USG – Fight! 7. HIP-POCKET LAW

7. HIP-POCKET LAW

¥ Legal Advice

¥ Lawyer’s Group

¥ Join the Army of Your Choice

¥ Canada, Sweden & Political Asylum

 

 

Hip-Pocket Law

LEGAL ADVICE

Any discussion about what to do while waiting fur the lawyer has to be qualified by pointing out that from the moment of arrest through the court appearances, cops tend to disregard a defendant’s rights. Nonetheless, you should play it according to the book whenever possible as you might get your case bounced out on a technicality. When you get busted, rule number one is that you have the right to remain silent. We advise that you give only your name and address. There is a legal dispute about whether or not you are obligated under the law to do even that, but most lawyers feel you should. The address can be that of a friend if you’re uptight about the pigs knowing where you live.

When the pigs grab you, chances are they are going to insult you, rough you up a little and maybe even try to plant some evidence on you. Try to keep your cool. Any struggle on your part, even lying on the street limp, can be considered resisting arrest. Even if you beat the original charge, you can be found guilty of resisting and receive a prison sentence. Often if the pigs beat you, they will say that you attacked them and generally charge you with assault. If you are stopped in the street on suspicion (which means you’re black or have long hair), the police have the right to pat you down to see if you are carrying a weapon. They cannot search you unless they place you under arrest. Technically, this can only be done in the police station where they have the right to examine your possessions. Thus, if you are in a potential arrest situation, you should refrain from carrying dope, sharp objects that can be classified as a weapon, and the names and phone numbers of people close to you, like your dealer, your local bomb factory, and your friends underground. Forget about talking your way out of it or escaping once you’re in the car or paddy wagon. In the police station, insist on being allowed to call your lawyer. Getting change might be a problem so you should always have a few dimes hidden. Since many cases are dismissed because of this, you’ll generally be allowed to make some calls, but it might take a few hours. Call a close friend and tell him to get all the cash that can be quickly raised and head down to the court house. Usually the police will let you know where you’ll be taken. If they don’t, just tell your friend what precinct you’re being held at, and he can call the central police headquarters and find out what court you’ll be appearing in. Ask your friend to also call a lawyer which you also should do if you get another phone call. Hang up and dial a lawyer or defense committee that has been set up for demonstrations. The lawyer will either come to the station or meet you in court depending on the severity of the charge and the likelihood you’ll be beaten in the station. When massive demonstrations are occurring where a number of busts are anticipated, it’s best to have lawyers placed in police stations in the immediate vicinity. The lawyer will want to know as many details as possible of the case so try and concentrate on remembering a number of things since the pigs aren’t going to let you take notes. If you can, remember the name and badge number of the fink that busted you. Sometimes they’ll switch arresting officers on you. Remember the time, location of the bust and any potential witnesses that the lawyer might be able to contact. If you are unable to locate a lawyer, don’t panic, the court will assign you one at the time of the arraignment. Legal Aid lawyers are free and can usually do as good a job as a private lawyer at an arraignment. Often they can do better, as the judge might set a lower bail if he sees you can’t afford a private lawyer. The arraignment is probably the first place you’ll find out what the charges are against you. There will also be a court date set and bail established. The amount of bail depends on a variety of factors ranging from previous convictions to the judge’s hangover. It can be put up in collateral, i.e., a bank book, or often there is a cash alternative offered which amounts to about 10% of the total bail. Your friend should be in the court with some cash (at least a hundred dollars is recommended). For very high bail, there are the bail bondsmen in the area of the courthouse who will cover the bail for a fee, generally not to exceed 5%. You will need some signatures of solid citizens to sign the bail papers and perhaps put up some collateral. Once you get bailed out, you should contact a private lawyer, preferably one that has experience with your type of case. If you are low on bread, check out one of the community or movement legal groups in your area. It is not advisable to keep the legal aid lawyer beyond the arraignment if at all possible. If you’re in a car or in your home, the police do not have a right to search the premises without a search warrant or probable cause. Do not consent to any search without a warrant, especially if there are witnesses around who can hear you. Without your consent, the pigs must prove probable cause in the court. It’s unbelievable the number of defendants that not only come naked, but pull their own pants down. Make the cops kick in the door or break open the trunk themselves. You are under no obligation to assist them in collecting evidence, and helping them weakens your case.

LAWYERS GROUPS

National Lawyers Guild

The “Guild” provides various free legal services especially for political prisoners. If you have any legal hassles, call and see if they’ll help you. You can call the one nearest you and get the name of a good lawyer in your area.

¥ BOSTON – 70 Charles St.

¥ DETROIT – 5705 N. Woodward St.

¥ LOS ANGELES – c/o Haymarket, 507 N. Hoover St.

¥ NEW YORK – 1 Hudson St.

¥ SAN FRANCISCO – 197 Steiner St.

Outside of these areas, there are no offices, but people to contact in the following cities are:

¥ FLINT, MICH., Carl Bekofske, 1003 Church St.

