2020 protests ➔ What are some common outcomes?
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An instagram post published by the National Lawyers Guild NYC Chapter as part of the George Floyd Protests in June 2020.The description of the post reads:
You’re arrested. What is going to happen? Have no fear: NLG knows#blacklivesmatter #nlg #nyc
[The original post description also includes a graduation cap emoji after the text and before the hashtags.]
The post is made up of seven slides with text on them:
Slide 1: WHAT ARE SOME COMMON OUTCOMES?
If you were arrested during a protest, you might be wondering: what happens next?
WRITTEN BY NYS LAWYERS
Slide 2: The District Attorneys offices in multiple boroughs have announced they will be declining to prosecute many low-level protest cases. This means many cases will be dropped.
For summonses/DATs, they'll likely make a non-criminal offer at your first court date. You can take it or fight the case.
For arraigned cases, they're mostly not making offers at arraignment. You'll see a judge and be given a court date. You'll be appointed a lawyer and can discuss a possible resolution or trial.
Slide 3: ONE OUTCOME IS...
Decline to Prosecute
Your case is dismissed, and the record is sealed.
This can happen at the precinct, arraignment, or your first court date.
Slide 4: ANOTHER OUTCOME IS...
Adjournment in Contemplation of Dismissal (ACD)
The most likely outcome for non-violent protest-related cases. An ACD is not a plea and does not imply guilt or innocence. It means if you are not re-arrested within a period of time (usually 6 months) - and often even if you are re-arrested - the case is automatically dismissed and sealed.
You may be required to complete community service. There are no automatic fines or fees.
Slide 5: ANOTHER OUTCOME IS...
Disorderly Conduct
If you're charged with a misdemeanor that the prosecutor considers slightly more serious, you may be offered a plea to the reduced charge of disorderly conduct ("discon"). This is a violation and will not give you a criminal record.
If you are not a US citizen, consult with an immigration attorney because any plea could potentially impact your status.
After 1 year a discon will be sealed, and will not show up on your record. A discon plea may also come with a community service requirement. If you plead guilty, you will pay a "court fee" of $120.
Slide 6: WORST CASE SCENARIO
Maximum Sentences
You may have seen memes about how long you could go to jail for protesting. These are the maximum possible sentences, and not what is likely to happen. Those maximums are as follows:
Violation
up to 15 days in jail, $120 court fee
Class B misdemeanor
up to 3 months in jail, $250 court fee
Class A misdemeanor
up to 364 days in jail, $250 court fee
Slide 7: Legal hotline numbers
National Lawyers Guild - NYC
212-679-6018
GOOD CALL
833-346-6322
Immigrant Defense Project
212-725-6422
(VOICEMAIL ONLY)
Contact a lawyer before your court date.
Be honest with your lawyer: anything you say is protected by attorney-client confidentiality.
The link to the post: https://www.instagram.com/p/CBMuom4py6E/
Related person
National Lawyers Guild New York City Chapter (publisher)Related places
New York (created)Internet (published)