VOLUNTEER ORIENTATION - Illinois Legal Aid Online

VOLUNTEER ORIENTATION - Illinois Legal Aid Online

https://www.youtube.com/watch?v=xAyqjIJz-DI https://www.youtube.com/watch?v=CzpLDLrA5iM https://www.youtube.com/watch?v=fvXVCxDcHds VOLUNTEER ORIENTATION Agenda I. II. III. IV.

V. VI. Welcome/ Overview Right to Legal Representation Criminal Procedure Step by Step Guide Troubleshooting Q&A FDLA History

Since 1995, FDLA has operated a 24hour 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 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 DONT 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 the 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. McCauley: 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 suspects 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 clients 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 childs charges or whether they are even a suspect

Juveniles particularly vulnerable to coercive police tactics Adult vs. Juvenile Processing SB2370 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 for formal At the discretion of youth officer Referral to states 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 defendants 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 callers name 2. The callers call back number 3. The callers relation to the client

4. The clients name and correct spelling 5. The clients 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 1st Priority: Felony investigation, juvenile or adult (if

more than one felony investigation, try to attend the more serious charge first) 2nd Priority: Juvenile in custody 3rd Priority: Adult or juvenile, already charged, and injured in custody or not receiving medical evaluation or treatment 4th Priority: Adult already charged Step 4: The Visit

What to bring to the station: Drivers 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 Log 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 clients behalf Explain that we will be representing them and monitoring their case until they are out of CPD custody Do not discuss details of clients 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 [email protected] and the supervising staff attorney 24 HOURS after shift is complete. Mail the original copies of DORs to FDLAs office at 5100 W. Harrison Chicago, IL 60644. Whats 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 Sergeants 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 S06-14-03 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 parents 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 G06-01-04 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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