¥ PHILADELPHIA, PA. – A. Harry Levitan, 1412 Fox Building

¥ WASHINGTON, D.C. – S. David Levy, 2812 Pennsylvania Ave.,

 

N.W.American Civil Liberties Union

The ACLU is not as radical as the Guild, but will in rare instances provide good lawyers for a variety of civil liberty cases such as censorship, denial of permits to demonstrations, and the like. But beware of their tendency to win the legal point while losing the case. Here is a list of some of their larger offices.

¥ ALABAMA – Box 1972, University, Alabama 35486

¥ CALIFORNIA – ACLU of Northern California, 503 Market St., ¥ SAN FRANCISCO, CA – 94105 (EX 2-4692)

¥ COLORADO – 1452 Pennsylvania St., Denver, Colorado 80203 (303-TA5-2930)

¥ GEORGIA – 5 Forsyth St. N.W., Atlanta, Georgia 30303 (404-523-5398)

¥ ILLINOIS – 6 S. Clark, Chicago, Illinois 60603 (312-236-5564)

¥ MICHIGAN – 234 State St., Detroit, Mich. 48226 (313-961-4662)

¥ MONTANA – 2707 Glenwood Land, Billings, Montana 59102 (406-651-2328) ¥ NEW MEXICO – 131 La Vega S.W., Albuquerque, New Mexico 87105 (505-877-5286)

¥ NEW YORK – 156 Fifth Ave., New York, NY 10010 (212-WA9-6076)

¥ NORTH DAKOTA – Ward County (Minot), Box 1000, Minot, North Dakota 58701 (702-838-0381)

¥ OHIO – Suite 200, 203 E. Broad St., Columbus, Ohio 43215

¥ WASHINGTON, DC – (NCACLU) 1424 16th St. NW, Suite 501,

¥ WASHINGTON, DC – 20036 (202-483-3830) (202-483-3830)

¥ WEST VIRGINIA – 1228 Seventh St., Huntington, West Virginia 25701

¥ WISCONSIN – 1840 N. Farwell Ave., Rm. 303, Milwaukee, Wisc. 53202 (414-272-4032)

To obtain a complete list of all the ACLU chapters, write: American Civil Liberties Union, 156 5th Avenue, New York, NY 10010, or call them at (212) WA 9-6076.

JOIN THE ARMY OF YOUR CHOICE

The first rule of our new Nation prohibits any of us from serving in the army of a foreign power with which we do not have an alliance. Since we exist in a state of war with the Pig Empire, we all have a responsibility to beat the draft by any means necessary. First check out your medical history. Review every chronic or long-term illness you ever had. Be sure to put down all the serious infections like mono or hep. Next, make note of your physical complications. When you have assembled a complete list, get a copy of Physical Deferments or one of the other draft counseling manuals and see if you qualify. If you have a legitimate deferment, document it with a letter from a doctor. The next best deal is a Conscientious Objection status (C.O.) or a psychiatric deferment (psycho). The laws have been getting progressively broader in defining C.O. status during the past few year s. The most recent being, “sincere moral objections to war,” without necessarily a belief in a supreme being. There are general guidelines sent out by the National Office of Selective Service that say it is a matter of conscience. The decision, however, is still pretty much in the hands of the local board. Visit a Draft Counseling Center if you feel you have a chance for this type of story. They’ll know how your local board tends to rule. There are still some more cases to be heard by the Supreme Court before objection to a particular war is allowed or disallowed. It is not grounds for deferment as of now. Psychos are our specialty. Chromosome damage has totally wiped out our minds when it comes to concentrating on killing innocent people in Asia. When you get your invite to join the army, there are lots of ways you can prepare yourself mentally. Begin by staggering up to a cop and telling him you don’t know who you are or where you live. He’ll arrange for you to be chauffeured to the nearest mental hospital. There you repeat your performance, dropping the clue that you have used LSD in the past, but you aren’t sure if you’re on it now or not. In due time, they’ll put you up for the night. When morning comes, you bounce out of bed, remember who you are, swear you’ll never drop acid again and thank everyone who took care of you. Within a few hours, you’ll be discharged. Don’t be uptight about thinking how they’ll lock you up forever cause you really are nuts. The hospitals measure victories by how quickly they can throw you out the door. They are all overcrowded anyway. In most areas, a one-night stand in a mental hospital is enough to convince the shrink at the induction center that you’re capable of eating the flesh of a colonel. Just before you go, see a sympathetic psychiatrist and explain your sad mental shape. He’ll get verification that you did time in a hospital and include it in his letter, that you’ll take along to the induction center. When you get to the physical examination, a high point in any young man’s life, there are lots of things working in your favor. Here, long hair helps; the army doesn’t want to bother with trouble-makers. Remember this even though a tough looking sergeant runs down bullshit about “how they’re gonna fix your ass” and “anybody with a trigger finger gets passed.” He’s just auditioning for the Audie Murphy movies, so don’t believe anything he lays down. Talk to the other guys about how rotten the war in Vietnam is and how if you get forced to go, you’ll end up shooting some officers. Tell them you’d like the training so you can come back and take up with the Weathermen.Check off as many items as can’t be verified when given the forms. Suicide, dizzy spells, bed-wetting, dope addiction, homosexuality, hepatitis. Be able to drop a few symptoms on the psychiatrist to back up your story of rejection by a cold and brutal society that was indifferent, from a domineering father that beat you, and mother that didn’t understand anything. Be able to trace your history of bad family relationships, your taking to the streets at 15 and eventually your getting “hooked.” Let him “pry” things out of you if possible. Show him your letter if you had the foresight to get one. Practice a good story before you go for the physical with someone who has already beat the system. If your local board is fucked up, you can transfer to an area that disqualifies almost everyone who wants out, such as the New York City boards. If you can’t think of anything you can always get FUCK ARMY tattooed on the outside of the baby finger of your right hand and give the tough sergeant a snappy salute and a hearty “yes sir!”**If unfortunately you get hauled in. The Army gives you a life insurance policy. By making Dan Berrigan or Angela Davis the beneficiary you might avoid front-line duty.

