Earth_First
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Tue Nov-08-11 06:55 AM
Original message |
| Temporary restraining order against Occupy arrestees?! |
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Edited on Tue Nov-08-11 06:57 AM by Earth_First
The attorney I spoke with yesterday said that the City of Rochester *may* issue temporary restraining orders against anyone arrested as part of OccupyRochester from gathering in Washington Square Park as part of an ACD plea deal...
WTF?!
I'm no legal scholar, but how can this possibly be legal?
Any thoughts?
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| Fumesucker
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Tue Nov-08-11 07:06 AM
Response to Original message |
| 1. Isn't a judge necessary to issue a restraining order? n/t |
| Earth_First
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Tue Nov-08-11 07:09 AM
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| 2. We will be before a judge during our trial dates... |
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Not sure if this can be done at that time or happens afterwards....
Im new to all this, never been arrested for activism before, so there's a learning curve in place here, bear with me...
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| Fumesucker
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Tue Nov-08-11 07:16 AM
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| 3. What I mean is that the city itself cannot issue a restraining order.. |
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They can seek a restraining order from a judge and I suspect there's a good chance they'll get it but it's not a sure thing, depends highly on the particular judge in question.
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| Earth_First
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Tue Nov-08-11 07:17 AM
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| dixiegrrrrl
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Tue Nov-08-11 09:15 AM
Response to Reply #2 |
| 8. Congrats on being arrested! |
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Seriously.
A big step. A big fear overcome.
btw..were you fingerprinted?
What were you charged with? A misdemeanor?
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| FBaggins
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Tue Nov-08-11 07:25 AM
Response to Original message |
| 5. I don't think that they can order one, but they CAN do it as part of a plea. |
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Edited on Tue Nov-08-11 07:26 AM by FBaggins
IOW, I don't think that they can legally say "you can't protest", but they can enforce it if you agree to it.
It sounds like they are giving you a choice of jail time (or rather, charges with them pushing for jail time) or voluntarily putting yourself under the legal obligation to avoid the protest area.
They can certainly make that deal legally. The question is whether you think they can win with the alternate position (or would even try).
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| glowing
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Tue Nov-08-11 07:56 AM
Response to Original message |
| 6. Actually, it is the way Nashville has kept their encampment. |
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They have a restraining order until 11/21/2011 from arrests occurring. It was issued to them. I believe they are also trying to get a judge's order to remain "occupied" in the meantime.
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| Fumesucker
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Tue Nov-08-11 08:40 AM
Response to Reply #6 |
| 7. Good point, the lawyer for the OP should be seeking a restraining order on their behalf.. |
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