KNOW YOUR LEGAL RIGHTS

Transcription

1 KNOW YOUR LEGAL RIGHTS A criminal record poses one more barrier to successfully gaining housing and employment. So it is critical to understand the laws affecting your life on the streets, rights when interacting with the police, and the legal advice available in your community. Within this brochure you will find that information, along with The Homeless Bill of Rights in Northeast Ohio, which serves as an advocacy agenda for the community. 1

2 Note: The information contained within this brochure provides only general information to assist you; it is not a substitue for legal advice from an attorney. WHEN YOU ARE STOPPED BY AN OFFICER =Be polite and respectful. Stay calm. Don t complain on the scene or tell the police they are wrong or that you re going to file a complaint. If you feel your rights have been violated, file a written complaint with the police department s internal affairs division or civilian complaint board. =Keep your hands where the police can see them. Don t touch any police officer. =If you argue with police or resist arrest, they are likely to bring more charges against you. =Know the name or badge number of the officer involved, along with the patrol car number. If ticketed, the officer s number will be on the ticket; if arrested, it should be on the police report. =Police do not have to read you your Miranda rights at the time of arrest, nor do they have to formally announce that you are being arrested. =You don t have to show police your ID (unless pulled over while driving), but the police have the right to take you in until you have been identified. Once they have your ID, they can run a warrant check. =Try and find witnesses and their names and phone numbers. Police Conduct 3 Types of Stops: 1) casual encounter = The officer is inviting you to talk; ask, Am I free to go? If not, you are being detained. 2) detention = The officer has reasonable suspicion; ask the reason for detainment. It could be useful to you later if arrested. However, the officer does not legally have to tell you the reason. 3) arrest = The officer has probable cause to believe you committed a crime. IF ARRESTED Self-incrimination: =If the crime you are arrested for has possible jail time as punishment, and you can t afford an attorney, you have the right to have one appointed to you before questioning. Ask police how the lawyer can be contacted. =You have the right to remain silent. You can refuse to answer any question if it would incriminate you. 2

3 Searches: =If arrested for an infraction (eg: jaywalking) or being detained, you may get a pat down for weapons, but you should not be searched. In a pat down, they may not remove items, even if they believe they are contraband, that don t appear to be weapons. =Once you are arrested, they have the power to search you and your immediate surroundings. = If you are arrested illegally, some evidence from the search may still be admissible in court and if you have outstanding warrants for other charges, you can be detained on those. =The officer must show you the warrant within a reasonable time after arrest and give you a copy. =You have the right to refuse any physical or chemical test. An exception comes up when you are stopped for suspicion of driving under the influence. Refusing to take a breath test or blood test results in an immediate license suspension. =With a reasonable time after your arrest or booking, you have a right to make a local telephone call to a lawyer, bail bondsman, relative or any other person. =You have the right to appear before a judge on the next court day for hearing on release on bond or without bail. You may ask the judge to lower your bail or to be released on your own recognizance (without bail). Present to the judge reasons why you should not remain in jail pending trial. Within 48 hours of arrest, the judge must: 1) tell you the crime you re accused of committing. 2) give you a copy of the written complaint. 3) give you a continuance (more time) to get an attorney or have one appointed. 4) tell you the nature and effect of pleas you may enter: not guilty= don t give up any rights, including right to a speedy trial no contest= admit the facts in the complaint are true, but deny guilt guilty= admit to the crimes and give up your right to a trial and to remain silent; a guilty plea may lay the foundation for a harsher punishment if later convicted of another offense. =If you cannont afford an attorney, ask the court to appoint a lawyer for you. 3

