Beruflich Dokumente
Kultur Dokumente
madison chapter
The following information applies specifically to Madison, Wisconsin. This information
is not a substitute for legal advice, and should not be considered such. If you have questions about a specific action, it is always best to consult an attorney.
Please keep in mind that this information is current as of April 2013. New laws and court
decisions will change this information.
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Q: How can the Capitol Police tell me what to do in the Capitol? What about my right to free speech?
The United States Constitution gives every person the right to free speech. But, that
right is not absolute. Speech that creates an immediate threat to safety is not protected. Governmental authorities are also free to regulate the time, place and manner
in which some speech happens, as long as those regulations do not favor or discriminate among kinds of speech based on the political or religious content of that speech.
Within the Capitol, numerous citations have been issued against Wisconsin residents
for not following permit requirements. While most of those cases have been dismissed, there is no resolution of the question of whether current permit requirements
for the Capitol rotunda are being applied in a content neutral manner or not. A law
suit currently pending in federal court will perhaps address this issue.
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Restrictions on the use of cameras in certain parts of the capitol building are currently the subject of several court challenges. Not all restrictions on recording and filming violate constitutional requirements, however. Court rooms, for example, commonly restrict who can record or
film proceedings. Generally, restrictions on the use of cameras and recording devices do not violate the Constitution when those restrictions are applied in a neutral manner and satisfy a legitimate public concern.
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record, the bond will probably be a few hundred dollars and maybe even zero. Please
note that the processing before release on bond can take anywhere from several hours
to one to two days.
At your preliminary hearing, a judge will decide based on the evidence whether your
case will be dismissed or will become a full criminal case. You may need to enter a
plea. You should consult with an attorney before deciding how, or whether, to plea.
If you are thinking of filing a civil complaint against the police or others for civil
rights violations, you should be especially cautious about whether you plead "guilty"
or "no contest" to charges. A guilty plea could prevent a future civil rights complaint
against police officers from being filed.
DO NOT ANSWER QUESTIONS OR CHAT WITH POLICE, other than to give basic identifying information like your name and address. As mentioned above, police
officers are permitted to lie to you in order to get information, and they will use anything you say against you. If you are asked to answer questions, say, I do not want
to answer questions. I want to speak to an attorney. This will invoke your constitutional right against self-incrimination and your constitutional right to be represented
by an attorney, and the police officers should stop asking questions.
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If you are an immigrant or you are not a U.S. citizen, getting arrested may
mean that you are deported. Talk to an immigration attorney before you put
yourself at risk for arrest.
If you are on probation or parole, you are required to report any arrest to
your probation or parole officer. An arrest can be considered a violation of
probation or parole.
Unless you have a permit for concealed carry, do not carry weapons of any
kind, even a pocket knife. If you do, you may find yourself facing a weapons
charge. If you have a permit for concealed carry, let any officer with whom
you are interacting know that you have a permit for carrying a concealed
weapon, that you have a concealed weapon with you, and that you will wait
for further direction from the officer while keeping your hands visible.
If you take medication, do not assume you will have access to it after arrest.
If it is important that you take your medication on a careful schedule, carry
several days supply with you in the original prescription containers along
with a doctor's note specifying the importance of those medicines to your
health. Please note that these efforts are still no guarantee that you will
actually receive your medicine.
To avoid problems getting released on bail or lengthy processing, carry a
picture ID with your current address on it.
If you are a minor, your case may be handled separately from others in
juvenile court, and you might not be released until a parent or guardian
comes to pick you up.
If you are claustrophobic, do not place yourself in danger of arrest. It could
be several hours to one or two days before you are released, and you will
spend time in confined places.
If you do not live in the Madison area, you should understand the court
hearings are not scheduled at your convenience. You will be required to
return to Madison for court hearings.
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