. . . may counsel and advise clients. . . represent clients in mediation and other nonlitigation matters. . . ”
711 license CPD Order G 06 -01 -04 II. E. In addition to an attorney, a person holding a valid 711 license issued by the Supreme Court of Illinois is authorized to visit an arrestee or person-in-custody as legal representation
711 Toolbox ⦿ Supreme Court Rule ⦿ Supreme Court Letter ⦿ CPD General Order 06 -01 -04 ⦿ 711 Consent Form
Conflict of Interest Illinois Rules of Professional Conduct 1. 7(a): “A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and (2) Each client consents after disclosure. ”
Homan Square http: //www. theguardian. com/us-news/2015/mar/03/chicago-police-violence-homan-square
Referrals ⦿ Staff attorneys give referrals ⦿ Referral list: ● One shift per month ● Focus area ● Work contact information
Ride-Along Shifts
QUESTIONS & ANSWERS
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