4 CLEVELAND MUNICIPAL CODE The following are all misdemeanor offenses that may be applicable and important to know: Use of Parks : No person shall be permitted to make use of public parks for any purpose not practically common to all and not in consonance with the proper use of the park. No person shall in any of the parks or in any refectory, restaurant, building or place on the same, solicit fares, or beg or publicly solicit subscriptions or make any oration, harangue, demonstration, or address. Behavior in Parks : Sleeping or protracted lounging on the seats or benches, or loud, boisterous, threatening or abusive, insulting or indecent language, or disorderly conduct or behavior, or any act tending to a breach of the public peace is strictly prohibited. Use or Sale of Intoxicating Liquor : No person shall take into or upon any park any intoxicating liquor, either for sale to another or for his own use, or for the use of others; nor shall any person sell, give away or dispose of any intoxicating liquors in or upon any park. No intoxicated person shall be allowed to enter or remain within any of the parks. Trespass on City Recreational Facilities : No person shall trespass, loiter or remain in the building or upon the grounds of a recreational facility of the city between the hours of 9:00 PM and 8:00 AM unless authorized by the Director. Fined $75, if 2 nd offense, misdemeanor of 4 th degree. Disorderly Conduct : No person shall recklessly cause inconvenience, annoyance or alarm to another. Includes: engaging in fighting, making unreasonable noise, hindering the movement of persons on a public street. Minor misdemeanor. If persists in conduct after warning, misdemeanor of 1 st degree. Unlawful Congregation : No person shall congregate with others on the sidewalk, street corner or within the parks or public grounds, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned by the serious annoyance to pedestrians or by threatening, insulting or abusive conduct, and refuse to move on when ordered by a police officer. Misdemeanor of 1 st degree. 4

5 Public Intoxication : No person shall be in a state of public intoxication or, being intoxicated, disturb the peace, good order and quiet of the City. Minor misdemeanor. Resisting Arrest : No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself or another. Misdemeanor of the 2 nd degree. Open Container Prohibited : No person shall have in his possession an opened container of beer or intoxicating liquor in any public place. Minor misdemeanor. Public Indecency : No person shall recklessly expose his private parts, engage in masturbation, or any other sexual conduct which is likely to be viewed by and affront others who are not members of his household. Misdemeanor of 4 th degree if 1 st offense. Loitering : No person shall remain or wander about in a public place and repeatedly beckon to, or repeatedly attempt to engage passersby in conversation, or repeatedly interfere with the free passage of other persons for the purpose of prostitution or drug activity. Loitering for purpose of prostitution is a misdemeanor of 1 st degree Criminal Trespass : No person shall knowingly enter or remain on the land or premises of another which is lawfully restricted to certain persons, purposes, and hours by communicating to the offender by posting, sign, fence, or other restricted access. Misdemeanor of 4 th degree. No person shall enter or remain in any vacant building or structure without having permission of the owner. Misdemeanor 1 st degree. Unauthorized Use of Property : No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent. Misdemeanor of 1 st degree. Offense Max Jail Time Max Fine 1 st degree 6 months $ nd degree 90 days $750 3 rd degree 60 days $500 4 th degree 30 days $250 Minor no imprisonment $100 5

6 The following are codes that may apply to a complaint you have against another person: Disposition of Property Held by the Division of Police : The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, that has been lost, abandoned, stolen or lawfully seized or forfeited, and to notify them when and where it may be claimed. If the possessor is not known, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody and inviting persons to view and establish their right to it. Dereliction of Duty : No officer, having charge of a detention facility, shall negligently do any of the following: allow the detention facility to become littered or unsanitary, fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical attention, or fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another. Interfering with Civil Rights : No public servant, under color of his office, employment, or authority, shall knowingly deprive, conspire, or attempt to deprive any person of a constitutional or statutory right. Misdemeanor of 1 st degree. Unlawful Restraint : No person, without privilege to do so, shall knowingly restrain another of his liberty. Misdemeanor of 3 rd degree. Fair Employment Practices Chapter 661: No employers, employees, labor union, or employment agencies shall discriminate against any person solely on the grounds of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status with regard to hire, discharge, tenure, upgrading, terms or conditions of employment or union membership. Administration of this chapter is responsibility of the Community Relations Board, in cooperation with the Office of Equal Opportunity. 6