CANADA, SWEDEN & POLITICAL ASYLUM

If you’ve totally fucked up your chances of getting a deferment or already are in the service and considering ditching, there are some things that you should know about asylum. There are three categories of countries that you should be interested in if you are planning to ship out to avoid the draft or a serious prison term. The safest countries are those with which Amerika has mutual offense treaties such as Cuba, North Korea and those behind the so-called Iron Curtain. The next safest are countries unfriendly to the U.S. but suffer the possibility of a military coup which might radically affect your status. Cambodia is a recent example of a border-line country. Some cats hijacked a ship bound for Vietnam and went to Cambodia where they were granted asylum. Shortly thereafter the military with a good deal of help from the CIA, took over and now the cats are in jail. Algeria is currently a popular sanctuary in this category. Sweden will provide political asylum for draft dodgers and deserters. It helps to have a passport, but even that isn’t necessary since they are required by their own laws to let you in. There are now about 35,000 exiles from the Pig Empire living in Sweden. The American Deserters Committee, Upplandsgaten 18, Stockholm, phone 08-344663, will provide you with immediate help, contacts and procedural information once you get there. If you enter as a tourist with a passport, you can just go to the local police station, state you are seeking asylum and fill out a form. It’s that sample. They stamp your passport and this allows you to hustle rent and food from the Swedish Social Bureau. It takes six months for you to get working papers that will permit you to get employment, but you can live on welfare until then with no hassle. The following places can be contacted, for additional help. They are all in Stockholm:

¥ Reverend Tom Hayes 82-42-11 or 21-45-86

¥ Kristina Nystrom of the Social Bureau 08-230570

¥ Bengt Suderstrom 31-84-32 (legal)

¥ Hans-Goran Franck 10-25-02(legal)

Canada does not offer political asylum but they do not support the U.S. foreign policy in Southeast Asia so they allow draft dodgers and deserters to the current tune of 50,000 to live there unmolested. Do not tell the officials at the border that you are a deserter or draft dodger, as they will turn you in. Pose as a visitor. To work in Canada you have to qualify for landed immigration status under a point system. There will be a number of background questions asked and you have to score 50 points or better to pass and qualify. You get one point for each year of formal education, 10 points if you have a professional skill, 10 points for being between 18-35 years of age, more points for having a Canadian home and job waiting for you, for knowing English or French and a whopping 15 points for having a stereotyped middle class appearance and life-style. Letters from a priest or rabbi will help here. Some entry points are easier than others. Kingsgate, for example, just north of Montana is very good on weekdays after 10:00 P.M.The best approach if you are considering going to Canada is to write or, better still, visit the Montreal Council to Aid War Resisters, Case Postale 5, Westmount, Montreal, 215 Quebec or American Deserters Committee, 3837 Blvd., Saint Laurent, St. Louis, Montreal 3, Quebec. They will provide you with the latest info on procedures and the problems of living in Canada as a war resister. If you can’t make it up there, see a local anti-war organization for counseling. If you are already in the army, you should find out all you need to know before you ditch. It’s best to cross the border while you’re on leave as it might mean the difference between going AWOL and desertion if you decide to come back. In any event, no one should renounce their citizenship until they have qualified for landed immigration status as that would classify the person as a non-resident and make it possible for the Canadian police to send you back, which on a few rare occasions has happened. Because there have been few cases of fugitives from the U.S. seeking political asylum, there is not a clear and ample formula that can be stated. Germany, France, Belgium and Sweden will often offer asylum for obvious political cases but each case must be considered individually. Go there incognito. Contact a movement organization or lawyer and have them make application to the government. Usually they will let you stay if you promise not to engage in political organizing in their country. In any event if they deport you these countries are good enough to let you pick the country to which you desire to be sent. We feel it’s our obligation to let people know that life in exile is not all a neat deal, not by a long shot. You are removed from the struggle here at home, the problems of finding work are immense and the customs of the people are strange to you. Most people are unhappy in exile. Many return, some turn themselves in and others come back to join the growing radical underground making war in the belly of the great white whale.

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