7 Fair Housing Chapter 665: It is unlawful to refuse to sell, transfer, assign, rent, or finance housing accommodations or change terms and conditions because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status of any prospective user of the housing. You may file a complaint in writing and under oath with the Fair Housing Review Board, stating the name and address of the person alleged to have committed the violation. Discrimination in Public Accommodation : No person, being the proprietor of a business, shall deny to a citizen, except for reasons applicable to all citizens, the full enjoyment of the accommodations, and no person shall aid the denial. Whoever violates this code shall be subject to the revocation of their license. Suspension and Revocation Procedure : A person may file, in writing, with the Chief of Police, a complaint against a private security service or an armed security guard, or both, which alleges that they committed an act which constitutes grounds for suspension or revocation of the license. Grounds include a conviction involving the use or threat of force or violence against a person or an offense involving moral turpitude, giving false statement to a law enforcement officer, or giving false testimony or perjury. CIVIL COURT CASE NO.1:99 CV 3143: In a lawsuit against the City of Cleveland settled in 1999, the City, through its Police Department, agreed not to arrest, or threaten to arrest or detain, any individuals, including homeless individiuals for performing innocent, harmeless, inoffensive acts such as sleeping, eating, lying, or sitting in or on public property. The agreement does not prevent the City from arresting an individual for criminal activity or from enforecing existing City Ordinances. 7

8 RESEARCH You can access your criminal record at the Justice Center at 1300 Ontario St., which has free computers to look up misdemeanors and felonies.the county also has a link from its website where you may search for only felony records. Click on Criminal Docket and search by case number or name.you can also look at the county website from any computer with an internet connection.this includes computers at the local public library. Ask the librarian for assistance. If you are convicted of a crime, it s very important to know what the crime was, what court you were in, and the case number. EXPUNGEMENT Expungement is a legal process that allows you to clear a conviction from your criminal record. Some crimes, including murder, rape, vehicular homicide, and armed crimes, can never be expunged. Once a conviction is successfully expunged, you do not have to disclose that information when applying for employment or housing. Qualifications for expungement are rather strict; to be eligible for expungement, you must be a first time offender, have no pending criminal charges at the time of request, have been rehabilitated, and allowed a certain amount of time to pass between conviction and requesting expungement. That time period is one year for misdemeanors and three years off probation, parole, or straight release for felonies. The first step towards expungement is to file a Motion for Expungement in the court you were convicted in and pay the filing fee. If you are a low-income person, you may file a poverty affidavit instead. For assistance in filling an expungement application, contact the Cleveland Homeless Legal Assistance Program, CHLAP can also help you get your records or refer you to the Public Defender for assistance. The Public Defender has a session every Thursday from 1-4 to help with completing the application. APPLICATION TO SEAL ARREST RECORD If you were arrested and the charges were dismissed or you were found not guilty, you can ask the court to seal the arrest record. This does not count against your ability to file for an expungement. Contact the Cleveland Homeless Legal Assistance Program for help. HELPFUL NUMBERS Clerk of Courts: Criminal 216/ , Civil 216/ Public Defender: 216/ Municipal Clerk of Courts (for misdemeanors): 216/ Cleveland Homeless Legal Assistance Program: 216/ (voice), 216/ (fax) 8

9 HOMELESS BILL OF RIGHTS IN NORTHEAST OHIO (2000) Note: This is not a legally binding document; it is an advocacy agenda developed by speaking with homeless people about their concerns over the course of a year. The right of homeless persons to: Empowerment 1. Programs and services that lead to long-term, out of homelessness and poverty solutions, including programs and services for families that promote cohesion and do not require family break-up in order for family members to receive services. 2. Active homeless participation in the development, implementation, and oversight of policies and programs that directly or indirectly impact them. 3. Honest, accurate and timely information on programs and services. 4. Be treated with dignity, respect, and equality by all, including shelter and service providers and all branches of government. Housing 1. Decent and safe emergency facilities, including a day-time shelter. 2. Transitional housing and attendant social and medical services, as needed. 3. Decent, safe and affordable permanent housing. Medical Care 1. Emergency and routine medical care on the streets and in medical facilities. 2. Alcohol and drug residential treatment on demand. 3. Bathroom facilities available 24 hours a day. 4. Sufficient stays in medical facilities so that healing occurs before release. 5. Effective follow-up or after-care medical care in a secure and stable environment, especially for persons with drug addiction. 6. Access to prescription drugs, as needed. 7. Proper nutrition to ensure a healthy existence. 8. Maintenance and updating of patient records (with built-in confidentiality for security of records to all homeless people including youth). Employment and Training 1. Job training and job counseling. 2. Job opportunities and placement (including supportive services, as needed) that provides a livable wage. 3. An Income Safety net for those unable to find work or those without the ability to work provided by the government for all people with yearly cost of living increases. 4. The elimination of barriers to unionize for collective bargaining purposes especially for welfare/workfare workers and temporary labor employees. Legal Protection 1. Equal enforcement of the law and the elimination of existing laws that, in practice, target homeless persons. 2. Effective federal monitoring of homeless civil rights violations. 3. Clear and certain separation between the criminal justice system and service agencies in the provision of benefits. 4. Confidentiality and privacy in the provision of benefits and services. 9

10 Cleveland Homeless Legal Assistance Program P.O. Box Cleveland, OH / (voice) 216/ (fax) *Areas of law: housing, family, consumer, employment, Social Security disability and SSI benefits, expungements, general legal questions. No criminal cases; contact the Public Defender for assistance. Go to the NEOCH website to find the location of the next intake session where you can talk to a lawyer. Housing Advocates, Inc Prospect Ave. Cleveland, Ohio / *Handles housing discrimination cases, not landlord tenant disputes. *Call and leave detailed message about problem & will return your call. No walk-in assistance. Christian Legal Services 1836 Euclid Ave. Suite 303 Cleveland, Ohio / *Handles civil matters, not family law issues. *Call and make an appointment from 9:00 a.m. to 5:00 p.m. Monday through Friday *Free legal services to those who meet the income guidelines. 10 Case Western Reserve University Milton A. Kramer Law Clinic East Blvd. Cleveland, Ohio / *Handles a variety: criminal misdemeanors, expungement of conviction or record, landlord/tenant dispute, domestic relations cases, wills, name change, social security disability. Does not handle criminal felony cases, appeals, and cases in small claims court. *Call the clinic, will be placed on waiting list and called. No legal advice given over the phone. No walk-in appointments accepted. ACLU of Ohio Foundation 4506 Chester Avenue Cleveland, Ohio Attn: Intake Dept. 216/ *Protect individuals constitutional rights and civil liberties *Send a one page description of the situation and a selfaddressed stamped envelope or fill out the complaint form at complaint_form.htm & you will be contacted by the ACLU *No walk-in service or legal advice given over the phone.

11 Cleveland Tenants Organization 3631 Perkins Ave. Suite # 3A-4 Cleveland, Ohio / *Provides information about the Ohio landlord and tenant laws to both parties. *Call and advice will be given over the phone. No walk-ins. Cleveland State University Employment Law Clinic 1801 Euclid Avenue Cleveland, Ohio / The Legal Aid Society of Cleveland 1223 W.6 th St. Cleveland, Ohio / *Areas of law: housing, consumer, employment, benefits, family, income tax, and older persons *downtown office provides walkin service from 9:00 a.m. to 11:30 a.m. & 1:00 p.m. to 4:30 p.m. Monday through Friday. *Handles cases involving wrongful discharge, unemployment compensation, and unfair treatment of an employee as a result of discrimination on the basis of race, sex, age, national origin, or handicap. *Call for advice and/or referral. By appointment only, 9:00 a.m. to 5:00 p.m., Monday through Friday. Accept a limited number of case intakes. Citizens of Cuyahoga County Ombudsman Office 2800 Euclid Avenue #650 Cleveland, Ohio / *If you have a problem with county government or a countyfunded program or service, contact the office staff. *Office hours are 8:30 a.m. to 5:00 p.m. Monday, Tuesday, Wednesday, and Friday and 8:30 a.m. to 7:00 p.m. Thursday. 11

12 Throughout the country there have been an increasing number of incidents in which the civil rights of homeless people have been violated. Cities have passed laws targeting the homeless and have selectively enforced already existing laws against them. Such actions may be unconstitutional. Homeless people and advocates around the country have led successful legal campaigns to overturn such discriminatory practices. It is important to report any violations of your rights, police harassment, a violent crime against a homeless person, or mistreatment by service providers. To report a violation or for any other assistance, contact: The Northeast Ohio Coalition for the Homeless 216/ Perkins Ave. Suite 3A-3 Cleveland, OH neoch@neoch.org Brought to you by NEOCH, AmeriCorps*VISTA and the generous funding of: Your organization s name here Your organization s logo here 12